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by fogetti 2023 days ago
If you want to know, the same system happens in Japan too.

When you get the offer letter it's an outline only. Then you either accept the offer letter as it is, or walk away. Asking for the detailed contract (called 就業規則 in Japanese) will always end up losing your job offer, because you have no legal right to see the contract before you join the company.

Some companies are so hostile (and this is the norm in my experience), that even very valid questions along the line of "Do I get severance pay if I am forced to retire?" or "How do stock options work?" will end your job application process right there because you will get labeled as overzealous.

Also, Japanese law doesn't require to state in the contract the exact position that you are hired into. So you will often get hired with the job description: "engineering team member". Of course HR will tell you mealy-mouthed or mellifluously that you are a senior/principal engineer and/or a manager, but none of that will hold any legal water in a lawsuit since your contract doesn't say so.

If you ask me, Japan and the US, some of the largest economies of the world are constant labor right abusers and the UN and other nations simply turn their head when this ever gets brought up.

2 comments

I still remember the furore it caused when I asked for a copy of the 業務規則. (because the new overtime pay policy was paying ~$3/hr worked after 10pm and I wanted to see the section that covered that calculation)

I just wanted to read the actual language around hours worked and overtime because it was never stated what the policy was.

Turns out you couldn’t read it without a director sitting next to you, and it was in a binder that you weren’t allowed to touch.

My conversation with the CEO:

“Why would you need to read that?”

“Because my contract says ‘in accordance with the 業務規則’ and I’d like to know what my contract is”

“Well you can ask me a question and ill tell you if it’s in there”

Glad I got off that sinking ship.

I feel for you. I also had my fair share of labor rights abuse in Japan. My experience is that only foreigners are 'brave' enough to ever bring this up, which makes the whole situation even more miserable since you cannot expect any help from Japanese colleagues.
Like what?
That's funny. The law in Japan stipulates that a copy of the 業務規則 needs to be in a place easily accessible to employees.
This discussion doesn't revolve around how things should be but how it is in the real world.
Employees, but not future employees :(
Well, Japan also has this thing that a written contract isn't even needed to start employer-employee relationship, oral agreement is technically enough, difficult to prove of course so everyone does written contracts, but still.

Regarding details, well, there is a list of things mandated by law to be included in the offer, they include things like salary, hours, list of additional allowances (手当), though not necessarily all of them, retirement pay and such, so you should be able to receive that information without even asking. In my, albeit not very numerous, experiences in one case I've got something called 雇用契約書兼労働条件通知書 ("Employment Contract And Notice Of Working Conditions") , which included all the details, and in the other case I've got a separate 雇用契約書 (Employment contract), which included generic things like "you work for me, I pay you for that, don't go spreading company secrets around", and 労働契約書 (Labor contract), which included all the details like salary and whatnot. I should probably note, however, that I've only asked for and received these things after we were finished with all the interviews and reached a 内定 (the employer making an internal decision to hire the worker. It's nothing official, just a word to describe the state of the person(s) responsible being okay with the idea). I just politely asked for documents to review before I make my final decision, and while I've never received 授業規則 even after asking, they happily obliged with contracts and documents related to how the company decides on employee's salaries. I think there's a lot more resistance to bother with contracts and whatnot when they don't know if you're willing to work with them in principle or not.

As for "how stock options work", well, while it's probably nice on the side of employer to entertain such a question and while it's probably reasonable to give an answer along the lines of "erm, these are stock options of this and that type, these additional conditions apply, google please?", ending the job application process right there is probably overreacting.

I also feel it's important to note that 就業規則 is not really "a detailed contract", because it's not a contract, it's more of a "Labor rules" for the company, so it does count as an internal document and not for outsiders' eyes. Obviously, the rules must conform to the law and as someone has already noted they must be easily accessible to workers, which was always the case for me. In fact I have always received a hard copy of these on my first day.