Q&A between employers and employees from abroad

 
1. Payment of wages
Q: I worked for 25 days last month, but was paid for only 15 days of wages.
What happened to the remaining 10 days?
A:In principle, wages must be paid 1) in cash, 2) directly to the worker, 3) in
 full, 4) at least once a month, and 5) on a direct date. You should ask your

 employer to pay the remaining 10 days' wages immediately.
 
2. Wage deductions
Q: I came to Japan to teach English at a private school.
My housing expenses were supposed to be paid by the company, However, it has been 
deducted from my salary.
A: Your employer should know that it is against the Labour Standards
   Law to deduct any expenses from employee's salary, except the following
   cases;

Taxes (income tax, residential tax )
Employment insurance fee
Social insurance fee ( employees' pension insurance, health insurance )
Any other expenses prescribed by laws and regulations or expenses
   agreed to be deducted beforehand by the employee.
 
3. Dismissal
Q: I was let go from my job. It was so sudden that I am at a loss as to what to do.
Shouldn't the employer make some kind of compensation to me in 
such a case?
A:  If an employer wishes to dismiss a worker, the employer should provide
 notice at least 30 days prior to the dismissal. An employer who does not
   give 30 days notice in advance should pay the average wages for a period
   of not less than 30 days.
     This does not apply when an employer has just cause to dismiss its
   workers, and an employer gains the approval from the administrative

 office with respect to the reasons for the dismissal.
 
4. Annual leave with pay
Q: How is annual leave with pay granted in Japan?
A:  An employer should give annual leave with pay of 10 days to workers
 who have been employed fro six months and who have reported for work at
  least 80 percent of their total working days. The number of the days
  increases by one day each year until it reaches 20 days. Part-time workers
  also are granted annual leave with pay in proportion to the number of

 their work days.
 
5. Minimum wages
Q: I worked from 8 a.m. with one hour break for lunch. However I got paid only
4,000yen for the day.
Isn't this against the law in terms of 
minimum wages?
A:  It is illegal for an employer to pay less than the amount regulated by the
 Minimum Wages Law. There are two kinds of minimum wages; prefectural
   minimum wages and occupational ones. The following figures apply to all
   workers in Niigata prefecture. Since the occupational minimum wages

 vary from industry to industry, please ask us for further details.
 
Minimum wage in Niigata Prefecture:
Hourly wage -669 yen ( as of October 26, 2008)
 
6. Increased wages
Q: Am I entitled to receive increased wages when I work overtime?
A:  An employer is obliged to pay increased wages when he or she requires
 the employees to work exceeding legal working hours ( 8 hours a day, 40
 hours a week.) You are entitled to be paid increased wages at a rate of 25%

 or more in addition to your normal hourly wages.
 
7. Workers' Accident Compensation Insurance
Q: If I am injured on the job, do I have to bear the medical treatment fee?
A:  When you are injured while performing your job, the medical expenses
 for the injury are covered by the Workers' Accident Compensation
 Insurance Law. You are able to receive treatment for any injuries caused

 on the job at a designated hospital basically free of charge.
 

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