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Check List for Foreign Domestic Workers in Japan

on Jun 06, 2016 (938 reads)

 This is the check list to make sure the foreign domestic workers’ contract, rights, and protection in Japan National Strategic Special Zones(NSSZ).
 First of all, please remind the below three facts about the current situation of domestic workers in Japan.

1. Japan has not ratified ILO-C189 - Domestic Workers Convention yet.
2. Japanese Labor Standards Act, Minimum Wages Act, and Industrial Safety and Health Act(here in after referred to as Labor Standards Acts) do not apply to any domestic workers who are employed directly. (the case of direct hire)
3. However, domestic workers in NSSZ are employed by housekeeping service agents(or Specified organizations in this law), and Labor Standards Acts apply to them. Housekeeping service which workers conduct in the household are the items ONLY which are stated in the contract between household and agent.

Please check your contract whether your agent makes it in accordance with the Act on National Strategic Special Zones or not.
1.Before arriving in Japan
□ You are at least 18 years old and have at least one year experience of work for housekeeping services or assistance service.
□ You have competence in the Japanese language ‘N4 level’ for engaging in activities to provide housekeeping services.
□ Housekeeping service agent has at least three years’ performance of an agency business to provide housekeeping services or assistance therefor in Japan.
□ Ask your agent in the Philippines to clarify the training fee for Japanese language and housekeeping service.
   ⇒ 【Caution!!】Avoid the excessive expense on your side and the unnecessary salary deduction as well. These trainings have no relation with Japanese housekeeping agent.
□ The agent has to explain to you about your employment contract in details and hand it to you before arriving in Japan.
□ You have two employment contracts; one in your mother tongue or English and the other in Japanese.
□ Confirm whether you have to pay your own travel expenses or the agent pays.

2. After arriving in Japan
□ Domestic works and assistance in NSSZ are cooking, washing, cleaning, shopping, and other domestic duties in general, and daily life care and necessary protection of children provided together with the above. They do not include any physical care.
□ User of households’ services cannot directly order you to do certain domestic works, because the contract is between the household and the agent.
   ⇒Direct order in contract works is AGAINST this law because that allows ONLY in the Act of employment of dispatched workers.
□ Receive pay slip. Your payments should be equal to Japanese (ref. minimum wage/hour 905 Yen at Kanagawa and 858 Yen at Osaka).
   ⇒ You can ask questions and consult to Third Party Management Council.
□ Make sure if there is any unnecessary salary deduction, such as for training fee, travel expenses, and etc.
If so, you require the explanations to the agent about it.
□ You have regular day off at least once a week or four days a month.
□ The agent provides your housing and the fee is reasonable.
□ You know TROUBLE CONSULTATION WINDOW for occupational accidents and trouble with your employer (agent).
□ You can make the new contract with another agent if it is impossible to keep employment contract for the present agent’s reasons.


Please refer the Acts as below:
●Act on National Strategic Special Zones (Act No. 107 of December 13, 2013)
●Utilization of Foreigners Conducting Housekeeping Services
★Order for Enforcement of the Act on National Strategic Special Zones (Cabinet Order No. 99 of March 28, 2014)
●Guidelines on Specified Organizations for Project to Accept Foreigners Conducting Housekeeping Services in National Strategic Special Zones
●Interpretation Pertaining to the “Project to Accept Foreigners Conducting Housekeeping Services in National Strategic Special Zones” Prescribed in Article 16-3 of the Act on National Strategic Special Zones

You can also contact to these NGOs for seeking the assistance and/or consultation.
●Asia-Japan Women’s Resource Center(AJWRC)
http://www.ajwrc.org/eng/
TEL:03-3780-5245 FAX:03-3463-9752 E-mail:ajwrc@ajwrc.org
●Solidarity Network with Migrants Japan(SMJ)
http://migrants.jp/ http://migrants.jp/activities?lang=en
Tel 03-3837-2316 Fax 03-3837-2317 smj@migrants.jp


To download the check list, here.

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