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2013年3月22日 金曜日

MASHR CONSULTING NEWSLETTER​: May 2012

New rules on fixed-term employment contracts

A Bill for Partial Amendments to the Labor Contract Act was submitted to the Diet on March 23.
A central feature of the bill is to obligate a company to grant a worker permanent status at his/her
request if the worker has been employed on repeated fixed-term renewable contracts for a period exceeding five years.
Key points of the draft bill are as follows:
 
1. Conversion of a fixed-term employment contract to an indefinite-term contract
 A set of regulations is introduced under which, when a fixed-term employment contract
 has been repeatedly renewed for a period exceeding five years,
 it shall be converted to a permanent contract at the request of the worker concerned.
 However, when there is an interval ("cooling period") of six months or more between contracts,
 then, in principle, the earlier contract period is not counted.

2. New provision on contract non-renewal
 If either (1) or (2) below is applicable, a worker's request for renewal of an employment contract
 (non-renewal) shall be deemed to have been accepted by an employer for employment on terms identical
 to those under the previous fixed-term employment contract, to the extent a refusal
 for such renewal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms.
   (1)  The conditions of employment through the repeated renewal of fixed-term employment contracts
     are not essentially different from an employment contract with an indefinite term.
 (2) An employee is considered to have a reasonable expectation that a fixed-term employment
     contract will be renewed after the expiry of its term.

3. Prohibition of unreasonable working conditions on account of a fixed-term contract
 When there are differences between the conditions of workers on fixed-term contracts
 and workers on permanent contracts, such differences shall not appear unreasonable after
 variations in the type of work and the allocation of work have been taken into account.

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MASHR Consulting is continuously providing information and advice with regard to the above matters.
If you have any questions, please free to contact me.

Thank you,

**********************

Yumiko Kamioka
Labor and Social Security Attorney, USCPA
MASHR Consulting Co., Ltd.
24-8-805 Yamashita-cho, Naka-ku
Yokohama City, Kanagawa, Japan
Tel: 81-45-212-0681
Fax: 81-45-212-0682
E-mail: mashr-hr@mashr.co.jp
Website: http://www.mashr.co.jp

**********************

投稿者 株式会社マーシャル・コンサルティング

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