Problems relating to Trade and Investment on EU
16. Employment |
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Issue |
Issue details |
Requests |
Reference |
| (1) Stay and Work Permit | - There is no uniformity in individual authorities in EU among the member states as to the period of authorized stay and work permit (at Bureau of Foreign citizens, Labour Bureau, etc.). For example, working conditions of expatriates from Japan from the same company differ in U.K., France and Germany. Such differences make it difficult to nail down the staff deployment schedule. - Acquisition procedures for work permit and visa are complex and time consuming in many cases. Moreover, their implementation is nebulous as it differs in each case. - Acquisition / renewal procedures for expatriates' work permits and visas are complex and time consuming in many cases. Moreover, their implementation is nebulous as it differs in each case. It is the same with acquisition or renewal of visas for accompanying family members. - Personnel transfer within the EU Member States at times disrupts business. On occasions, it takes abnormally longtime for visa acquisition. - Within the EU member states, substantial procedural differences exist in acquisition of work / stay permits. They are quite complex. It takes much time for acquisition of permit on an expatriate's intra member states move (from Belgium to France, for example). It frustrates business as inter member state move before issuance of a pending stay permit is prohibited. |
- It is requested that EU expedites, streamlines and makes clear the procedures for acquisition of work permits and visas. - It is requested that EU streamlines and expedites the visa acquisition procedures. - It is requested that EU expedites the visa acquisition procedures. - It is requested that EU harmonises the procedures for expatriates' move within the EU member states. |
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| (2) Operational Differences Over the Stay Period concerning the Schengen Agreement | - The Stay Period of Japanese nationals in the countries acceding to the Schengen Agreement is 90-days in aggregate of past half a year. However, the Applicant must be aware that the Aggregation Method differs from country to country. - In the EU, some Member States have not yet acceded to the Schengen Agreement. - The notion of the "Authorised Stay Period" has characteristics of the Greatest Common Divisor, which means the implementation details differ in each Member State, requiring individual confirmation each time. |
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| (3) Discordance in Social Security System | - Personnel movement within EU takes complex and expensive procedures, as treatments differ between the Member States before and after the move in regard to application of Social Security, and Tax Base. - During the processing of Withdrawal / Special Subscription for Employees' Pension Plan in Japan after the Termination of Coverage Under Social Security Agreement, the Subscription / Withdrawal Number become necessary within one-month of the Expatriate's return to Japan. However, the inability to timely obtain these numbers inconveniences completion of the formalities in Japan. |
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| (4) Double Payment of Social Security Cost | - EU Member States compel Japanese expatriate's payment of subscription fees to Social Security Insurance (SSI), on top of such payment in Japan, doubling the cost to enterprises for SSI. | - It is requested that EU and GOJ ratify the Social Security Treaty as soon as possible. | - Social Security Insurance System |
| (5) Overprotection of Workers | - In addition to normal Paid Leave, Sickness Leave is also allowable. In Japanese affiliated factories, it is a common knowledge among workers that Sickness Leave is one of the labour entitlements. It has become customary in EU to take Sickness Leave to the maximum extent allowable under the law, downgrading the labour productivity. - With presentation of Medical Certificate, workers are entitled to Sickness Leave almost indefinitely, to which employers must pay wages for one month. |
- It is requested that EU makes a drastic review of the Sickness Leave System. - It is requested that EU reviews the legislation relative to sickness leave. |
- Labour Act |
| (6) Trade Unions | - Trade Unions may be freely organised with minimum 10-Members, while Union Executives are completely free from dismissal for 5-years, and may abandon the routine work totally for the purpose of performing the Union Activity. | - It is requested that EU reviews the legislation relative to Trade Unions. | - Labour Law XXI Article 94 |
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