5. Employment Regulations for
Fixed-Term Temporary Employees

Employment Regulation for Fixed-Term Temporary Employees(Purpose)
Article 1

This defines the regulations and employment conditions of fixed-term
temporary employees (hereinafter referred to as temporary employees) of
ISA Co., Ltd. (hereinafter referred to as a company).

2

As for temporary employees, in addition to stipulated in individual
contract, this employment regulation is applied.

3

What is not stipulated in this employment regulation shall be pursuant to
the Labor Standards Act and other laws.

(Definition of Temporary Employee)
Article 2
In this employment regulation, a temporary employee is an employee
employed by a company for a fixed period of time, and works under thecommand order at the dispatch destination by the direction of a company.

(Employment of Temporary Employee）
Article 3
When employing a temporary employee, a company clearly specifies thathe/she will be employed as a temporary employee, and the document whichclearly specifies working conditions (a clear letter of the terms of
employment) will be issued to him/her. At the same time, employment
contract which individually specifies working conditions shall beconcluded.

(Period of Employment）
Article 4
The period of employment of a temporary employee shall be within a periodof not exceeding one year and shall be determined individually.
2

Employment period set forth in the preceding paragraph may be renewed.

(Probation Period）
Article 5
When signing an employment contract with a temporary employee according
to the preceding article, a company may set a probation period in
accordance with the employment period.
2

In the case that the probation period described in the preceding paragraphis set, a company may immediately terminate the employment contract if thecompany determines that the temporary employee is disqualified during theprobation period.

(Dismissal during the Probation Period)－ １ －Article 6

When a probation period is set, if an employee falls under any of following
items, he/she will be dismissed even if it is in the middle of the period.

（1）

When repeating absence, lateness, early leaving without a justifiablereason（2）

When a company determines that a temporary employee has problems especiallyin the work attitude, approach to work, adequacy, etc. at a dispatch
destination and at a company and that he/she is not competent as a temporary
employee（3）

When falling under the reasons for disciplinary dismissal stipulated in
Article 34 or the reasons for dismissal stipulated in Article 37

2.

When a company dismisses a temporary employee pursuant to the provisionof the preceding paragraph, the company will give at least 30 days priorwarning or pay a dismissal warning allowance of at least 30 days of average
wage. The number of days for dismissal warning will be shortened by the
number of days the average wage is paid for. Provided, however, that thisshall not apply to the case of dismissal certified by the Chief of local
Labor Standards Office, and in the case of dismissal of temporary employees
during probation period (except those who have been continuously employed
after 14 days passed).

(Documents to Be Submitted)
Article 7
A temporary employee who has concluded an employment contract must submit
the following documents within one week after the conclusion of theemployment contract.
（1）

Basic Pension Number Notice (Pension Handbook)（2）

Personal Number Card, Notification Card or a copy of Residence Certificate
on which a personal number is written or a Certificate of Items Stated in
Residence Certificate. (In case of presenting Personal Number Card or
Notification Card, it must be the original. In case of mailing those
document, a copy is accepted.）（3）

Other documents required by the company(Move to Indefinite-Term Temporary Employees)
Article 8
Among temporary employees employed under fixed-term employment contracts,
those with a total contract term of more than continuous 5 years may movetheir contract from fixed-term employment contract to the indefinite-term
employment contract from the day after the last day of current contract,
by applying in a separately defined format.
2．

Apart from the preceding paragraph, among temporary employees under
fixed-term employment contract, those with a total contract term exceeding－ ２ －one year may be moved to employment under indefinite-term labor contract
if the temporary employees agree, at the discretion of a company.
3．

The total term of the contract period set forth in paragraph 1 of this
Article shall be the total of the contract period of the fixed-term
employment contract that started or renewed on or after April 1, year of
Heisei 25 (2013). As for the currently concluded fixed-term employment
contract, the period shall be up to the last day. Provided, however, that
if there is a period (cooling period) in which the employment contract
stipulated in this Employment Regulation has not been concluded, theprevious contract period shall not be included in the total period of thecontract.

(Instruction of Dispatch)
Article 9
When giving a temporary employee an instruction of dispatch, a company
determines the dispatch destination and duties according to thecapabilities of the temporary employee.
2.

The company issues a clear letter of the terms of employment to a temporary
employee and instructs the dispatch.

(Service)
Article 10

Indefinite-term temporary employee must work in accordance with thisEmployment Regulations, Employment Contract, and working conditions
described on a clear letter of the terms of employment.

2.

Temporary employee must work in accordance with the instruction from thedispatch destination.

3.

Temporary employee must comply with the following matters regarding
temporary employment.
（1）

Temporary employee must comply with precautions for maintaining discipline
and using facilities at the work place（2）

Temporary employee must not divulge the secrets that he/she has acquiredin business（3）

In case of absence, lateness or early leaving, temporary employee must
request permission from both a dispatch destination and a company inadvance. If he/she could not report in advance, immediately clarify thereason why and report to both a dispatch destination and the company.

(Rules at Work)
Article 11
Temporary employee must observe the following items when working.
（1）

Start working immediately at starting time, and work until ending time.
－ ３ －

（2）

Make clear your whereabouts to the head of your office when you have tobe away from your workplace for business reason.

（3）

Do not be away from your workplace for private reasons. If you have to beaway from your workplace for unavoidable reasons, obtain permission fromthe head of your office in advance.

（4）

Always keep your work organized so that the work can be acted by others
in case of your absence.

（5）

If you have a private visit, it must be held during break time at the placedesignated by a dispatch destination.

（6）

Do not smoke outside the smoking area.

（7）

Do not go into places where the company prohibits entry.

（8）

Do not engage in acts that fall under sexual harassment or maternity
harassment, whether inside or outside the workplace, during work hours.

（9）

In the work place, do not engage in power harassment act that exacerbates
the health and work environment of other temporary employees by behaviors
and demands that ignore the personalities of other temporary employees,
beyond the appropriate range of business by using your authority.

（10） Do not engage in harassment related to Childcare Leave or Family Care Leave
during work hours, whether inside or outside the workplace.

(Intellectual Property Rights)
Article 12
When a temporary employee invents, discovers, improves, or devises
regarding the work of the dispatch destination, the right of intellectual
property concerning it belongs to the dispatch destination.

(Starting Time/Ending Time etc.)
Article 13
The starting/ending time and breaks shall be determined for each temporary
employee and clearly stated.
2．

As for the starting/ending time, working hours excluding break time might
be moved up or moved down within a range that does not exceed 8 hours aday, 40 hours a week.

3.

Working hours might be changed when necessary for business. In this case,as a general rule, the details shall be notified to the temporary employee
by the day before.

4.

The company might require temporary employee to change the place of workor the duty to be engaged due to business reasons. Temporary employee may－ ４ －not refuse the change without a justifiable reason.
5.

With regards to a temporary employee whose labor contract is still in placeat the end of the Worker Dispatching Contract, a company shall make efforts
to dispatch him/her to another dispatch destination promptly, and if it
is unable to secure new employment opportunity for him/her, a company shallgive them a Leave of Absence etc. and make efforts to maintain employmentof the temporary employee.

6.

At least 45 minutes break time for actual work hours that exceed 6 hours
and at least 60 minutes break time for work hours that exceed 8 hours will
be given during work hours.

(Variable Working Hour System on Monthly Basis)
Article 14
Pursuant to Article 32-2 of the Labor Standards Act, a company might
require temporary employees to work by variable working hours system onmonthly basis if necessary due to the working conditions or otherconditions of the dispatch destination.
2.

If variable working hour system is adopted in accordance with theprovisions of the preceding Article, the provision concerning the limits
of working hours for a week and for a day set forth in Paragraph 2 of Article
13 is not applied during that period.

3.

The starting day of the variable working hours system is the 1st day ofeach month. However, in case the dispatch destination adopts variable
working system, if the starting date is different from that of the dispatch
destination, it shall conform to the starting date of the dispatch
destination.

4.

Working hours, starting/ending hours in a specific week or day will be
determined individually considering the working patterns of the dispatch
destination.

(Variable Working Hour System within One Year)
Article 15
Pursuant to Article 32-4 of Labor Standards Act, a company might adopt
the variable working hour system by the unit of the period stipulated in
the Labor-Management Agreement (within one year) if necessary due to theworking conditions or other conditions of the dispatch destination.
2.

When adopting the variable working hour system specified in the preceding
paragraph, the scope of covered temporary employees, the covered period,
the working days during that period, the working hours on each working
day, starting / ending time shall be determined according to thelabor-management agreement, and also other matters stipulated by laws
shall be determined.

3.

In case the variable working hour system is adopted pursuant to the－ ５ －provisions of paragraph 1 of this article, the provision concerning thelimits of working hours for a week and for a day set forth in Paragraph
2 of Article 13 is not applied during that period.

(Holiday/Substitute Holiday)
Article 16
Holidays shall be given more than a day per week or four days per fourweeks, and shall be specified in the employment contract and a clear letterof the terms of employment in advance.
2.

A company might shift the holiday set forth in the preceding paragraphto another day for business reasons. In case of shifting holiday, a company
notifies the temporary employee the substitute day at least by the previous
day.

(Overtime and Working on Non-Working Days)
Article 17
Due to the unavoidable circumstances of the dispatch destination, acompany might have temporary employees work overtime and also work on
non-working days, within the scope described in the agreement between thecompany and the employee representative and a clear letter of the termsof employment.
2.

Overtime work and work on non-working days will be directed by thecommander of the dispatch destination.

(Report on Working Day and Working Hours)
Article 18
Temporary employees fill the working days and working hours in theprescribed form and submit it to a company and the dispatch destinationby each determined date.

(Annual Paid Leave)
Article 19
If a temporary employee works continuously for six months starting fromthe day of hiring and works for more than 80% of the prescribed working
days, annual paid leave as provided for in the Labor Standards Act will
be granted.
PrescribedWorking
Days per
week
５days
４days
３days
２days
１day

PrescribedWorking Days per
year(1)217days
andover(2)16～216 days(3)121～168 days
(4)73～120 days
(5)48～72 days

0.5

1.5

Length of Service (year)
2.5
3.5
4.5
5.5

10

11

12

14

16

18

20

7
5
3
1

8
6
4
2

9
6
4
2

10
8
5
2

12
9
6
3

13
10
6
3

15
11
7
3

－ ６ －

6.5 years
and over2.

Regardless of the number of working days of a year, (1) in the above tableapplies to the temporary employees whose average prescribed working hours
per week are 30 hours or more.

3.

The effective period of annual paid leave is two years from the date of
grant.

4.

If a temporary employee intends to take annual paid leave, he/she willreport to the dispatch destination and a company in advance.

5.

The company gives annual paid leave on the requested date. However, if
it interferes with the normal operation of the company’s business, therequested date might be changed to another date.

6.

For a temporary employee who has been given annual paid leave of more than
10 days, a company shall let him/her take at least 5 days of paid annual
leave within a year from the granted date upon his/her request. However,that in the case of a temporary employee having taken annual paid leavepursuant to the provision of the preceding Item, the number of days
obtained shall be deducted from 5 days.

7.

Annual paid leave is in units of one day or half a day.
The annual paid leave of half a day can be claimed up to 20 times (10 days)of the leave granted in the current year.
The boundary of half-day unit is based on the lunch break.

(Maternity Health Care Leave)
Article 20
If a temporary employee is pregnant or one year has not passed afterchildbirth, the temporary employee may apply for the leave pursuant to
the Equal Employment Opportunity Act. The period and hours the temporary
employee do not work shall be unpaid.

(Special Leave)
Article 21
If a temporary worker falls under any of the following items, a special
leave for the days as follows may be requested.
(1) You are ordered to move and need to change your address(2) You are married(3) Spouse gives birth(4) Spouse dies(5) The child of the person himself dies
(6) The child of the person himself dies at birth(7) Your parents or your adopted parents dies
(8) The spouse's parents or adoptive parents die(9) Your grandparents, siblings and sisters die－ ７ －2 days
5 days2 days
5 days
5 days3 days
5 days2 days2 days2.

When a female employee gives birth, maternity leave is given as follows.
(1)

The period requested by the female employee who is due to give birth within
6 weeks (14 weeks for multiple pregnancy)(2)

8 weeks after childbirth (However, if 6 weeks have passed and the employee
wishes, it does not prevent her from getting the work approved by thedoctor)3.

Period required for menstruation when requested by a female employee
who is extremely difficult to work on a menstrual day.

4.

If a temporary employee falls under any of the following items, a special leave
for Citizen Judge will be granted upon request.

5.

6.

7.

（1）

When notified as a citizen judge candidate and appear in the court（2）

When appointed as a citizen judge and participate in a trial hearing

Temporary employee who raises a pre-school child may take leave to care for sickor injured child up to 5 days a year (10 days for two or more pre-school children).
In this case, the 1 year period shall be from April 1 to March 31 of the following
year. However, request from following temporary employee may be rejected. The
sick/injured childcare leave can be obtained on a half-day basis.
（1）

Temporary employee of less than 6 months since hired（2）

Temporary employee with a prescribed working day of less than 2 days per
week

A temporary employee who cares for a family member in need of nursing careor other care, in addition to the annual paid leave prescribed in the employment
regulations, may have 5 days leave per year, or 10 days at maximum if cares two
or more family members. In this case, 1 year period shall be from April 1 to March
31 of the following year. However, request from following temporary employee may
be rejected. The care leave can be obtained on a half-day basis.
（1）

Temporary employees less than 6 months since hired（2）

Temporary employees with a prescribed working day of less than 2 days per
week

Those who requesting special holidays must obtain the approval of the company
in advance according to predetermined procedures. The number of special holiday
days is determined by the company within the rules.
－ ８ －

8.

The period for special leave described in section 1 is paid, but the period
for special leave described in from section 2 to 6 of this Article shall be unpaid.

(Childcare Leave)
Article 22
When a temporary employee raising a child who is less than one (1) year
old requests, the Childcare Leave shall be permitted up to the day thechild reaches one (1) year old. (up to two (2) years old in case of special
circumstances.)
2.

Matters concerning childcare Leave shall be governed by the regulations
concerning childcare and family care leave, etc. prescribed separately.

(Family Care Leave)
Article 23
Among the temporary employee, those who need can apply and take familycare leave, or work short time for family care.
2.

A certain range of temporary employees who care for their families canrequest the company that they do not work midnight from 10 pm till 5 am.
However, this shall not be the case when it interferes with the normal
operation of the business.

3.

Necessary matters such as procedures for the employees to take family careleave, to apply restriction on midnight work for family care, and to work
short time for family care, etc. are governed by the regulation concerning
childcare and family care leave which is separately provided.

(Leave of Absence)
Article 24
Temporary employee shall be put on leave of absence if he/she falls under
any of the following items. Provided, however, that the provisions of this
Article shall not apply to the employee who is in the period of theemployment contract concluded for the first time.

2.

(1)

When it is recognized that absence due to non-occupational illness willcontinue (About one month or more basically) to affect daily work
regardless of whether it is continuous or intermittent(2)When manpower supply is incomplete due to mental or physical illness(3)

When a company deems the leave of absence of the employee is appropriate
due to business needs or special circumstances
The period of leave of absence set forth in paragraph 1 of this Article
shall 1 month starting from the day designated by a company.
However, if the expiration date of the employment contract comes earlier
than the expiration date of the leave period, the expiration date of the－ ９ －employment contract is the expiration date of the leave period.
3.

In deciding the necessity of the leave of absence set forth in paragraph
1 of this Article, a company requires the temporary employee to submit
a medical certificate of the attending doctor or a medical certificate
of a designated company doctor.

4.

When the Contract Employees is unable to return to work after the periodof leave of absence expires, in principle, the employee is naturally
expected to retire on the expiration date of the period of leave of absence.
If an employee takes leave of absence again,within 6 months, due to thesame reason for the leave of absence or similar reasons after returning
to work, the leave of absence period will be added up.

5.

If there is any other social insurance premium, resident tax, to be borneby the temporary staff during the leave period, the company shall issue
an invoice and the temporary staff shall pay the company by the method
indicated on the invoice or by due date.

(Reinstatement)
Article 25
If the cause of leave of absence disappears during the period of leaveof absence, as a general rule, the temporary employee will be reinstatedto its original duty. However, the reinstatement of the employee on leaveof absence who falls under Item 1 and 2 of Paragraph 1 of preceding Article
will be limited to those submitted a certificate of recovery (a medical
certificate) of the attending doctor and approved by a company. In theevent that the company requests the doctor to have an interview upon
submission of the medical certificate by the temporary employee, this
employee must cooperate with it. Even if the medical certificate of theattending doctor is submitted, a company might order the employee to see
an industrial doctor designated by a company or a doctor designated by
the company.
2.

As for reinstatement, assignment to the original duty is the general rule,
but if it is difficult or inappropriate to reinstate the employee to theoriginal duty, the employee might be assigned to the other duty and wage
might be reduced in line with the duty.

(Social Insurance and Employment Insurance)
Article 26
A company enrolls indefinite-term temporary employees, who meet therequirements for joining of social insurance, as the insured of social
insurance.
2.

The insured status will be lost from the day after retirement due to the
expiration of the dispatch contract, the day after the retirement due topersonal reasons (employment insurance will be lost on the day), and on
the day when it is recognized as temporary employment that does not meetthe requirements (Employment insurance will be lost the day before).

－ １０ －

(Wage)Article 27

The wage of temporary employee and extra wage for overtime of temporary
employee are decided considering all the facts concerning abilities toperform its duty, details of the duty, wage level at the dispatch
destination, wage level of general workers, employment conditions at therecruitment etc. and concretely based on the labor contract.

(Training, etc.)
Article 28
Temporary employees must work on the development of abilities required
to carry out their duties, and strive for self-development.
2．

A company provides temporary employees with necessary educational
training in order to improve the knowledge, skills, and qualities required
for their work.

3.

If a company instructs temporary employees to take educational training,they must receive the instructed educational training unless there areparticular reasons.

4.

When a company orders temporary employees to participate in educational
training related to career development, the tuition fee shall be free ofcharge, and the time spent for the educational training shall be treatedas working hours and equivalent wage will be paid.

(Wage for Temporary Suspension of Work)
Article 29
A company shall pay an allowance under Article 26 of the Labor Standards
Act if a temporary employee is suspended from work due to reasons thatshould be attributed to the company.

(Bonuses)
Article 30

As a general rule, bonuses will not be paid to temporary employees except
as provided for in the Labor Contract.

(Health and Safety)
Article 31
A company checks the safety and health measures of the dispatch destination,and takes the necessary measures to prevent disasters and to ensure healthof temporary employees.
2．

Temporary employees must comply with the health and safety measures
implemented by a company and the dispatch destination.

(Medical Checkup)
Article 32
A company shall conduct regular medical checkup at least once a year for
temporary employees who are engaged constantly. However, for those－ １１ －

constantly engaged in late-night work, it shall be implemented once every
six months pursuant to the provisions of the Industrial Safety and HealthAct.
2.

The results of the medical checkup shall be notified to each temporary
employee and recorded in the individual results table.

3.

A company might take measures such as shortening working hours, changing
duties, issuing leave of absence or other measures if it finds it necessary
for the health of the temporary employee as a result of medical checkup.

4.

Temporary employee must undergo medical checkup conducted by a company,
cooperate with other measures as well as paying attention to his/her own
daily health management, and make efforts for health maintenance.

(Accident Compensation, etc.)
Article 33
Temporary employees may receive compensation under the Labor Standards
Act, Workers’ Accident Compensation Insurance Act., etc. in the eventof injury or illness due to a business accident or commuting accident.
2．

If a temporary employee intends to receive compensation etc. prescribedin the preceding paragraph, he/she will request to a company.

(Disciplinary Action, etc.)
Article 34
A company may give punishment of warning, suspension from work,
disciplinary dismissal or reduction of wage when the temporary employee
falls under any of the following items.
（1）

When there are many cases of lateness, early leaving, escaping from work
and/or absence from work for no justifiable reason（2）

When divulged a serious secret of a company or dispatch destination that
was acquired in business（3）

When damage was caused to a company or dispatch destination by anintentional act or the gross negligence（4）

When violated company rules or instruction of dispatch destination（5）

When misrepresented personal history such as the name, age, career,
educational background, rewards and punishments etc.

（6）

When disturbed order or morals at dispatch destination（7）

When engaged in an unworthy act as a temporary employee of a company, suchas performing violence against others, whether inside or outside thecompany－ １２ －

（8）(Retirement)
Article 35

When performed any other unfavorable act equivalent to each item

Temporary employee will retire from a company if falling under any of thefollowing items.

（1）

When the employment period terminates, and the contract is not renewed（2）

When the temporary employee asked for retirement and the company approved,or when 30 days have passed since the day the temporary employee asked for
retirement.

（3）

When there is no contact to the company, and 14 days have passed, and thecompany does not know whereabouts of the temporary employee（4）

The last day of labor contract renewal for temporary employees shall be
the last day of the month when they reach the age of 65.

(Retirement Allowance)
Article 36
Retirement Allowance will not be provided to temporary employees.

(Dismissal)
Article 37

2.

If a temporary employee falls under any of the following items, he/shewill be dismissed.

（1）

When work performance of a temporary employee is poor or he/she violates
the employment regulations, and there is no room for improvement（2）

When a temporary employee is deemed impossible to carry out the duty due
to physical and mental disorders (except the case of occupational accident)（3）

When there is an unavoidable reason by the abolition or reduction ofbusiness（4）

When a temporary employee refused to be dispatched to the other dispatch
destination without reasonable reasons, despite that a company introduced
him/her a new dispatch destination due to the termination of thedispatching contract with the previous dispatch destination.

（5）

When a temporary employee violates employment regulations
Employment contract period of temporary employee is stipulated inindividual employment contract, and temporary employee whose employment－ １３ －

contract is still in existence at the end of the worker dispatch contract
will not be dismissed for the reason solely because of the terminationof the worker dispatch contract.

(Dismissal Warning)
Article 38
A company may dismiss a temporary employee under the preceding Article,
by warning more than 30 days in advance or by paying an average wage for
30 days.
2.

(Settlement)
Article 39

The days for warning can be reduced if the average wage per day is paid
to the temporary employee, by the number of days the average wage is paid
for.

When a temporary employee intends to resign from a company (including
disciplinary dismissal or dismissal), he/she must promptly return goods
which were provided by a company and settle the debts toward company.

(Liability for Damages)
Article 40
If a temporary employee causes damage to the company by an intentional
act or negligence, he/she must compensate for the damage. (The percentage
is determined by the company each time.)

Supplementary ProvisionThis rule takes effect on July 1, 2017.
This rule takes effect on October 1, 2017.
This rule takes effect on January 1, 2018.
This rule takes effect on June 1, 2018.
This rule takes effect on July 1, 2019.
This rule takes effect on April 1,2020.
This rule takes effect on May 1,2021.
This rule takes effect on October 1,2022.

－ １４ －