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🎗 | Is there any blame on the part of voters who received donations of crabs and melons from the former Minister of Economy, Trade and Industry Sugawara under the Public Offices Election Act?

Photo from Kazuhide Sugawara official site

Is there any blame on the part of voters who received donations of crabs and melons from the former Minister of Economy, Trade and Industry Sugawara under the Public Offices Election Act?

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From the beginning, I was planning to return the full amount of the year-end allowance (from December last year to May this year) scheduled for the end of the month, so I will start the procedure.

Isshu Sugawara, former Minister of Economy, Trade and Industry (9, Liberal Democratic Party) elected to the 59th district of Tokyo (a part of Nerima Ward) of the House of Representatives, "Is only politicians bad?" → Continue reading

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Scheduled for the end of the month


Bonus(Shoyo) is a regular salaryWorkerSpecial paid separately from the regular salarysalaryThatボ ー ナ ス (bonus) And salary.UnionConsiders the regular bonus as "the difference between the original wage and the monthly payment"Lump sumCall.WesternSo-calledSpecial dividend-ScholarshipsIt is a kind of.

JapanSo basicallySummer: とWinter:It is often paid twice a year, but depending on the company, it may be paid once a year or three times a year.Some bonuses are paid individually according to the performance of employees and departments.In addition, it may not have been introduced as a system originally.


In JapanEdo PeriodTobusinessman ObonとYear-endIt is said that the origin of the "dressing" (both ice charges in summer and rice cake charges in winter) distributed to servants.The oldest record as a bonus is1876(Meiji9 years)Mitsubishi Corporation(There seems to be a record that the Nishikawa family, an Omi merchant, gave bonuses twice a year during the Edo period).

Initially, the system was not much different from the Western system, butSecond World WarAfter the defeatinflationでLabor movementIn the summer and winter, when people are uplifting and spending a lot of money on their daily lives, they have become a “lump-sum payment” for living security, and they are now paid 1 to 0.5 months' worth of monthly salary.It can be said that this is peculiar compared to the Western bonus (often not), which is said to be 3 to 0.5 month at most.

Legal regulations in Japan

There is no definition of bonus in the main rules of the Labor Standards Law, but when the law came into effectNoticeAccording to the report, "Bonus is paid on a regular or temporary basis according to the work performance of the worker, and the amount of the bonus is not fixed in advance. It is paid regularly. And, regardless of the name, if the amount of payment is fixed, it should not be regarded as a bonus. "(No. 22 issued on September 9, 13).

BonusesLabor Standards Actupper"wage(Article 11 of the Labor Standards Act).General wages such as monthly wages must be paid in accordance with the "Five Principles of Wage Payment" (Article 24 of the Labor Standards Law), but bonus payments are not stipulated in the Labor Standards Law and are legally paid. Since it is not compulsory, in principle, each company is free to decide whether or not to pay, how to calculate it, and when to pay.However, if a company decides to pay bonuses as a system, the payment standard, calculation method, payment timing, etc. based on the "five principles of wage payment"Labor regulationsMust be stated in (Labor Standards Law, Article 89).Also, when concluding a labor contract, for workersWorking conditionsMatters related to bonuses must be clearly stated as explicit matters (Article 15 of the Labor Standards Act).[1].

A general year from April to March of the following yearBusiness yearIn the company, the company's performance and employee performance from April to September,UnionIn many cases, it is decided that a bonus based on the status of negotiations with the company will be paid in December, and a bonus based on the business performance of the company from October to March of the following year will be paid in June.Therefore, regarding the first bonus (paid in June) to be paid to newly hired employees in April,training,Trial periodIn many cases, it is not paid at all or can be kept at a low price (less than one month's worth).In addition to these, many companies stipulate that they will be paid as a settlement bonus in the settlement month (March).

Ministry of Health, Labor and WelfareAccording to the "Overview of the 29 Working Conditions Comprehensive Survey Results", 90.1% of companies have a bonus system, of which 95.7% "paid bonuses" and "not paid bonuses". Is 4.3%.Of the companies that have a bonus system, the percentage of companies that have a bonus calculation method is 81.0% for managers and 83.8% for non-managers.Looking at the percentage of companies by calculation method, "calculated by appraisal (performance by individual)" (55.6% for managers, 62.3% for non-managers) was the most common for both managers and non-managers, followed by "fixed rate calculation (fixed rate calculation). (For the entire basic salary) ”(53.1% for managers, 56.7% for non-managers).Looking at the percentage of companies by major evaluation criteria among companies that have a bonus system and adopt individual performance in the calculation method of bonuses, both managers and non-managers have "achievement (target) achievement" (managers 55.5). %, 47.0% other than managers), followed by "job performance" (24.5% for managers, 25.1% for non-managers).

Many major Japanese companies have a salary system that tries to achieve a certain amount of annual income by lowering monthly wages and increasing bonuses.This is because bonuses fluctuate more than the basic salary and are suitable as a means of controlling labor costs (during booms and good performance, bonuses are increased to reward employees for their achievements and during recessions. By holding down bonuses when business performance is poor, employeesDismissalLabor costs can be suppressed while avoiding).AlsoPremium wageBonuses are not included in the amount on which the calculation is based (Labor Standards Law Article 37, Labor Standards Law Enforcement Regulations Article 21).Severance paySince many companies use the basic salary just before retirement, which does not include bonuses, it is possible to reduce these costs by increasing the bonuses.[2].

Case law concerning bonuses in Japan

Regarding the provision that bonuses are paid only to those who are enrolled on the payment date, "There is a practice that bonuses are paid only to those who are enrolled on the payment date, and revision of the work rules makes that practice the work rules. It is only clearly stated in the above, and the non-payment to those who retired before the payment date is reasonable in its content, and they do not have the right to receive bonuses. " The provisions of the work regulations that did not pay bonuses to persons were made effective (Yamato Bank case, maximum judgment, October 57, 10).This is because the voluntary retiree can set the retirement date arbitrarily.

Non-employment based on various rights guaranteed by the Labor Standards Act, etc., when the attendance rate is required to be above a certain rate for bonus payment (Annual paid leave,Menstrual leave,Maternity leave, Childcare time,Industrial accidentClosed or outpatient due tostrikeEtc.) is used as the basis for calculating the attendance rate and occupancy rate when it is recognized that the exercise of the right is suppressed and each law substantially loses the purpose of guaranteeing the right to each worker.Public order and moralsContrary toInvalidSuppose[3](Toho Gakuen case, maximum judgment December 15, 12. However, in this case, in the calculation of the bonus amount, the number of days of maternity leave before and after childbirth and the shortened working hours (non-working period) are reduced as absenteeism. The fact that it was treated as an object of "cannot be immediately invalidated against public policy").

Social insurance bonuses in Japan

Employee medical insurance (Health insurance,Seafarers insuranceEtc.) orEmployee pensionIn the above, bonuses are "all things that workers receive as compensation for labor, regardless of their names, such as wages, salaries, salaries, allowances, bonuses, etc., for each period exceeding three months. Say "(Health insurance lawArticle 3). If the wage (annual salary, etc.) calculated for reasons exceeding one month is paid in installments every month, it is treated as a "bonus". Whether or not it falls under the "bonus" is determined by the actual payment as of July 6 every year, and even if the salary regulations are revised in the middle of the year, it will be from July to September.Revised from time to timeUnless you do the followingScheduled decisionDo not change the treatment until.

The actual bonus amount of the insured person, rounded down to the nearest 1,000 yenStandard bonus amountThe premium amount for each insurance is calculated by multiplying this by the prescribed premium rate.The standard bonus amount has an upper limit for each insurance.The employer must be within 5 days from the date of payment of the bonus (Ship ownerMust submit a bonus payment notice within 10 days).

According to the Ministry of Health, Labor and Welfare "Summary of Annual Report on Welfare Pension Insurance and National Pension Business 28", the average bonus amount per standard bonus is 1 yen in 28 (including 44 yen for boys and 51 for girls). It is 4 yen), a decrease of 30% from the previous year.

Civil servant

government official Thelaw,Local civil servant TheOrdinanceIt is called term-end allowance / diligence allowance (also called term-end diligence allowance for short).May 6とMay 12Often paid to.The amount of payment is calculated based on whether or not the person is enrolled in the position on a specific date (base date), and if so, the period of enrollment before the base date of the person.


  1. ^ In clarifying working conditions, matters related to bonuses are not required by law to be delivered in writing and may be spoken.However, in practice, strongly encourage workers to receive a document.Administrative guidanceIs being carried out (February 11, 2, No. 19).In addition, for part-time workers, "whether or not there is a bonus" must be clearly stated in a document (Part-time labor lawArticle 6).
  2. ^ Until the revision of the law in 2003 (Heisei 15), social insurance premiums were not applied to bonuses, so it was possible to reduce the insurance premium burden by increasing the bonus amount.
  3. ^ Equal Employment Act,Childcare Nursing Care Leave ActAccording to the guidelines based on the above, when calculating the amount of bonus payment, it is a disadvantageous treatment to make a non-payment beyond the rate of non-working period or decrease in labor efficiency (Notification of the Ministry of Health, Labor and Welfare on October 18, 10). No. 11, December 614, 21 Ministry of Health, Labor and Welfare Notification No. 12).

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