Rules for Japanese companies to employ foreigners

In Japan, there are laws to protect workers, such as the Labor Standards Act, which applies to all workers, including foreigners.Therefore, even if a different regulation on overtime wages is applied because a foreigner is a foreigner, it will be treated as invalid.As a result, foreigners will be employed under the same working conditions as Japanese people, and it will be treated as illegal to pay overtime wages under different regulations than Japanese people.In Japan, it is mandatory to pay premium wages for overtime wages, so if you work overtime, you will be paid overtime allowances just like Japanese people.In addition, the same regulations as Japanese people apply to the minimum wage, so if the minimum wage is revised, you will be paid the wage according to the revision.In the event of a violation of the law, such as failure to pay overtime wages, the Japanese company will be ordered to pay a fine as stipulated in the Labor Standards Act.In addition, if a Japanese company accepting foreigners for technical internship violates such regulations, the company's name and the fact that it violated the law will be made public.In addition, if such illegal acts occur, the company will not be able to accept foreigners for specific skills or technical internship, which will cause great damage to the Japanese company.

 What to do if overtime wages are not paid

As mentioned above, the regulations regarding overtime wages for foreigners are the same as for Japanese people working for Japanese companies.Therefore, the method of dealing with a case where a Japanese company does not pay overtime wages is the same as for Japanese people.We will explain this below.

 Confirm illegality

First, it is important to confirm whether not paying overtime wages is illegal.Basically, overtime wages must be paid in full, but in some cases there are exceptions and companies are not required to pay overtime wages.In that case, overtime wages will not be paid, so it is necessary to first check the exception regulations.Examples of exceptions include cases where a discretionary work system is established or where a deemed off-site work hours system is adopted.

Collecting evidence

If it is illegal not to pay overtime wages, you will need to claim for unpaid overtime wages.However, in this case, it is essential to collect documents and show the basis for the amount of the claim.Examples of evidence include work regulations, employment contracts, and time cards showing the amount of overtime worked. By collecting such documents, you will be able to clarify the overtime wage regulations at the company you work for and prove how many hours of overtime you worked.However, some companies do not use time cards, so in such cases you will need to collect notes on your daily departure time.In this case, you will need to show the judge that you worked overtime in court, along with other evidence and testimony collected.

Consulting a lawyer

After collecting documents as described above, you will often need to consult a lawyer who specializes in labor cases.In court, legal knowledge is essential, and as mentioned above, not paying overtime wages may or may not be illegal, so consulting a lawyer is almost essential in making that judgment.By consulting a lawyer who is good at labor cases, you can determine whether or not the non-payment of overtime wages is illegal and the expected amount of the claim, find effective evidence in court, and move toward obtaining overtime wages.

 Summary

In this article, we have explained how to deal with cases where a Japanese company does not pay overtime wages for foreigners.Even if you are a foreigner, the way to deal with cases where a Japanese company does not pay overtime wages is basically the same as for Japanese people.And in order to smoothly obtain overtime wages, the quickest way is to consult a lawyer who is good at labor cases.Yoshida Koichiro Law Office accepts requests for general civil cases, litigation, dispute resolution, and negotiation.Please feel free to contact us.The Japanese Lawyer with Real International Experience

What to do immediately after a Car Accident in Japan

If you are involved in a car accident in Japan, the process is governed by the Japanese law. Taking the correct steps immediately after the accident is crucial to ensuring safety of yourself and others and protecting your rights.

Secure Safety and Assist the Injured

Car accidents in Japan are always handled under the Japanese law. Therefore, your first priority is to ensure safety and assist the injured.

Specifically, you need to move your vehicle and check for injuries on the other party. If the other driver or passenger is seriously injured and you are able to move, you should by yourself or ask someone nearby to call an ambulance. In Japan, you must dial 119 and explain the nature of the injuries.

The moments right after an accident can be confusing, but failing to assist could lead to a violation of your duty to rescue as an involved driver. This could potentially put you at a disadvantage, even if you were the victim.

Report the Accident to the Police

One of the most important things after a car accident is to report the incident to the police. In Japan, it is legally required to report the accident to the police of the area (dial 110).

When you report to the police, be prepared to provide the following information:

• The date, time and place (address if possible) of the accident.
• The number of people injured, whether there are any fatalities, and the extent of the injuries.
• The extent of property damage, including to vehicles or their cargo.

Failing to report the accident will prevent you from getting a Car Accident Certificate (Jiko-shomei-sho). This document is essential for claiming compensation for medical bills and other damages later on.

If your injuries are minor, it's also a good idea to take photos of the scene, including vehicle damage, while the details are still fresh in your mind. This can be valuable evidence during later negotiations. Be sure to keep any documents or materials you have.

Why It's Hard for Foreigners to Handle a Car Accident

Even a simple car accident can be overwhelming, and it’s even more challenging for foreigners due to language barriers, lack of knowledge of Japanese law, and other specific issues.

The Language Barrier and Communication Difficulties

It's not common that many Japanese public institutions have English-speaking staff. This means that right after an accident, you will likely need to communicate in Japanese with the police and ambulance services at the scene.

If you don't have a strong grasp of the language, it is very difficult to accurately explain the situation or get the information you need. Making a phone call in a language that is not your native language is very difficult. Even if you understand conversational Japanese, it will be tough to correctly describe and understand the extent of injuries or the details of an accident.

Furthermore, most negotiations with the insurance company will also be in Japanese. Even for native Japanese speakers, it is hard to understand the complex legal terms involved in a settlement. For a non-native speaker, trying to navigate these complex discussions on your own (understanding the terms offered and expressing your concerns) is almost impossible.

Visa Issues for Short-Term Visitors

If you are a short-term visitor, serious injuries from an accident could require medical treatment that exceeds your allowed stay. In such cases, you must apply for an extension or a change of your visa status at a local immigration bureau. Navigating this process without a solid understanding of the Japanese law is extremely difficult. Ignoring visa issues could lead to overstaying and even deportation.

Medical Costs

If you are not enrolled in Japan's national health insurance system, medical treatment can be expensive. Understanding the complexities of the compulsory automobile liability insurance and voluntary insurance systems is crucial for ensuring your medical bills are covered.

How our Law Firm can help

Our law firm offers specialized support for foreigners who have been involved in car accidents in Japan. We provide a safe and professional environment to help you navigate these complex situations.

English-Speaking Legal Professionals

Our lead attorney has over 15 years of experience in the UK, and our firm has a long history of successfully assisting international clients. Our lawyers can communicate with you fluently in English, ensuring that there are no misunderstandings about your situation and that you fully understand your legal options.

Addressing Foreigners' Specific Issues

We are well-equipped to handle the unique challenges faced by foreigners, such as visa and medical cost issues. We provide detailed advice on visa extensions and guide you through the process of getting your medical expenses covered, allowing you to focus on your recovery without the added stress.

Expert Negotiation with Insurance Companies

Our team has the expertise and negotiation skills to deal with insurance companies on your behalf. We will work to ensure you receive fair compensation that covers your medical costs, lost income, and emotional distress, so you don't have to worry about being offered a low settlement.

We are here to help

If you are a foreigner who has been involved in a car accident in Japan, do not try to handle it all by yourself. The language barrier and complex legal system can make it overwhelming, but our firm is here to support you. We have a team of legal professionals with extensive international experience, and we can handle a variety of cases with the help of our partnerships with lawyers in countries such as Cambodia, the United States, Italy, the UK, and Cameroon.

Please feel free and do not hesitate to contact us for a free consultation.