View Working:Labour Laws and Disputes
Laws
All employment laws in Japan apply equally to foreigners and Japanese nationals. However, as with so many things in Japan, you may get the impression that these are laws on paper only, that they are not strictly enforced and that employers aren’t penalised if the laws are not adhered to.
Your employer must provide you with a contract, the period of which cannot exceed one year. By law, this contract should include your pay, hours, safety, dismissal procedures, holidays, etc.; however, in practice, some contracts contain only the most basic information. The employer must also provide a copy of the company rules, and you are within your rights to request an English translation of it. Your employer must pay you in cash. This money must be paid directly to you (bank transfer is the most common method) at least once a month on a specified date. Full-time employees are eligible for certain company benefits such as sick leave, holiday leave, company insurance schemes, and reimbursement of transportation costs. Benefits for part-time employees and contract workers vary.
Disputes
If you have a problem with your employer, contact the Tokyo Bar Association; they can provide you with free legal counselling. There are also several private lawyers who can advise and represent you during any negotiations. Be aware that court cases are rarely resorted to in Japan; most people settle disputes privately.
Unions
To form a union you need four members at your place of work. There are also some regional and national unions that represent certain sectors of the foreign community that are ideal for self-employed individuals or for people who are the only foreigners at their company and would like some support. Your union can become an affiliate of the National Union of General Workers, which will then support and advise you, as well as negotiate on your behalf.
Note: Some employers may request your passport, telling you that it is for ‘safekeeping’. This may happen if you are brought to Japan to work in the entertainment industry as a dancer or hostess and will be staying in accommodation provided by your employer. Under no circumstances should you hand over your passport. Apart from the fact that a foreigner is expected to have their passport on their person at all times, if there is a problem with your work and you wish to terminate your contract, it may be difficult to get your passport back.