An employment contract may be available orally, in writing or in electronic form. Terms are defined by the actual relationship between the employer and the worker. The basic conditions laid down in the Employment Contracts Act must be established at least in writing. Conditions of employment may also be determined by practice between the employer and the worker. The rights you have from your employment contract are in addition to the rights you have under the law – for example, the right to obtain the national minimum wage and the right to paid leave. No obligation to submit an employment contract or directive to third parties, nor to obtain permission from third parties. However, the vast majority of courts have implicitly and explicitly refused “continued employment” in sufficient return or have limited applicability to very narrow circumstances. If you have worked with the same employer with a number of short-term contracts, these are added together to ensure “job continuity”. As a general rule, there is no obligation to submit employment directives to third parties or to obtain permission from third parties, neither with regard to directives nor with regard to the performance of individual employment contracts.
The implementation of the internal rules is subject only to consultation with the competent employee representation, with whom there is no agreement or consent. A fixed-term contract has endless possibilities for the employer. A three-month, six-month or one-year employment contract is the most common option. At the end of such a contract, you can say goodbye to yourself for free. Please note that you do not have or clear notice in the contract. If it is poorly prepared and you do not wish to renew the contract, you are required to terminate the contract with the employee in writing before the expiry of the notice period. If you do not, the worker is entitled to a contract extension. Another common problem is the use of a number of fixed-term contracts, some of which are subject to “automatic renewal”. In other cases, contracts are essentially “back to back”, creating a continuous chain of employment. Allowed. No legal limit, but usual 3-6 months.
An excessively long trial period could be invalid and, in many cases, 12 months is probably the maximum allowable period. Layoffs are very difficult in Japan and this also applies during the trial period….