The Guideline concerning Employment and Working Condition for Foreign Workers
I. Purport
Since foreign workers generally have no living base in Japan, are not proficient in speaking Japanese, or are not accustomed to Japanese labour practice, various troubles occur in their employment.
The Guidelines prescribe matters which employers should consider to prevent these troubles, to improve the employment management, and enable foreign workers to under proper working conditions, industrial safety and health.
II. Range of foreign workers
Permanent residents and special permanent residents are not included in "foreign workers" in the Guidelines.
The guidelines are applicable to those who work to learn practical techniques, skills, etc. under the Technical Intern Training Programme, having status of residence of "designated activities" prescribed in the Annexed Table to the Immigration Control and Refugee Recognition Act (hereinafter referred to as "foreign trainee").
III. Points to do considered as to employment and working conditions for foreign workers
About foreign workers, Employers shall observe the Employment Security Law and the Law for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as "the Worker Dispatching Law"), the Employment Insurance Law, the Labour Standards Law, the Minimum Wages Law, the Industrial Safety and Health Law, the Workmen's Accident Compensation Insurance Law, the Health Insurance Law, the Welfare Pension Insurance Law and other related laws. Also, the employers shall take proper measures for the following Items 1 through 5 in particular.
1.Proper recruitment and employment of foreign workers
(1)Recruitment, etc.
In accepting foreign workers from abroad, employers shall observe the Employment Security Law. If they recruit workers directly in foreign countries, they shall notify the Public Employment Security Office in advance. If they ask for recommendation from foreign countries, they shall accept from those who have licenses of overseas employment placement and shall not accept foreign workers from brokers who infringe the Employment Security Law or the Worker Dispatching Law. In employing foreign workers in order to carry on business under a contract, employers shall also observe the Employment Security Law and the Worker Dispatching Law and shall not carry on business to supply or dispatch workers on the pretext of contract.
(2)Employment
Before employing foreign workers, employers shall confirm that under their status of residence working in permitted, by checking the passports, alien registration certificates, etc. Employers shall also make efforts to give fair considerations in employment selections as far as they are not contrary to Immigration Control and Refugee Recognition Act and other laws.
2.Securing proper working conditions
(1)Clear indications
- Grant of employment notification
When entering employment contract with foreign workers, employers shall prepare and provide documents (employment notification) which indicate wages, working hours, and other major working conditions in the form that the foreign workers can understand. - Explanation of wages
Indicating the matter concerning wages, employers should make efforts to present the actual amount to be paid to foreign workers, by explanation the method of determination, calculation and payment of wages, tax, employment insurance premium, and partial deduction based on the labour and management agreement in a manner that foreign workers can understand.
(2)Management of proper working hours
Employers shall manage proper working hours, such as observing the working hours such as observing the working hours designated by law, securing weekly holidays, etc.
(3)Making the Labour Standards Law and other related law known
Employers shall make the contents of the Labour Standers Law and other related law known according to their provisions. In doing so, the employers shall make efforts to give necessary considerations to promote foreign workers understanding, such as using manuals easy to understand, etc.
(4)Preparation of workers' nominal register
Employers shall prepare a workers' nominal register and payroll book according to the Labour Standers Law. In doing so, employers should make efforts to grasp the address of the family, and other person to which to notify at emergencies.
(5)Return of money and articles
Employers shall not keep passport, etc. of foreign workers. When foreign workers resign from office, money and articles in the ownership of foreign workers shall be returned according to the Labour Standards Law. When the foreign workers leave Japan, such money or articles shall be returned within 7 days of their demand before the workers leave Japan.
3.Securing industrial safety and health
(1)Education for industrial safety and health
Employers shall educate foreign workers about industrial safety and health, in a manner that the foreign workers can understand. Particularly, employers shall give considerations so that method of using machines, safety units or guards which foreign workers are going to use can be full understood by them.
(2) Education of Japanese language, etc. to prevent workers' accidents
Employment shall make efforts to help foreign workers learn Japanese and basic signs, etc. in order to enable them to understand instructions, etc. prevent workers' accidents.
(3)Indication, notices, etc. to prevent workers' accidents
Employers shall make efforts to help foreign workers understand indications, notices, etc. concerning the prevention of workers' accidents in the workshop, using illustrations or other means, etc.
(4) Medical examination, etc.
Employers shall provide medical examinations for foreign workers according to the Industrial Safety and Health Law, etc. They shall also make efforts to explain the objects and contents of the medical examinations in a manner that the foreign workers can understand. When treating workers as a result of the medical examination, the employers shall make efforts to explain the result, the necessity and contents of the post-treatment in a manner that the foreign workers can understand.
(5)Health guidance and consultation
Employers shall make efforts to provide health guidance and consultation for foreign workers by an industrial doctor, health supervisor, etc.
4.Securing proper benefit of workmen's accident compensation insurance
(1)Making the workmen's accident compensation insurance system known
Employers shall make efforts to help foreign workers know the contents of the Workmen's Accident Compensation Insurance Law and procedure to demand payment of benefit, etc. at the time of employing foreign workers by explaining them to foreign workers in a manner that they can understand.
(2)Assistance in demanding payment of insurance benefit, etc.
When worker's accidents occur to foreign workers, employers shall make efforts to give advice about demand for payment of workmen's accident compensation insurance and other procedures for it when asked by foreign workers, to act for them for taking necessary step and to provide other required support.
5.Employment Security and improvement of welfare for foreign workers
(1)Welfare facilities
Employers shall make efforts to secure proper accommodations for foreign workers and provide sufficient opportunities for foreign workers to use facilities to offer meals, medical treatment, cultivation, culture, physical training, recreation, etc.
(2) Living guidance, etc.
Employers shall make efforts to give guidance to foreign workers to deepen their understanding about Japanese language, living practice, culture, manners and customs, etc. in Japan and give some advice to them wen asked, to promote smooth integration into the Japanese society.
(3)Education and training, etc.
Employers shall make efforts to educate and train foreign workers and to take other necessary measures for them to develop and improve their occupational abilities.
(4)Prevention of dismissal and support of re-employment
Employers shall not discharge foreign workers easily when scaling down their business, etc. If they have no other choice but to discharge foreign workers, they shall make efforts to give necessary assistance to those who want to be re-employed, in cooperation with the Public Employment Security Offices, the Japanese Descent Employment Service Center, etc.
(5)Support on returning to home country, changing of status of residence, etc.
- When the period of stay of foreign workers employed expires, employers shall terminate the employment relation with them, and make efforts to give advice about the procedures to return home and to do other required support.
- Employers shall make efforts to give necessary support to foreign workers who are to change the status of residence, extend the period of stay by changing the working hours, etc. to enable them to go through the necessary procedures.
IV. Report of employment conditions of foreign workers
Employers shall report to the district Public Employment Security Office the employment conditions of foreign workers as of June 1st every year, according to the System for Reporting on the Employment Situation of Foreigners.
V. Appointment of personnel responsible for foreign workers' employment and labour
The employers who always hire more than 10 foreign workers shall appoint someone such as a manager of personnel section as responsible person for employment and labour of foreign workers, to make him/her enforce the provisions of III of the Guidelines, etc.
When an employer seconds any of the foreign workers that he/she employs to another employer under a contract agreement, the original employer shall, as necessary, consult with the counterparty, seek cooperation from the latter, and ensure that the aforementioned responsible officer discharges his/her duty. If consulted, the counterparty shall make any necessary arrangements to facilitate the discharge of duties by the responsible officer.
VI. Foreign trainees
Foreign trainees are under employment relation, so they have to be covered by the provisions from III to V. In addition, in accepting trainees who are to undergo the Technical Intern Training Programme, employers shall take care that the Employment Security Law is applicable to them. If they recruit trainees directly in foreign countries, the employers shall notify the Public Employment Security Office in advance and, if they ask for recommendation from foreign countries, they shall accept them from those who have a license of overseas free employment placement.
VII. Support and cooperation from employment security institutions, labour standards administration
Employers shall enforce the provisions of the Guidelines with necessary support and cooperation from employment security institutions, labour standards administration institutions or other related administrative institutions.
