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Employment and Contract

■A company and a contract between therapists
In the relaxation industry, I start from the place that concludes a contract between therapists (the surgical operation person in charge) with a company, but I am big, and it is classified in an employment agreement and duties trust contract. It will be necessary for both a manager and the staff to understand this as basic knowledge. The chronic lack situation has the therapist of the Thai ancient rite massage, and, as for the security of the talented person, it is in particular it with a serious problem for a manager.

■About an employment agreement
I call that I employ a person for payment to let you work the employment. With civil law Article 623, the employment reduces that one side of the person concerned obeys the labor for an opponent to its lowest terms, and it is prescribed by reducing that an opponent pays a reward for the labor to its lowest terms when it is a contract to produce effect. I call the employment agreement without the fate of the period "a regular staff" in the labor custom and generally it is good and is seen, but the employment agreement is finished from the offer in two weeks unless the person concerned can offer the cancellation of a contract judging from the principle of the civil law anytime and appoints a special fixed date. Paradoxically an intention expression two weeks ago is necessary even if I arrive when I offered resignation from the user side when it can compare a contract with civil law like a general contract not a finished thing by the same day. However, you must at least announce it previously before 30th when the offer (discharge) to cancel an employment agreement for the worker from a user by the labor laws such as the Labor Standards Laws receives a limit, and a user is going to discharge a worker. When you do not announce it previously 30 days ago, you must pay the above-mentioned average wages for 30th (20 lines of Labor Standards Laws). In the case of the employment agreement, I bear duty to pay wages more than minimum wages set of a Japanese foreigner without a relation every area. You must work on the user obeys the instructions order of the employer, and it was determined by a contract. When you conclude an employment agreement, you must state it clearly about the following matters by the grant of the document.

■A clear statement matter by the grant of the document in case of the employment agreement
1、The period of the work contract
2、The contents of a place / duties to engage in of the operation
3、The opening / the close of the work time, having labor or not more than the agreed hours, a break, a holiday, a holiday,
  When a shift lets work; a matter about the operation time switch (a change fixed date or change order)
4、Decision / a calculation / the payment method of the wage, a matter about the time of the deadline / the payment of the wage
5、 A matter about the resignation(I include a reason of the discharge)

■About duties trust contract (a contract contract)
There is a contract contract as a contract type for the purpose of the use of the labor of another person resembling an employment agreement. That the employment obeys the labor is the contents, and the point where completion of the work becomes the purpose is different by the contract contract. In addition, labor is performed in the form that was subordinate to a user by the employment, but it is performed by the contract contract independently. The contract (I undertake it) is kind of the model contract of the civil law, and a contractor promises completion of the work for an opponent and is formed by reducing that an orderer pays a reward for the completion of this work to its lowest terms. In addition, the contract of work performed as business or the labor becomes the commercial transaction. (502 lines of commercial law 5)Because, in the case of duties trust contract (a contract contract), is each other's transactions; cannot take the application of the labor law about terms and conditions. There are many examples I reduce a constant ratio to its lowest terms with a trustee with an orderer, and to divide the sales that I operate in the industry, and gave a service into, and there is it. The case which 50% - 70%, duties trustee are the ratio of 30% - 50%, and an orderer distributes is generally common. There is a merit that a risk in the management is reduced it is often that the duties trust contract (a contract contract) is performed in a small salon, and I am in proportion to the fee, and to shrink seeing from the situation of the orderer when there are few sales. However, I mean that the reward of the substance decreases when pulling in customers was open judging from the duties trustee side in the salon which is not done even if the share of the fee is big. I make the fee of the minimum guarantee for duties trust contract (a contract contract), and a step to make it easy to apply for duties contractor is measured, but it is destiny of the Minimum Wages Act and does not fall recently because the fee of the guarantee is the transaction that does not always receive an application of the worker protection law at least.

■Perform a transaction
The duties trust contract (a contract contract) is a juridical person and an individual to the last(Or I am a juridical person) Mental attitude as the independent corporation is important for a therapist individual to become the transaction between . When I watch only a fee and contract with it superficially when a rate rate is good, there is a thing subtracted at distinction and must be open in nominal inferior environment with the salon. On the contrary, but the salon side takes measures for pulling in customers, and there is it so that there are few ratios of the fee when I get salon environment ready. When I contract, I confirm the spot with own eyes, and it may be said that it is necessary to take a look to the every corner for the contents of the contract.

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