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💴 | If you work too much, your pension will be suspended.Work styles that seniors should choose


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If you work too much, your pension will be suspended.Work styles that seniors should choose

 
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If you choose a work style that does not have an employment contract, such as self-employment, business consignment, or freelance, you do not need to join the welfare pension in the first place, so you can work without worrying about the old-age pension.
 

What is the in-service old-age pension? What is the in-service old-age pension? As an insured person of the welfare pension while receiving the old-age welfare pension for those over 60 years old ... → Continue reading

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Wikipedia related words

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Welfare pension in the first place

employment

employment(Koyo, employment, English: employment), one of the parties (employee, employee) to the other party (employer, employee)The laborPromise to engage inuserFor that laborRemunerationThe content is to giveAgreement(Labor contractSee also).

The hiring sideemployer(Yatoinushi) ・user(Let's go), the hired sideEmployee(Cost) ・Servant(Shonin) ・EmployeeIt is called (Jugyoin).In addition, there are also terms used in both meanings: employer (koyosha) and employer (yatoinin).

To find an employer / employerJob placement business,Job ads,Job information magazineAnd so on.Career consultantThere is also an agent by.

2016Tothink tankWithin 20 years, according to the estimation ofJapanIn this case, 49%, which is about half of the working populationArtificial intelligence,Mech robotSuch asmachineDeprived of work byworkIs expected to become a global trend due to the loss of[1].

Employment and economy

Employment policy

Employment policy is

  1. The governmentJob trainingBy implementing and creating employment opportunitiesunemploymentTo reduce ""
  2. Unemployment benefitUnemployed in the form of livelihood security throughincome"Negative policy" to treat

Divided into[3]..Examples of Japan's "aggressive policies" include "employment adjustment subsidies" and employment expansion measures through public investment.[3].

1990 eraFrom the second half, Japan's "aggressive" employment policy has shifted from maintaining employment to "mobilizing employment."[4].JapanAs an example of "mobilization of employment"Career changeFirstpensionPortable pensions that can be transferred, vocational placement / expansion of vocational training, employment placement /Temporary staffingAboutDeregulation, Improvement of treatment of part-time workers, etc.[4].

Wage labor

Wage labor (wage labor) is about the relationship between employees and employers.SocioeconomicsEmployees by public or non-public contractThe laborIs sold to the employer.Many of these dealsLabor marketMade inwageIs determined by the market[5][6]..In exchange for wage payments, employee deliverables become job outcomes and become the employer's property.The exception is intellectual propertyThe United States of AmericaExceptionally invented by employeespatent rightBelongs to the individual inventor.Wage laborers thus sell their labor to their employers for income.

OECDModern like countriesMixed economyIn society, this form of labor is the current mainstream.In many countries, wage labor designCEO・ Professional workers / professional agentsClass system“Wage labor” is considered to be carried out by unskilled workers and manual workers because it is linked to.

Working poor

By getting hiredpovertyThere is no guarantee that you can avoidInternational Labor Organization(ILO) is 40% of the worldWorkerIs in poverty and costs $ 2 a dayAbsolute poverty lineBelow you need to support your familyincomeNot getting[7].. For exampleIndiaSo many of the chronically poor populationRegular employmentBywageBut those jobs are unsafe and have low incomes, so there is no opportunity to avoid risks and accumulate wealth[7].

This issue is about employment opportunitiesLabor productivityIs attributed to the fact that it is difficult to raise both of them.[7]..According to the United Nations Research Institute for Social Development (UNRISD), improving labor productivity has a negative impact on job creation.Employment loss due to productivity gains of 1% per worker increased from -1960% in the 0.07s to -0.54% at the beginning of this century.[7]..Job creation and productivity improvement (which leads to high wages in the long run) are two ways to solve poverty.Increased employment without productivity gainsWorking poorpopulationAs a result, some experts are calling for "creating quality, not quantity" in labor market policy.[7]..It's highly productiveEast AsiaIt focuses on the fact that it contributed to reducing poverty in Japan, but its negative aspects have begun to appear.[7].. For exampleEur-lex.europa.eu eur-lex.europa.euSo, job creation was sluggish while productivity continued to improve.[7]..In this way, productivity improvement does not always bring about wage increase,The United States of AmericaThe gap between productivity and wages has been widening since the 1980s.[7].

英国Think Tank Overseas Development Laboratory (en: Overseas Development Institute) Shows data on differences by economic sector in reducing poverty through job creation[7]..Twenty-four cases are shown, of which 24 are able to reduce poverty.In this studyunemploymentOther industries in reduction (Manufacturing industryEtc.) was shown to be important[7]..The industry that brought about the most job creation by improving productivity was the service industry.As for the agricultural sector, it was a safety net as an employment and economic buffer when other industries were in trouble.[7].

Growth, employment and poverty[7]
Number of casesIncreased employment in the agricultural sectorIncreased employment in the industrial sectorIncreased employment in the service industry
Growth cases where the poverty rate is decreasing1861015
Growth cases where the poverty rate has not decreased6231

Basic income

futuristicArtificial intelligence,Mech robotThe world's working population is declining due to the development and spread ofUnemployedIs expected to increase rapidly.WesternSo to deal with this situation already, an attempt to share work without dropping wages (スウェーデン),America,スイスA minimum livelihood security system in which the national government pays a fixed amount every month to all citizens.Basic income) Has begun to be considered[1].

Japanese law

JapaneseEmployer
(Ministry of Internal Affairs and Communications Statistics Bureau, FY2019Labor force survey[8]
Employment statusTen thousand people
Board Member335
Labor contract with no fixed term3,728
Over a yearFixed-term contract451
Fixed-term contracts for one month to less than one year (temporary employment)763
Fixed-term contract less than 1 month (Day labor15
I don't know the period239

Japan OfCivil lawThen.Typical contractIt is said to be a kind of.The phrase "employment" has been used in the Japanese Civil Code, but due to the 16 revision of the Civil Code.Civil law modernizationAt that time, it was changed to "employment".In addition, focusing on subordinate labor relations, "Labor contractHowever, delegation contracts and contract contracts are sometimes evaluated as "labor contracts," and are categorized from different perspectives between "labor contracts" and "employment."[9][10](Labor contract # Significance of labor contractSee also).

Significance of employment

Employment is about the employee's commitment to work for the employer and the employer's commitment to reward the employee's labor, the legal nature of which isConsent / paid / bilateral contractIs (Civil Code Article 623).

Employment contractContract,DelegationIt is a kind of labor type contract (labor supply contract) that includes the use of other people's services.[11][9].

Traditionally, mandates are left to the judgment of the other party for the purpose of certain paperwork, and employment is different in that the purpose is labor itself, but it is distinguished like labor with a piecework system. Is said to be difficult in some cases[9][10].

In the first place, the labor supply contract is on the company side in terms of employment opportunities.InitiativeThere is (economic dependence in the labor market), secondly, under the corporate organization, individual labor is determined altogether by the command and control of the employer (human dependence), and thirdly Due to the progress of organization, individual labor relations are treated collectively and uniformly, and there are restrictions due to various corporate orders (organizational subordination).[12]..For this reason, recent theories have taken the perspective of labor subordination, and from a perspective different from employment, mandate, and contracting, a contract type called "labor contract," which is a subordinate labor relationship, has been constructed separately. Is[9][10].

In economics, employment (wage labor) is the labor force.Buying and sellingHowever, in law, buying and selling as a contract with an independent entity as an objectexchangeIt is especially important that employment, unlike, is a contract that is inseparably linked to the personality of the worker.[13](#Revision by labor lawSee also).

Amendment by labor law

Employment under the Civil Code is with the employerWorkerAre contracts that are concluded by their own free will on the premise that they are on an equal footing.This is the Japanese Civil CodebourgeoisCivil revolutionAsFrench Revolution Of精神Compiled according toFranceCivil Code (Napoleonic Code) Citizens greatly affected社会This is because it assumes a model.

But the workersMeans of productionTo the capitalist who hasLabor forceDue to the nature of employment, which is to provide wages at a fixed time, workers are actually placed in an economically and socially subordinate position to the employer.[14][15]..Therefore, in the field of labor lawFreedom of contractNeeded to be significantly modified,Country The社会 保障We are trying to protect workers by enacting various labor regulations such as the Labor Standards Act from the viewpoint of[16].

As a result, many labor contracts have the Labor Contract LawLabor Standards Act-Labor union lawな どlabor lawThe provisions of the Civil Code are rarely applied because the provisions of[17][18].. In addition,Domestic servantIs a typical example to which the Labor Standards Law does not apply (Labor Standards Law, Article 116, Paragraph 2), but the Labor Contract Law, which came into effect in 2008, does not make "business" a requirement for labor contracts, and the Labor Contract Law does not require domestic affairs. Also applicable to employees[19].

The provisions of the Civil Code are from the workers sideretirementToCivil Code Article 627In some cases, it may function as a supplement, but matters related to retirement are subject to Article 89, Paragraph 3 of the Labor Standards Act.Labor regulationsIn some cases, retirement is actually based on the rules of employment and the individual labor contracts established based on them (according to the majority theory).Civil Code Article 627 TheArbitrary regulationsBut there is also an objection[20]).Although it has undergone major amendments under the Labor Law as described above, in theory, the employment provisions of the Civil Code have meaning as general provisions that form the basis of the Labor Law.[18].

Establishment of employment

Under the Civil Code, an employment contract is a consent contract and an unnecessary contract.[21]..However, according to the Labor Standards Law, the employer is obliged to specify certain items in the labor contract in writing (so-called).Notification of working conditions..Labor Standards Law, Article 15, Paragraph 1).In addition, the recruitment advertisement for laborers is nothing more than an invitation to apply.[21].

In generalemployment agreement(Labor contract) is often exchanged between the two parties, but the employment contract itself has nothing to do with the conclusion of the contract and is not a legal obligation.However,Labor contract lawAs a result, workers and employers shall confirm the contents of the labor contract in writing as much as possible (Article 4 of the Labor Contract Law).Since it is a legal obligation to issue a notification of working conditions, in practice it is often the case that a document that integrates the employment contract and the notification of working conditions is prepared.

Employment effectiveness

Employee obligations

Obligation of the user

  • RemunerationPayment obligations-in employment contractsArticle 623As a result, the employer is obliged to pay the remuneration because it promises to give the worker a remuneration for labor.With the enforcement of the revised law in 2020, it has been clarified that workers can claim remuneration in proportion to the already fulfilled rate in the following cases (Article 624-2).
    1. When it becomes impossible to engage in labor due to reasons that cannot be attributed to the employer's blame.
    2. When employment ends in the middle of fulfillment.
  • Ancillary obligations-contractually and in good faithObligation to consider safetyAnd so on.

No discrimination in employment

Article 14 of the Constitution of Japan"All the peopleEquality before the lawAnd they are not discriminated against in political, economic or social relations by race, creed, gender, social status or question. ".Universal Declaration of Human RightsAlso seeks equality before the law and prohibition of all discrimination,International human rights agreementThe Covenant on Freedom stipulates the prohibition of advocating the advocacy of discrimination and the protection from discrimination, and the Covenant on Social Rights stipulates the right to obtain a profession on fair and favorable conditions.In Japan, from the perspective of prohibiting discrimination based on gender,Law on ensuring equal opportunities and treatment for men and women in the field of employmentWas enacted.But,International Labor OrganizationAdopted in 1958 by the Convention on Discriminatory Treatment in Employment and Treatment (No. 111)[22]JapanApproveNot done.This treatyInternational Labor TreatyAmong them, it is regarded as a major treaty aimed at securing human rights, which is more general.Race,皮膚Color,sex,Religious,PoliticsView,PeopleIt requires States parties to ban "all discrimination, exclusion and priority based on their origin, social origin, etc."Currently, there are 172 ratifying countries.

Decree other than Japan

Australia

AustraliaEmployment in 2009en: FairWork ActAs required by law[23].

The United States of America

In the United StatesFair Labor Standards ActIt is regulated by such as.

スウェーデン

スウェーデンIn the law of[24], Employment is classified into the following three types.

  • Trial employment(Test employment,swe: Provanställning): Employer keeps employees up to 6 monthsTrialit can.This employment is free to terminate at any time and for any reason.This type of employment can only be concluded once per employer / employer pair.Usually, after this trial employment, the fixed-term employment or regular employment offer described below is made.
  • Fixed-term employment(Time limited employment, swe: Tids begräns ad anställning): The employer employs the employee for a fixed period.If the employer-employer pair has an employment contract period of more than two years, it is automatically considered as regular employment.
  • Regular employment(Normal employment,swe: Tillsvidare anställning / Fast anställning): No fixed period (Retirement ageIt is an employment contract (except for etc.).This employment can be terminated for personal reasons (only for special reasons such as crime) or lack of work tasks, swe: Arbetsbrist), It usually ends with matters such as deterioration of company profits.A 1-6 month notice period is required to cancel the contract.From those who have been working for a short timeDismissalThere is a provision to[25]..When recruiting the same job after dismissal, it is obligatory to prioritize the dismissal[25].

In SwedenMinimum wage lawDoes not exist.InsteadUnionAnd employers' organizationsminimum wage,Working conditionsThere is an agreement such as.

footnote

  1. ^ a b NHK Close-up Gendai March 2016, 3 (Tuesday) "A world without work" is coming !?
  2. ^ Career Garden> Carpenter> Salary / Annual Income> Carpenter's Salary / Annual Income / Daily Allowance
  3. ^ a b Mitsubishi Research Institute "Understanding with the latest keywords! Introduction to Nihon Keizai Nihon Keizai Shimbun, Nikkei Business Bunko, 2008, 84 pages.
  4. ^ a b Mitsubishi Research Institute "Understanding with the latest keywords! Introduction to Nihon Keizai Nihon Keizai Shimbun, Nikkei Business Bunko, 2008, 85 pages.
  5. ^ Deakin & Wilkinson 2005.
  6. ^ Marx 1847, Chapter 2.
  7. ^ a b c d e f g h i j k l Claire Melamed, Renate Hartwig and Ursula Grant 2011. Jobs, growth and poverty: what do we know, what don't we know, what should we know? London:
  8. ^ Labor Force Survey (Basic tabulation) National Annual 2019 (Report). Ministry of Internal Affairs and CommunicationsStatistics Bureau(2019-01-31). Basic tabulation Table II-10. https://www.e-stat.go.jp/stat-search/files?page=1&layout=datalist&toukei=00200531&tstat=000000110001&cycle=7&year=20190&month=0&tclass1=000001040276&tclass2=000001040283&tclass3=000001040284&result_back=1. 
  9. ^ a b c d Hiroshi Endo & Tooru Ikuyo 1997, p. 186.
  10. ^ a b c Sakae Wagatsuma, Tohru Ariizumi & Ken Kawai 2005, p. 339.
  11. ^ Ken Kawai 2010, p. 278.
  12. ^ Hayato Kubota 1995, pp. 260-265.
  13. ^ Saburo Kurusu 1974, p. 412.
  14. ^ Hiroshi Endo & Tooru Ikuyo 1997, p. 187.
  15. ^ Hayato Kubota 1995, p. 262.
  16. ^ Hiroshi Endo & Tooru Ikuyo 1997, p. 188.
  17. ^ Ken Kawai 2010, pp. 278-279.
  18. ^ a b Saburo Kurusu 1974, p. 419.
  19. ^ Takashi Uchida 2011, p. 268.
  20. ^ Sakae Wagatsuma, Tohru Ariizumi & Ken Kawai 2005, p. 288.
  21. ^ a b Saburo Kurusu 1974, p. 421.
  22. ^ Discrimination Treatment (Employment and Occupation) Convention (No. 111)
  23. ^ House of Reps seals'death' of WorkChoices --ABC News (Australian Broadcasting Corporation)
  24. ^ Lag om anställnings skydd (1982: 80)
  25. ^ a b JETRO 2009, p. 15.

References

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