Creating work rules and employment contracts
Creating work rules and employment contracts is one of our firm's core services.
Japanese labor laws are designed to protect workers, so while they establish various rules to safeguard employees, they contain very few provisions to protect employers.
In fact, labor laws significantly restrict a company's freedom and authority. If a company wants to establish rules to protect itself, it must create its own work rules. Work rules that are independently established and properly implemented within the limits of labor laws have legal binding power and are effective in resolving labor disputes.
Many companies simply use sample work rules found through internet searches, but such sample rules often do not reflect the actual situation or strategic direction of the company, and may end up unintentionally limiting the business. To truly protect your company, it is essential to create properly customized work rules.
Obligation to Create and Submit Work Rules
Currently, businesses that regularly employ 10 or more workers are legally required to create work rules and submit them to the Labor Standards Inspection Office. However, merely creating rules because it is "mandatory" is insufficient for proper risk management. If a company has 10 or more employees, work rules are essential for maintaining organizational order and ensuring fairness among employees. Without work rules, there is no legal basis for warning or disciplining employees who repeatedly engage in problematic behavior. This also applies to companies with fewer than 10 employees, and we strongly recommend that even small businesses establish proper work rules.
Work Rules Are Also Required for Utilizing Subsidies
In many cases, properly maintained work rules must be submitted when applying for subsidies. During the review process, consistency between payroll records, attendance data, and the work rules is often scrutinized. Proper labor management is a key requirement for subsidy approval. For companies that wish to actively utilize employment-related subsidies, having established work rules is an essential condition.
Our Support for Creating Work Rules
Our support service for creating work rules typically takes about 2 to 3 months from the initial consultation to completion. We carefully listen to management’s philosophy on HR and labor matters for each item, and collaboratively draft work rules tailored to the company’s current conditions and future direction. We typically conduct 2 to 3 meetings, and if requested, we also provide employee briefing sessions.
Work Rule Creation Support Includes:
Basic Components:
- Main Provisions
- Wage Regulations
- Childcare and Nursing Care Leave Regulations
*The above components are always included.
(Optional Components):
- Rules for Part-time and Temporary Workers
- Retirement Allowance Regulations
- Business Travel and Transportation Expense Regulations
- Condolence and Celebration Payment Rules
- Company Vehicle Management
*PolicyPrepared as needed.
Preparation of Individual Employment Contracts
Support for Creating Work RulesIndividual employment contracts concluded with each employee are just as important as work rules in terms of corporate risk management. In the event of labor disputes, the content of the employment contract will always be referenced, and submission of the contract is also required when applying for employment subsidies.Many small and micro businesses do not prepare employment contracts, but this puts them at a disadvantage when labor issues arise. Even without a written document, an employment contract is considered valid. Since the contract exists implicitly, disputes over “what was said or not said” are likely to arise, and companies that have failed to specify working conditions in writing will be held responsible, resulting in workers receiving full protection.Our firm provides support for preparing employment contracts for clients with whom we have a retainer agreement or who have requested the creation of work rules.