By Oscar Johnson
Accentuating the positives can take your career a long way in the Land of the Rising Sun. But let's face it; there are some employers on which it seems the sun never shines. Looking on the bright side doesn't mean you can't get burned. That's why I recommend a little sunscreen - know the rules of the game.
While economically Japan has progressed at breakneck speed, its glass ceilings, preference for seniority over job performance and peer or employer pressure to discriminate have been slower to change. Luckily there are strong labor laws and government offices at which to lodge complaints and seek advice. These should be your first recourse if the need arises.
Don't get me wrong. I'm not suggesting an adversarial stance toward employers or skepticism at every job offer. In a working world where Wa trumps all else it's essential to compromise, negotiate and choose battles wisely. Familiarity with the basic labor law of the land, however, and a little tact, just might help you avoid a few of the potholes in the local road to success.
For starters, take a good look at that employment contract. It should be for no more than three years (five under certain circumstances) and leave no room for doubt about your wages, hours and other working conditions. If after starting work you find conditions aren't what you signed up for you have the legal right to cancel it. If you packed your bags and relocated for that job, your former employer must also foot the bill for your return providing you do so within 14 days of canceling the agreement.
What about that paycheck? What paycheck! In Japan, normal wages must be paid in cash (usually by bank transfer) on a fixed date no less frequent than monthly. Family or transportation allowances don't count towards wages, and employers can't offset pay against monetary or credit advances as conditions for work. And while it needn't be stipulated in the contract, you should know that if work temporarily grinds to a halt as a result of the employer at least 60 percent of your average wages are due for the duration of the suspension.
Needless to say, in a country where the salaryman's working hours are legendary, there's more than one way to get around the 40-hour-workweek cap. In general, however, the law does require between 25 and 50 percent more pay for overtime. It also calls for a 25 percent increase for working a graveyard shift. So don't be shy about asking questions if a contract you're presented with outlines such conditions without stipulating the added pay.
Paid holidays are also mandatory both for full- and most part-time workers. After six months of continuous service with an 80 percent attendance rate or higher it should automatically accrue with annual increases starting at 10 days per year for full-time employees and less for part-timers based on how often they work. Like daily work breaks - at least 45 minutes for 6 hours of work - a minimum of one day off per week (or sometimes four days per month) also are required by law.
Sometimes extenuating circumstances, whether at the workplace or elsewhere, necessitate bowing out of an employment contract. When doing so, there're a few things to bear in mind: You'll almost certainly be required to give adequate notice, usually at least 30 days but the more the better. You should also say why you've decided to quit. But you cannot be slapped with an indemnity for an unfixed term of employment - even if it's written in the contract. In fact, it's illegal for an employer to stipulate a monetary penalty or indemnity for anticipated damages in a contract.
What if it so happens that saying sayonara is the boss' idea? Of course, ideally, he or she should have a sound reason. But there are some circumstances in which the law says it's simply unacceptable: You can't be sacked while recuperating from medical treatment for an injury or illness suffered while on duty or within 30 days thereafter. This also applies to women resting before and up to 30 days after childbirth. There are, however, exceptions to these rules such as if the employer pays compensation or unavoidable circumstances such as natural disaster render employment impossible.
In most cases, if your employer wishes to give you the proverbial pink slip it must come at least 30 days in advance - or with the equivalent in average wages for that period. Exceptions include the potential gray area of whether the dismissal is your own fault, as well as short-term, seasonal or probationary workers.
Regardless of why you move on, employers must give you proof of your former job in the form of a certificate of employment upon request without haste. It should include such info as job duration, kind of work, position, wages or reasons for leaving - but only the details you request. Within seven days employers must also hand over all wages, other due funds and valuables (to the rightful claimant in the event of an employees death). Attempts to sabotage future job prospects by leaking such info as your creed or union activities are against the law.
For a list of Tokyo area government offices that offer English-language advice on labor issues by phone see: http://www.city.itabashi.tokyo.jp/icief/life/consul/indexe.htm#roudou. To contact your local Labor Standards Inspection Office visit: http://www.tfemploy.go.jp/en/coun/cont_4.html. Looking to take a labor dispute to the next level? A list of lawyers in the area specializing in labor law is at: http://www.martindale.com/Japan/Tokyo/Labor-and-Employment/560-OGO/lawyer.html.
