When hiring a worker, a company may require a relative of the worker or a similar guarantor to provide a guarantee of good conduct, and such a guarantee is considered valid. The duration of this guarantee is considered to be three years, unless indicated, and up to a maximum year if a duration is fixed. A unique and important trend is that the number of irregular workers has increased each year in recent decades, reaching 37.4% of Japan`s workforce in 2014.1 Irregular workers do not enjoy the same “lifelong” protection as regular workers. This means that employers should have the same payment standards for seconded workers as for workers directly recruited and in similar positions. (Note) In addition, for part-time workers, the employer must indicate in writing whether they are entitled to wage increases, old age benefits and/or bonuses. Any part of an employment contract that does not meet the standards set out in the law is not valid. For example, a contract that “the company may dismiss the worker at any time for any reason,” “the base salary covers all overtime benefits” and “social security costs are fully borne by the worker” (in the case of a company subject to social security) is cancelled, as long as these provisions are affected. It is also illegal to impose a sentence for non-compliance with an employment contract. For example, it is illegal to include a clause such as this: “If a worker retires within two years of entering the company, he must pay the company 500,000 yen.” However, this does not prevent an employer from demanding damages from an employee for the losses actually incurred. NH Global Partners strives to stay abreast of the new rules and to ensure that our customers use work shipping in China in accordance with local laws. You can contact us for detailed information on how your business can benefit from the workforce detachment in China.
The quintessence is that the detachment of labour in China has changed radically over the past decade, from a free environment for all flexible and deregulated environments to a stricter and more structured activity. The new interim rules limit working environments to three types of positions: at that time, labour shipments were made popular in America, Japan and throughout Europe. The largest and most common work distribution in America was founded from 1946 to 1951. Thus, in 1948 was created the largest employment agency currently seconded, Manpower. Japan recently amended the Detachment of Workers Act and simplified the rules for temporary workers (“Dispatch workers”). Among other things, the amendment, which came into force on 30 September 2015, relaxed existing restrictions on the employment of seconded workers, in particular restrictions on the length of their employment. Detached employment agencies send their regular employees to corporate clients to provide labour. Employment contracts between seconded and seconded employment agencies are irregular employment contracts, so that the time limit of the contracts shipped or not expires, they have no influence on the working relationship between seconded workers and seconded employment agencies.