This series highlights actual problems relating to personnel management and finds solutions not described in laws, regulations or textbooks.
The theme of this part is “Foreign workers and the Rules of Employment.” Let’s start by looking at an issue facing a company.
A case of a company
An experienced social insurance and labor consultant provided this topic:
“My client sought support regarding rules for foreign employees. By using the Technical Intern Training system, this company employs many young workers from Asian countries and many of them live the company's dormitory. Recently the company has received complaints from neighborhood residents about noise at night or the way the workers throw out garbage. The company also has Japanese staff and foreign workers who are not technical interns. Some technical interns do not live in the dormitory. How should the company deal with the neighbors’ complaints?”
* The technical intern system is due to be abolished in 2027.
Sorting out of the problem
This issue should be considered from two aspects.
1. Difference in customs and culture
- In Japan, noise at night easily lead to complaints.
- Rules and manners regarding garbage collection or communal life are different from country to country.
- The difference could lead to trouble inadvertently.
2. Possible problems in creating separate rules for foreign workers
- Imposing separate rules could provoke criticism about discrimination.
- The rules may be considered as “unreasonable treatment by nationality” and lead to a legal issue.
The first point raises the question whether “the Rules of Employment” should contain matters relating to “difference of customs and culture.”
Social insurance and labor consultants’ comments and opinions
Various opinions were provided on this theme.
“The rules should be applied to ‘all employees who live in the dormitory,’ rather than ‘foreign employees.’”
“Since the problem arises from cultural differences, it is crucial to provide employee education and detailed explanation about relevant issues.”
“Guidebooks about life in Japan in their native languages will help avoid trouble.”
“Companies should cooperate with supervising organizations and establish a system to support workers’ life in Japan.”
They agreed the problem cannot be resolved only by creating rules, and that it is crucial to use a combination of multiple measures, covering lifestyle guidance, better communication and necessary frameworks.
Key points
- Common rules
The Rules of Employment should cover all employees.
- Dormitory rules and guide to life in Japan
Make specific rules on noise, garbage or neighborhood morals that can be easily understood in Japanese and native languages.
- Dormitory contract and pledge to complement
Sign contracts with all employees who use the dormitory to ensure the action will not be viewed as discrimination.
- Cooperation with agents
In the case of technical interns, supervising organizations can play an essential role in providing daily life guidance or coordination with the community. Companies should work with the agents, rather than trying to handle problems on their own.
◆Issues
There is a crucial issue that companies and social insurance and labor consultants tend to overlook.
To be continued.
