| Code |
Category
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QUESTION
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Sender
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View Answer*
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Q11-007
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Reporting work Hours in Japan
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I would like to know the basic guidelines on how employees should report their working hours? Does it vary depending on the position of the employees in the company? Also, what constitutes employees’ working hours, e.g. commuting to work, commuting to a client, working from home, and/or thinking about work?
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Regional HR Manager, Technology Company |
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Q11-006
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Terminating an Employee in Japan Due to Poor Performance
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What legal actions can we take against an employee who has been under-performing? Although, we constantly make efforts to address this non-performance issue such as doing performance reviews & setting realistic deadlines for him to improve, we see no significant improvements. We also discovered recently that this employee is making unauthorized sales deals to customers--deals that could make serious problems and could put our company at risk--that are actually violations of our company’s regulations. My biggest concern is that this employee could be a threat to our business. What is the most legal and effective way of terminating this employee?
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General Manager, European Telecom Company
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Q11-005
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Employment Insurance |
We are a UK-based company with a subsidiary in Japan. According to our current Managing Director, if he will be appointed as ‘employer’/managing director of our new KK company in January 2012, he will still be covered by Social Security, but he will NOT be covered by Employment insurance since he will be so called ‘employer.’ Since he will not be covered by the Employment Insurance, he wants our company to pay for the unemployment insurance benefit in case he gets out of job.
My question is that, can he be covered by the government Employment Insurance? Is Employment insurance part of Social Security benefit which is mandated by Japan labor law?
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President/Managing Director/Employer of the UK-based company,
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| Q11-004 |
Terminating Employees Under Probation
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I work at a Tokyo branch of a US-based company. We have a serious problem with an employee who is still within their probation period. I would just like to get the correct legal procedures for dismissing this employee -- my understanding is that it's required to provide 30 days notice of termination to the employee. Are there any other requirements for termination?
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HR, US-based Company |
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| Q11-003 |
Employment Contracting in Japan
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We are a US-based company with a project in Japan. I would like to hire an engineering person to work on this project (approximately 9-12 months). I have a person in mind who is a Japanese citizen and living in the country. Can I hire this individual as an independent contractor under a consulting agreement? Are there employment regulations that cover this situation? I want to do what is correct for the situation. My preference is to issue an agreement from our US company. One other option would be to have the person hired by a third party and billed to us. What are the benefits or pitfalls of each approach?
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HR Vice President, US-based Construction Company
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| Q11-002 |
Unpaid compensation
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What are employees’ rights when an employer delays or defaults on payment and what are the appropriate legal steps to pursue to quickly resolve such an issue?
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Unpaid Salaryman
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| Q11-001 |
Long-term Disability/ Sickness
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I would like to know what an employer can do in Japan if an employee is consecutively on sick leave. Can the Company terminate his employment?
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Global HR, Lifescience Company
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