Frequently asked questions about the “indefinite work term conversion rule “

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Are you familiar with the “indefinite work term conversion rule” (muki tenkan rule – 無期転換ルール)? Click here for more information!

Q1: Is a worker automatically converted to an indefinite employment contract after a total of five years?

A1: According to the law, an indefinite-term employment contract is formed when a worker whose contract has been in force for more than five years makes a “request”. Therefore, the worker himself must make the “request” in order to convert to an indefinite term employment contract.

Q2: Does the worker need to make the request in writing to convert to an indefinite term?

R2: If a worker applies to the company for an indefinite employment contract after the right to apply for indefinite conversion has been granted, an indefinite employment contract will be concluded (the company cannot refuse the application). Although the request can be made orally and is legally valid, it is advisable to make the request in writing to avoid later problems.

Q3: I applied for an indefinite term conversion, but the company told me that it “doesn’t allow permanent job changes”. Am I not allowed to change my indefinite contract?

A3: If a worker on a fixed-term contract with a total contract period of more than five years requests a change to an indefinite employment term before the expiry date of the current fixed-term contract, the employer (company) is deemed to have accepted the request and, at the time of the request, a permanent contract with a start date on the day following the day on which the fixed-term employment contract at the time of the request expires comes into effect.(Article 18, Paragraph 1, of the Employment Contract Act).

Therefore, the company cannot refuse to convert the contract into an open-ended contract.

Frequently asked questions about the indefinite change of employment rule (prepared by the Ministry of Health, Labor and Welfare in Japanese).
Information

Mie Labor Office (Mie Roudou-kyoku) 059-226-2110 [in Japanese only].

Consultation Center for Foreign Residents in Mie (MieCo) 080-3300-8077

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