◆What is the “Act on Special Measures for Fixed-Term Employment”?

Due to the Revised Labor Contract Law put into effect in April 2013, fixed-term labors whose contracts have been repeatedly renewed for more than five years have the right to apply to convert to indefinite employment.
The Act on Special Measures for Fixed-Term Employment specifies fixed-term labors for whom this right to apply to convert to indefinite employment does not apply.
This act was approved in an extraordinary session of the Diet on November 21st, 2014, officially announced on the 28th of the same month, and will be put into effect from April 1st, 2015.

◆Who are the specified fixed-term labors?

Labors who are subject to this act are
1) fixed-term labors who posse a high degree of technical knowledge and
2) elderly people who have received continued employment through a fixed-term contract after the retirement age.
Group 1 consists of fixed-term labors that have an annual income of over JPY 10,750,000 possessing specific national qualifications or the like and people who engage in “work scheduled to be completed in a fixed period exceeding 5 years (10 years maximum)”.
Group 2, as subjects of re-employment and continued employment, consists of people who have been employed through a fixed-term contract after the retirement age.

◆Procedures for certification as a subject laborer

Group 1 must submit, to the proper labor director, a “Group 1 Plan Certification Application” and materials appropriate for the subject worker’s characteristics, concerning employment management, and demonstrating that the measures are being carried out (e.g., labor contracts, rules of employment).
Group 2 must submit, to the proper labor director, a “Group 2 Plan Certification Application” and materials appropriate for the subject laborer’s characteristics, concerning employment management, and demonstrating that the measures are being carried out (e.g., contracts, wage regulations, rules of employment).
Either group will be approved when it can be confirmed that they have responded in accordance with the basic guidelines. Further, the implementation of the measures will be confirmed by a report for the labor director.

◆Treatment of the subject labors

Ministerial ordinance provides that labor conditions must be clearly indicated by the delivery of written documents, and the contents to be clearly indicated must be enumerated.