Hiring and Firing

[jogabonito]

I've heard anecdotally that Japanese labor laws make it nearly impossible to fire people once you've hired them. Does anyone have any experience in hiring and firing in Japan, or know of any resources to get a feel for the labor environment?

We're looking to hire an intern in Japan and trying to figure out what we need to do to protect ourselves.

[Majestic]

Hire your intern as a contract employee for a specific period of time. If it works out, extend the contract.

It is quite difficult to fire full-time employees, but this does not stop employers from attempting to do so. Employees who have been told they are fired generally face a tedious legal battle for which they are ill-prepared (mentally, financially), or they fear they will become "unemployable" if they raise a legal stink. You could say its a legal situation which benefits labor, but a cultural and economic situation which favors management.

[ttokyo]

I've heard anecdotally that Japanese labor laws make it nearly impossible to fire people once you've hired them. Does anyone have any experience in hiring and firing in Japan, or know of any resources to get a feel for the labor environment?

We're looking to hire an intern in Japan and trying to figure out what we need to do to protect ourselves.

That is true for full-term employees, but for an intern, you should have no such problems. Keep in mind visa issues and the fact that the intern should not do the same work as a full employee.

[thefg]

I've heard anecdotally that Japanese labor laws make it nearly impossible to fire people once you've hired them. Does anyone have any experience in hiring and firing in Japan, or know of any resources to get a feel for the labor environment?

We're looking to hire an intern in Japan and trying to figure out what we need to do to protect ourselves.

the way its usually done (firing someone) is to treat them like crap, give them no work, the worst kind of work or work totally outside their field/abilities.


People dont get fired often - they usually quit.


The process can take years though. Recently had two people leave upon who the 'treatment' started 4 years ago.

[TJrandom]

the way its usually done ....

When done right... is to make the employee an offer they cannot refuse. So before treating them like crap - offer them an incentive to resign, such as a couple months pay, etc. If an employee fights - it will take a couple of months anyway - so it is better to part with cash (which would have been consumed anyway) and avoid the hassles of the fight. The company of course will win - but at some emotional expense.

Of course if they refuse the offer - then switching to neglect mode may encourage them.

[AW1]

We're looking to hire an intern in Japan and trying to figure out what we need to do to protect ourselves.

You do not hire an intern. You take on an intern and allow them to gain work experience at their own expense .

[KansaiBen]

We're looking to hire an intern in Japan and trying to figure out what we need to do to protect ourselves.

If interns are not being paid then they are not strictly speaking employees and not subject to the same laws as normal employees. They are essentially unpaid trainees and the laws governing their use and abuse is very lax.

An Intern can not refuse to quit or try to sue you if he is not providing paid labor for you. he can sue you if you are supposed to be training him but what he does instead is essentially unpaid free labor for you.

[jonathanb]

The OP needs to clarify whether this is a paid internship. If it's paid, the individual is considered an employee and labour laws apply. In that case you should do as Majestic said and hire only as a contract employee at the start.

If it's unpaid, then the individual is not considered an employee. But be aware that if the intern claims any injuries while working for you, your company will be liable, there would be no insurance coverage.