Employment Agreement (Sample)
Employment Agreement (Sample)
Employment Agreement (Sample)
This EMPLOYMENT AGREEMENT is made and entered into by and between XYZ
Corporation (hereinafter referred to as "XYZ") and ABC (hereinafter referred to as "ABC").
XYZ shall employ ABC subject to the terms of employment set forth in this Agreement, and
ABC shall follow XYZ's rules, command and orders, and work in good faith.
Matters herein not contained shall be pursuant to the provisions of the Labor Standards Act and
other relevant laws and regulations.
(Term of Agreement)
Article 1: XYZ shall employ ABC without a fixed term starting on XX, XXXX. Provided,
however, that the trial period shall be for the period of six (6) months after joining
the corporation.
(Workplace)
Article 2: The workplace in which ABC works shall be XYZ's office in Tokyo, provided that
there are possibilities of making domestic and overseas business trips. A workplace
shall be changed at XYZ's discretion in some cases.
(Work to be pursued)
Article 3: Work to be pursued by ABC shall be sales work, provided that ABC's work shall be
possibly changed at XYZ's discretion.
(Holidays)
Article 5: Holidays for ABC shall be as follows: Provided that a holiday shall be possibly
transferred to another day for business reasons.
(1) Saturdays, Sundays
(2) National holidays in Japan
(3) Year-end and New Year holidays (commencing on December 30 and ending on January 3
next year)
1
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Laws & Regulations on Setting Up Business in Japan
Employment Agreement (sample) 4-3b
(Leave of Absence)
Article 6: Annual paid leave shall be offered according to the elapsed period since ABC's
joining of the corporation as follows:
Length Six One year Two Three Four Five Not less
of months and six years years and years and years and than six
service months and six six months six six years and
months months months six months
Number Ten Eleven Twelve Fourteen Sixteen Eighteen Twenty
of days days days days days days days days
offered
2. The right to annual paid leave offered shall lapse by prescription when two years have
elapsed.
(Wages)
Article 7: The base salary for ABC shall be Three Hundred Thousand Yen (¥300,000) a month.
2. A commutation allowance equivalent to the actual expenses shall be provided.
3. The extra wage rate shall be as follows:
Working outside legal working hours: Twenty-five percent (25%) Working on legal
holidays: Thirty-five percent (35%) Night duty: Twenty-five percent (25%)
4. The closing day for the payroll shall be the last day every month.
5. The payday shall be the twenty-fifth (25th) of the said month. Provided that, if the
twenty-fifth (25th) falls on a holiday, the payday shall be on a business day just before
such day.
6. With regard to the payment of wages, the amount after the legal deduction of taxes, social
insurance premiums, etc. shall be paid
7. Payment of wages shall be made by transferring into the savings account under the name
of ABC designated by ABC with ABC's consent.
8. XYZ shall, at XYZ's discretion, offer a bonus in consideration of XYZ's performance and
ABC's results etc. in some cases, provided that the payment of a bonus shall be on
condition that ABC is employed on the date of payment thereof.
9. There shall not be a retirement benefit system.
2
JETRO Investing in Japan
Laws & Regulations on Setting Up Business in Japan
Employment Agreement (sample) 4-3b
(Other)
Article 9: ABC shall be enrolled in social insurance (health insurance and employees' pension
insurance) and employment insurance.
(Governing Law)
Article 10: This Agreement shall be governed by the laws of Japan.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed
and signed by XYZ and ABC in duplicate, each party retaining one (1) original thereof,
respectively.
(ABC): ABC
X-X-X, XX cho, XX City, XX Prefecture
By:
Name: XXX XXX
Title:
Notes:
1. Specific statements concerning respective matters shall not be required if applicable parts of
the rules of employment are expressly indicated before issuance.
2. With relation to Article 1, if this Agreement is with a fixed term, whether or not this
Agreement is to be renewed shall be expressly specified. If the possibility of renewal is
expressly specified, judgment criteria therefor shall be explicitly specified.
3. With relation to Paragraph 3 of Article 7, if the worker concerned falls under a person in a
supervisory or a managerial position etc. as stipulated in Article 41 of the Labor Standards
Act, extra wages for working outside legal working hours and working on legal holidays
shall not be required.