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Labor Standards Law
◎Employment agreement

■About the contents which you should mention in employment agreement
In a flow of fluidity of the employment and the diversification of the employment form, an employment agreement (an agreement, tendency of the important point) becomes important. You must state the next matter clearly with Labor Standards Law Article 15 by all means.
1、The period of the work contract
2、a place of the operation
3、The duties that you should engage in
4、the time of the opening / the close of the work
5、labor (overtime work) presence more than the agreed hours
6、a break, a holiday, a holiday,
7、the decision of the wage, a calculation and a payment method, the final day of the wage, the payment time, a matter about the raise in salary
8、a matter about the resignation

■The effectiveness after the conclusion of work contract violating the Labor Standards Law
Labor Standards Law Article 13 "invalidates the work contract to establish the working conditions that do not reach a standard to establish in this law about the part". It prescribes it with ".

■After adoption about adoption cancellation
It is not necessary to pay severance pay even if it discharges you immediately for less than 14 days from adoption. However, you must pay the above-mentioned average wages (severance pay) in Labor Standards Law Article 20 (a notice of the discharge) for 30th if there is it after having passed by 14th whether the user at least announces it previously as well as the case of the full-time employment before 30th when it discharges you. As for the term of trial, the discharge right is accepted than a normal hiring comparatively widely, but it is said to a reason of the non-adoption of "objectifying it and and I am rational that it is not possible for a considerable reason to refuse full-time employment in what is demanded easily in a common idea".

◎Office regulations

■Making and the change of office regulations
A company is making / a thing to change, and the office regulations are free, but cannot be against laws and ordinances and a labor agreement about contents. In addition, you must hear the opinion of a person representing the majority of the worker when you make office regulations and change it when there is the labor union to organize with the majority of the worker when there are not the labor union, the labor union to organize with the majority of the worker. (Labor Standards Law Article 89, Article 90)Furthermore, about "the disadvantage change" of office regulations, there is the trial example that was invalidated so that there is not it with a rational thing. (the 1,173rd the second Supreme Court Petty Bench 1981 (オ) July 15, 1983 judgment)

■The contents which you should mention in office regulations to a minimum
Contents to mention in office regulations have "the absolute need items mentioned" and "the relative necessary items mentioned". The absolute need items mentioned are the things which you must mention by all means, and, on working hours, a break, a holiday, a holiday, a wage, a thing about the resignation apply to it. If there is a thing (separation pay, a temporary wage, the service rules such as bonuses, security and hygiene) fixing for the relative need items mentioned originally in a company, you must mention it.

◎Working hours edition

■The basic rule of working hours
The principle of working hours is fixed at eight hours with Labor Standards Law Article 32 on 1st for 40 hours for one week. In addition, when I satisfied a constant condition, there is a system (the transformation work week of the one year unit) to do a system (the transformation work week of the one month unit) and working hours in 1 to do one month for 40 hours for one week on an average for 40 hours for one week on an average and says labor more than these with legal overtime work, and so-called overtime work is. In addition, about the upper limit of the legal overtime work, there is notification called the limit standard about the overtime work.

■A procedure when I let you labor on overtime work / a holiday
When I let I am over legal working hours and labor in the Labor Standards Law, it is it with labor on a holiday when I become the overtime work and let, in addition, you labor on a legal holiday. It is necessary that there is fate of the effect that can let office regulations and work contract labor as well as there being the conclusion / the report of the agreement (36 agreements) about the labor as a condition when I let you labor on overtime work, a holiday on overtime work / a holiday on overtime work and a holiday. About 36 agreements, I conclude an agreement by Labor Standards Law Article 36 between the labor union (a labor union cries, person representing the majority of the employee) to organize with the majority of the employee and must report it to Chief director labor standards. Even if there is an agreement as for 36 agreements only after I report it to Chief director labor standards of the jurisdiction because I become effective, after all it is it with law violation if I do not report it.

■An agreement to conclude when I introduce flextime
The flextime determines the total working hours of the fixed period of time of less than 1 month, and it is a system worker oneself chooses the time of the opening / the close of the work of the every day in the range, and to work. The matter which it must establish with the labor and management is as follows.

1、the range of a worker becoming the object
2、a settlement period and the date from which a period is reckoned of the settlement period
3、total working hours in the settlement period
4、working hours of 1st becoming normal
5、core time (the time when a worker must labor); a start of the time and the time of the end
6、a start of the flexible thyme (the time when a worker can labor by the choice) and the time of the end

◎Holiday holiday

■The setting of the break in case of the service trade that is unavoidable in a property of the work
Because even a shift is good, working hours need that the case more than six hours gives the case more than eight hours breaks more than 60 minutes in the middle of working hours for 45 minutes.

■Correspondence of leave with pay application submitted in the busy time
You must give the annual vacation as a general rule in the season when a worker requested it. But it is said that I can give it in other seasons when it disturbs the normal administration of the business to give annual vacation in a requested season (the season change right). I have difficulty with the scale of the business, contents, work contents, a property, of the work, the placement of the caretaker that the worker concerned is in charge of, and I consider customs and practices circumstances of the diversity, and it should be judged whether you disturb the normal administration of the business objectively. It seems that you had better think that you must give it unless I particularly disturb the normal administration of the business when it is understood whether you disturb the normal administration of the business extremely restrictively when I watch the trends such as precedents, and the most of the employee requested it at the same time. In addition, a company becomes the offence though there was request from a worker when I do not give leave with pay.

■Is for the predigestion of the annual vacation; the handling
The prescription of the annual vacation acquisition may transfer predigestion legally only for year, the following day for two years. (115 lines of Labor Standards Laws / prescription)

■The purchase of the annual vacation
Because it is provided that you "must give leave with pay" in the Labor Standards Law, it is it in the thing that I gave a holiday even if I provided it with money. In addition, I subscribe for the purchase, and I reduce the annual vacation days that I can demand, and it is not possible not to give the demanded days in the Labor Standards Law. But it is not this limit about the annual vacation of the days exceeding law. ( Labor Standards Law Article 39)

◎Discharge / resignation

■The discharge that is prohibited in laws and ordinances
About the discharge, some regulation is arranged in existing laws and ordinances. I am as follows when I enumerate them.

1、 Make professional injury / illness; is 30 days after a suspension of business period and reinstatement(Nine lines of Labor Standards Laws)
2、 I set a limit to discharge of 30 days after during the suspension of business and reinstatement in after giving birth in before childbirth(Law Article 19)
3、 Prohibition of the discriminatory discharge that I did by the reason of nationality(Law Article 3)
4、 Prohibition of the discharge to assume a report to the director labor standards station a reason(Law Article 104)
5、 Discharge to assume that it is a woman a reason(Eight lines of The Equal Employment Opportunity Law Clause 1s)
6、 Prohibition of the discharge to assume union member であること / unfair labor profit a reason(Labor Union Law Article 7)
7、Discharge to assume an efficiency fall / labor inability to be caused by the acquisition / the request such as the suspension of business, the pregnancy / delivery in after giving birth in the marriage, the pregnancy, delivery, before childbirth a reason(The Equal Employment Opportunity Law Article 8 Clause 2)
8、 Prohibition of the discharge to assume child care / the care suspension of business acquisition a reason(Child care / care suspension of business law Article 10, Article 16)
9、 Prohibition of the discharge to assume what I applied to for mediation about an individual labor-related dispute a reason(Individual labor-related dispute solution promotion law Article 4, Article 5)
10、 Discharge to assume a public interest report a reason(Three lines of public interest reporter protection law)

◎Social insurance

■Labor insurance and social insurance
The labor insurance is unemployment insurance and a workmen's accident compensation insurance. If the workmen's accident compensation insurance is a worker, there is not the distinction such as part-time jobs, and most join it in this. It is the insurance that is provided with when I bore an injury during commuting during duties. Social insurance is generally welfare annuity insurance and health insurance.

■About the participation of unemployment insurance / social insurance / the workmen's accident compensation insurance of the part-timer
<Unemployment insurance>
1、 If 1, the agreed hours of the week are more than 30 hours, I become the person insured of the unemployment insurance (a general person insured). 
2、both next matters become the person insured again even if it is under 30 hours when they satisfy it (a short time labor person insured). Repetition being the person whom it continues, and set to work. When it is anticipated that it is employed sequentially more than one year to be concrete. Agreed hours of one week being more than 20 hours.

<A workmen's accident compensation insurance>
About the part-timer, it is applied regardless of the length of the work contract period, the length of working hours entirely.

<Health insurance / welfare annuity insurance>
For one day or the agreed hours of a general worker performing similar duties in the business establishment working hours of one week there be almost it more than three-fourths. In the scheduled labor days of a general worker performing similar duties in the business establishment the duty days of one month there be almost it more than three-fourths.

■About a quitting a job reason in published by quitting a job vote
There are "self-circumstances" and "company circumstances", but becomes a wait period from application for seven days when a person insured files for unemployment insurance receipt. Receipt begins as a scholar of specific receipt qualification in the case of "the company circumstances" immediately afterwards. Receipt will begin after a payment limit for three months in what get payment restrictions of three months in the case of the "self-circumstances" resignation.

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