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💴 | Is the payment of "settlement bonus" tax-saving?Explain notes and points


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Is the payment of "settlement bonus" tax-saving?Explain notes and points

 
If you write the contents roughly
If the work rules and salary rules include an item such as "No bonus will be paid to those who are not enrolled until the bonus payment date", the settlement bonus will not be paid to retirees, so it will be recorded as unpaid. Please note that it will no longer meet the requirements of.
 

"Settlement bonus" is a special bonus paid at the time of settlement, not only the meaning of returning profits when business performance is good, but also the section ... → Continue reading

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Labor regulations

Labor regulationsWhat is a rule?CompanyInuser Labor Standards ActIn the company concerned based onWorking conditionsIt is a collection of rules that stipulates specific details regarding such matters.

WorkerAnd the userCollective agreement, Work rules andLabor contractMust be observed and each of them must fulfill their obligations in good faith (Labor Standards Law, Article 2).[1], Work rules are in Chapter 9 of the Labor Standards ActLabor contract lawThe procedure, substance, effect, etc. of the preparation are regulated by laws and regulations.

  • Regarding the Labor Standards Act in this section, only the number of articles will be given below.

Legal regulation

Article 89 (Obligation to prepare and report)

Employers who use 10 or more workers at all times must prepare work rules for the following matters and notify the government agency. The same shall apply when the following matters are changed (hereinafter omitted).

Article 90 (Procedure for preparation)

  1. The employer organizes the creation or modification of work rules at the relevant workplace with a majority of workers.UnionIf there is, the union must be heard, and if there is no union organized by a majority of the workers, the opinions of the person representing the majority of the workers must be heard.
  2. The employer shall attach a document stating the opinion set forth in the preceding paragraph regarding the notification pursuant to the provisions of the preceding Article.

10 or more workers at all times

"Always 10 or more" means that 10 or more workers are normally used at each business site, even if the number is temporarily less than 10. Even if the number of employees reaches 10 on a company-by-company basis, there is no obligation to report the creation of a business establishment that does not reach 10 people for each business establishment, but when it is created, it is also regulated by law as a work rule (from Article 91). 93). For dispatched workersCombine dispatched workers and other workers (such as workers working at the dispatching company's office)Always use 10 or more workersDispatch origin(No. 61, June 6, 6).

"Workers" in Articles 89 and 90 includeAll workers used at the establishmentThis includes not only regular employees but also temporary and short-term employment type workers. It is necessary to create it for each business site, not for each company. However, since it is necessary to operate the work rules in a unified manner throughout the company, the work rules created and heard at the head office are actually notified to the competent administrative agency of each business site.[2].. In addition to the main rules of employment, it is permissible to create separate rules of employment that apply only to some workers in the workplace, as long as they do not violate equal treatment (Article 3).[3].. In this case, the combination of the two or more work rules becomes the work rules under the Labor Standards Act, and each does not become a work rule independently (March 2, 63, No. 3).

Companies that employ less than 10 workersSole proprietorshipEven so, it is desirable to create and report. As a matter of fact, Tokyo中小企业According to a member survey of the Iedoyukai (April 2018), almost the entire company has been prepared for 4 or more employees, while 6% of micro enterprises with 5 or less have not been created.[4].

Notify the government office

Administrative agency (jurisdiction)Labor Standards Inspection OfficeLength. The same shall apply hereinafter), a notification form, two original work regulations, and a written opinion of the worker representative must be submitted (Article 2 of the Regulations). The same procedure is required not only at the time of creation, but also when it is changed or when it is changed by the order of the administrative agency. One of the two originals will be stamped with the acceptance stamp of the Chief of Labor Standards Inspection Office and returned to the employer.

Opinion of the worker's representative

Work regulations are a promise between employers and workers, and it is important to reflect the opinions of ordinary workers. If there is a union organized by a majority of the workers at the establishment, the union, or if not, a representative appointed from the majority workers gives an opinion on the work regulations to the employer.[5].. The written opinion must be signed or stamped by a person representing the worker (Labor Standards Law Enforcement Regulations, Article 49, Paragraph 2).

By dissenting opinionInvalidとされることはなく、あるいは出た修正意見を規則に反映させる義務は使用者には無い(昭和24年3月28日基発373号)。意見書への署名を拒否された場合、労働者側に提示し意見を求めたことが客観的にわかれば届出は受理される(昭和23年5月11日基発735号、昭和23年10月30日基発1575号)。また、届出に対する行政官庁のAuthorizationThere is no need for it, and the contents will not be instructed by the Labor Standards Inspection Office unless it is a clear violation of laws and regulations (May 23, 5, No. 11, October 735, 23, No. 10).

In addition, when creating or changing work rules that apply only to some workers, the workplaceThe majority of all workersで組織する労働組合(ない場合は全労働者の過半数代表)の意見を聴かなければならない(昭和23年8月3日基収2446号、昭和24年4月4日基収410号、昭和63年3月14日基発150号)。

Matters

Absolutely required items

The items listed in Article 89 as matters that must be stipulated in the work regulations are as follows. It is not necessary to describe everything in one work rule, and another rule may be set and described. However, even if these descriptions are omitted, it is valid as long as other requirements are met for the effect, but it is not possible to avoid the violation of Article 89 (February 25, 2, No. 20). ).

  1. Start and end times,Break time,Days Off,休 暇,Conversion at workMatters concerning.
    For start and end times,Persons who fall under Article 41Must also be determined (December 23, 12, No. 25).
    If the start and end times, breaks, and holidays differ depending on the work style, occupation, etc. of the worker at the workplace, they must be listed separately. For part-time workers, etc. that are not to be set uniformly, it is permissible to set the basic time, etc., and specifically set a delegation rule to the effect that it is set in individual labor contracts, etc. (Showa). March 63, 3, No. 14). For matters that do not carry out uniform labor management for dispatched workers, it is sufficient to specify the framework and specific working conditions in the work regulations (June 150, 61, No. 6). ..
  2. wageMatters concerning determination, calculation and payment method, wage deadline and payment timing, and salary increase.
  3. retirementMatters concerning (DismissalIncluding reasons).
Relative requirements

The items listed in Article 89 as matters that must be stated in the work regulations when establishing such a system are as follows.

  1. Retirement allowanceMatters concerning the scope of applicable workers, determination, calculation and payment methods and timing of payment.
    For example, it refers to factors for determining the retirement allowance amount such as years of service and reasons for retirement, the calculation method of the retirement allowance amount, and the payment method such as whether to pay with a lump sum payment or a pension. If there is a reason for non-payment or reduction of retirement allowance, it falls under the "determination and calculation method" and must be stated in the work regulations (January 63, 1, No. 1).
    Small business retirement allowance mutual aidEven if you are a member of an externally funded retirement allowance system such as a system, you must describe the matters that should be stated in the work regulations, but there is also a method of treating the provisions of the externally funded retirement allowance system as one with the work regulations. It is possible. If it is difficult to set the payment time in advance due to the business reasons of the insurance company, it is not necessary to set the payment time as the fixed date, but it is necessary to clarify when to pay (March 63). No. 3 from the 14th of March).
  2. Temporary wages andminimum wageMatters concerning the amount.
  3. Food expenses, work supplies and other matters related to the burden on workers.
  4. Safety and hygieneMatters concerning.
  5. Job trainingMatters concerning.
    When setting special rights and obligations for workers undergoing vocational training, such as the type of vocational training to be performed, the content of training related to the training, the training period, the qualifications of those who can receive training, etc. Matters, matters related to special treatment for those who have completed training (November 44, 11, No. 24).
  6. Disaster compensationas well as the Non-business injury and illness assistanceMatters concerning.
  7. Matters concerning the type and degree of awards and sanctions.
    "Sanctions" are not limited to the sanctions for salary reductions referred to in Article 91, but also for other cases.Public order and moralsIt is not prohibited unless it violates the above (No. 22 issued on September 9, 13).
    Employer is a workerDisciplineIn order to do so, it is necessary to prescribe the type and reason for disciplinary action in the work regulations (National Railway Workers Sapporo Branch Case, October 54, 10). If not specified, the disciplinary action itself may be invalidated even if there is a fact that deserves disciplinary action.
  8. Other matters concerning provisions that apply to all workers at the workplace.
    TraditionalCustomAs long as is applicable to all workers, it also includes matters that exist as customs even if there are no regulations. It is up to the parties to state whether it is necessary to have an agreement, consultation, or passage with the labor union for changes in working conditions and other decisions (October 23, 10, No. 30).
    Absence dayAnnual paid leaveIf the treatment is established as a system, it is necessary to stipulate it in the work regulations (December 23, 12, No. 25).
    The "rules that apply to all workers" include the grounds for ordering transfer, reassignment, and secondment, and the provision of general rules regarding expenses.
Optional information

Article 89 In addition to the items listed, the user may enter any items. Many business establishments describe the purpose of work regulations, the fundamental spirit of business establishments, and service discipline.

Restrictions on sanctions

Article 91 (Restrictions on sanctions)

For workers in work regulationsPay cutIn the case of stipulating sanctions, the amount of the salary reduction is one timeAverage wageThe total amount must not exceed one-tenth of the total amount of wages in one wage payment period.

Article 91 is applied even when the total wage is small due to absenteeism, etc. (September 25, 9, basic income No. 8). If it becomes necessary to impose sanctions for wage reductions of more than one-tenth, the excess salary reductions must be postponed to the next and subsequent wage payment periods. If you divide it after the next month, you can withdraw more than one tenth of the amount as a result.BonusThe same applies when the amount is reduced from (March 63, 3, No. 14). In the case of Article 150, a partial deduction of wagesLabor-management agreement(Article 24 proviso) is not necessary.

Regarding sanctions for wage cuts, for the day when the reason for calculating the average wage occurred, "Sanctions for wage cutsManifestation of intentionThe date when the party reaches the other party ”is the date when the reason for calculating this occurs (July 30, 7, No. 19).

If you cut wages for the days and hours you are late, leave early, or stop working, you do not fall under the sanctions for reducing wages (July 23, 7, basic income No. 3, March 2177, 63, basic issue No. 3). As a result, even if the amount exceeds the amount of Article 14, it does not violate Article 150, but if the wage is cut for more than the day and hour of being late, leaving early, or stopping work, it falls under the sanction of salary reduction. The decrease in wages due to demotion is a natural result of the change in the duties of the worker, and therefore does not conflict with Article 91 (March 91, 91, No. 26). Even if the wage amount decreases as a result of demoting the monthly wage to the daily wage, it does not fall under Article 3 because it is a change in the wage payment method (May 14, 518, No. 91). ..

Obligation to inform

Work rules are applied to workers by the following methodsWell-knownMust be allowed (Article 106, Rule 52-2). Even if it is made known by any method other than these, it does not mean that the obligation of Article 106 has been fulfilled. In addition, it is not enough to disseminate only the abstract, and it is necessary to disseminate all of them.[6].

  • Always post or install in an easily visible place in each workplace.
  • Deliver a document to the worker.
  • Equipment that records on magnetic tapes, magnetic disks, and other similar items, and allows workers to constantly check the contents of the records will be installed at each workplace.
    • All of the following requirements are met, and each worker extracts the contents of work regulations, etc. as electronic data from electronic devices such as personal computers installed in the workplace.When you can easily check when you need itIs treated as satisfying the requirements for publicity obligations such as work regulations referred to in Article 106 (October 9, 10, No. 20).
      • Each worker is authorized to operate electronic devices so that work rules, etc. can be retrieved as electronic data.
      • The method of extracting electronic data from electronic devices is well known to each worker in the workplace so that the contents of work regulations, etc. can be easily confirmed when necessary.

When a worker and an employer conclude a labor contractWhen the employer informs the worker of work rules that stipulate reasonable working conditionsThe contents of the labor contract are based on the working conditions stipulated in the work regulations (Labor contract lawArticle 7). In this case, "well-known" is not limited to the above method, but means that the worker can know the existence and contents of the work rules whenever he / she wants to know, and it is practically judged. It is a thing. In the case of disseminating information in this way, regardless of whether or not the worker actually knows the existence and contents of the work regulations, it falls under Article 7 of the Labor Contract Law (Heisei). August 24, 8, basic issue 10 No. 0810).

Opinions are divided on the requirements for the entry into force of the work regulations, but it is the majority opinion that the notification itself is not an entry into force requirement because it arises when the presentation is made known to the workers. According to the majority opinion, if this notification is neglected, the rules of employment will not be effective (even if the notification is not made to the government agency, if the notification is made to the workers, the notification is neglected. Although there are criminal penalties for this, the rules of employment will take effect in civil terms).

Effectiveness relationship

Article 92 (Relationship with laws and collective agreements)

  1. The rules of employment must not violate the law or the collective agreement applicable to the place of business.
  2. Government agencies may order changes to work rules that violate laws or collective agreements.

Article 93 (Relationship with labor contract)

The relationship between labor contracts and work regulations shall be as stipulated in Article 19 of the Labor Contract Law (Act No. 128 of 12).

Article 12 of the Labor Contract Law (Labor contract that violates work rules)

A labor contract that stipulates working conditions that do not meet the standards stipulated in the employment regulations shall be invalid for that part. In this case, the invalid part shall be in accordance with the standards stipulated in the work regulations.

Article 13 of the Labor Contract Law (Relationship between laws and collective agreements and work regulations)

If the rules of employment violate the law or collective agreement, the provisions of Articles 7, 10 and the preceding Article shall apply to the labor contract with the worker to whom the law or collective agreement applies. Does not apply.

The working conditions stipulated in the work regulations are the working conditions at the workplace.Minimum requirementsHas the effect of. The working conditions stipulated in the work regulations areAbove the standards stipulated by the Labor Standards LawAndrationalMust be (Article 7 of the Labor Contract Law). The employer just listens to the opinions of the worker representatives, etc.Can be created unilaterallyIn terms of pointsCollective agreementIs different. Even if the matter is voluntarily described by the user, the effect as the minimum condition is recognized.

  • It is natural that even a full-time employee of a labor union can generally apply work rules to the employee as long as the person has the status of an employee, and disciplinary action is taken or assigned based on the rule. I understand that it is possible to order a conversion. However, since full-time employees are exempt from the obligation to provide labor to the company, there are some parts that cannot be applied in the work regulations to that extent (Labor Revenue No. 31, June 6, 19).

When concluding a labor contract, the employer must clearly indicate wages, working hours and other working conditions to the worker (Article 15, Paragraph 1), but the employer must specify it.Reasonable working conditionsIf the workers are informed of the employment rules stipulated in the above, the contents of the labor contract will be based on the working conditions stipulated in the employment rules (Article 7 of the Labor Contract Law). Relative required items 8. Except for the above, the required items in the work regulations are basically the same as the explicit items in the working conditions. Therefore, the explicit items in Article 15 are actually made by issuing the work rules. In Japanese labor-management practices, most of the important matters of labor contracts are described in the work regulations, and the conclusion of the labor contract is done as a collective approval of the work regulations by the workers.

Labor-management agreementIf there is no mention even though the content requires description in the work regulations, the procedure for changing the work regulations is required. Labor-management agreement is justExemption effect from penalties stipulated by lawThere is no choice (January 63, 1, No. 1), and the basis for commanding and ordering workers is in the work regulations, etc., and it becomes effective by the description in it. For exampleModified working hours systemIn the case of adopting, it is not enough to conclude a labor-management agreement, and it is possible to give a command based on the contents of the agreement only when it is stated in the work regulations. On the contrary, while clearly stating in the work regulations, in concluding a labor-management agreementdefectIf there is, it can be subject to punishment.

Work rules are the Labor Standards Law and other laws and regulations.[7] as well as the Collective agreement[8] Must not be contrary to (Article 92, Paragraph 1)[9].. If there is a conflict, the rules of employment do not apply to the labor contract with the worker to whom the law or collective agreement applies (Article 13 of the Labor Contract Law), and the administrative agency is in conflict. It is possible to order a change in the work rules to be carried out (Article 92, Paragraph 2). On the other hand, it does not meet the standards stipulated in the work regulationsWorking conditionsDetermineLabor contractIs invalid for that part, and the invalid part is based on the standards stipulated in the work regulations (Article 93, Article 12 of the Labor Contract Law). Even if a work rule that violates the law is accepted, it cannot be claimed that the work rule is legal. The rules of employment that violate the collective agreement are not applied only to the workers who are covered by the collective agreement, but the rules of employment changed by the administrative agency extend to the workers who are not covered by the collective agreement.

From these things, regarding the effect relationship, in order of priority, laws, collective agreements, work regulations, and labor contracts. However,Labor contracts that set working conditions that are more favorable than work regulations are valid(August 24, 8, basic issue 10 No. 0810).

Disadvantageous change

The employer can change the rules of employment without agreeing with the worker.Workers' disadvantagesThe working conditions, which are the contents of the labor contract, cannot be changed (Article 9 of the Labor Contract Law).

However, the employer gives the changed work rules to the workersWell-knownAnd the change of work rules is "Degree of disadvantage to workers""Need to change working conditions""Equivalence of the contents of the changed work regulations""Status of negotiations with labor unions, etc.In light of other circumstances related to changes in work rulesrationalIf this is the case, the working conditions, which are the contents of the labor contract, shall be as stipulated in the revised work regulations (Article 10 of the Labor Contract Law), even if there is no agreement with the worker. , Working conditions can be changed to the disadvantage of workers by changing work rules. Conventionally, "rationality" has been achieved by accumulating precedents.裁判 所Was judged individually[10], The change requirements have been clarified by the enforcement of the Labor Contract Law. In particular, the procedures related to the work regulations stipulated in Articles 89 and 90 are not requirements for producing the legal effect of the main text of Article 10 of the Labor Contract Law, but they contribute to the rationality of the contents of the work regulations. There is (August 24, 8, basic issue 10 No. 0810).

Creation of work rules for seafarers

Sailor (Sailor LawThe provisions of work regulations under the Labor Standards Act do not apply to seafarers stipulated in Article 1 (Article 116), but the provisions of work regulations are separately provided by the Seafarers Act.

The difference from the Labor Standards Law is that

  • Ship owners should submit a notification when creating or changing work rulesMinister of Land, Infrastructure and Transport(Actual submission destination is jurisdictionRegional Transportation BureauLength. (Article 69 of the Seafarers Law Enforcement Regulations) (Article 97, Paragraph 1 of the Seafarers Law). An organization whose members are ship ownersCorporationA person can create a work rule that applies to the ship owner who is a member of the ship, and notify or change it. Upon receiving this notification, the ship owner prepares the work rule.・ It is not necessary to notify the change (Article 97, Paragraphs 3 and 4 of the Crew Law). The following items are stipulated (Article 97, Paragraph 2 of the Seafarers Act, Article 70 of the Enforcement Regulations of the Seafarers Act).
    • Absolute items
      1. Salary and other remuneration (including decision and payment method, payment timing and salary increase criteria)
      2. Working hours (including standard working period, rest time, shift allocation and shift method, and boarding system when special boarding system such as shift boarding system is adopted)
      3. Holidays and vacations (including time, method and location)
      4. Capacity (including the duties and number of seafarers, the name of the ship, the total ton number, the output of the main engine, the navigation area or employee area, the service route or the operating sea area and the purpose of use)
    • Relative items
      1. Food and safety and hygiene
      2. Clothing and daily necessities
      3. Onshore accommodation, rest, medical and comfort facilities
      4. Disaster compensation
      5. Unemployment allowance, hiring allowance and retirement allowance
      6. Repatriation
      7. Education
      8. Punishment
      9. Other working conditions
  • The effect relationship is the same as the Labor Standards Law (Article 100 of the Seafarers Law), but the Minister of Land, Infrastructure, Transport and Tourism makes a decree or a collective agreement.ViolateYou can order a change in the work rules (Article 99, Paragraph 1 of the Seafarers Act), and the work rulesAdmit it is unjustwhen,Transportation Policy CouncilOrRegional Transportation BureauCouncil stipulated by Cabinet Order (formerlySailor Labor Committee→ The change can be ordered after the discussion of (current) (Article 99, Paragraph 2 of the Seafarers Act).

The "always 10 or more people," "listening to the opinions of labor unions," and "obligation to publicize" are the same in the Labor Standards Law.

Creation of work rules for part-time workers

The business ownerShort-time workersWhen creating or changing work rules for matters related to, employ at the relevant business establishmentRepresenting the majority of part-time workersTo listen to the opinions of those who are recognized asStriveTo be (Part-time labor lawArticle 7). When requested by the part-time worker to be employed, the employer must explain to the part-time worker the matters considered in making a decision on work rules (Article 14 of the Part-time Labor Law). ).

History

Regulations on documents describing working conditions established by employers are:1905(Meiji 38) Old enactmentMining lawIs said to be the beginning[11].. The law already included regulations related to the current Labor Standards Law (obligation to publicize, absolute / relative requirements, penalties for violators, etc.). afterwards1911(44th year of Meiji)Factory lawThere was no direct regulation,1916In the law enforcement ordinance issued in (Taisho 5), the factory owner was obliged to prepare and report the industrial accident assistance rules.1923Due to the revision of (Taisho 12), the word "work rules" first appeared in the legal text. With the enactment of the Labor Standards Law after the war, "work rules" were stipulated by taking over these circumstances.

The Labor Standards Law has been revised frequently since its enactment, but there have been few revisions to work rules, and only the addition of absolute and relative items due to changes in the times and the arrangement of provisions due to the revision of other laws. Even in the current law, the basis of the law is mostly the one at the time of enactment.

Legal nature

Although the rules of employment impose compliance obligations on both employers and workers (Article 2), the legal effect of the rules of employment is to ensure minimum working conditions, and how much the rules of employment stipulate the contents of labor contracts. However, it is legally unclear (whether the workers who oppose it should be detained as a matter of course). Therefore its legal nature is considered,Legal normsTheory andClauseThe two theories are considered to be the most basic ideas.

Legal norm theory

We see the rules of employment itself as a kind of legal norm that binds workers and employers.

Terms and conditions

The rules of employment are not legal norms in their own right and bind both parties only by being incorporated into the content of the employment contract with the worker (see the rules of employment as a model of the employment contract).

Case law (Akikita busThe position of the case (December 43, 12) is considered to be the legal norm theory.[12]However, the same judgment does not state that workers who have expressed their opposition to the rules of employment are naturally bound, but it can be understood as a contractual theory, and it is a virtually neutral view. In practice, when hiring, workers should not express any clear opposition to the rules of employment (if they do, they will not be hired), and the rules of employment will be collectively accepted and binding by new employees. Case law endorses this reality in the legal world,Rationality of contentIs a requirement for obtaining effect. In particular, the judicial precedent strictly examines the "rationality of the content" when the working conditions are revised to the disadvantage of the worker by the revision of the work rules, and this doctrine is based on Articles 9 and 10 of the Labor Contract Law (Articles XNUMX and XNUMX of the Labor Contract Law (#Disadvantageous changeSee).

Related literature/articles

Related item

footnote

[How to use footnotes]
  1. ^ Article 2 has no penalties for violators and is understood as an instructional provision.
  2. ^ If the majority of the workers at the business site are not affiliated with any one of the labor unions to hear opinions at the head office, another labor union with a majority of the workers at the business site (if not) The opinions of the majority of the workers) must be heard (January 39, 1, No. 24).
  3. ^ However, in this rule, it is desirable to establish exemption provisions, etc. for workers to whom the separate work regulations apply (March 11, 3, No. 31).
  4. ^ "6% of micro enterprises in Tokyo have no work rules, according to a survey by the Tokyo SME Doyukai"Nihon Keizai Shimbun morning edition June 2018, 6 (Tokyo metropolitan area economics) Viewed June 20, 2018
  5. ^ The employer only needs to hear the opinions of the labor union, etc., and is not obliged to consult (March 25, 3, No. 15).
  6. ^ The rules of employment need to be known in order to be binding.PrecedentAs a case (maximum judgment October 15, 10).
  7. ^ "Decrees" are laws that have the nature of mandatory laws and regulations.Cabinet Orderas well as the Ministerial OrdinanceTo say. It does not matter whether the decree involves penalties or not, and includes decree other than the Labor Standards Law (August 24, 8, No. 10 No. 0810).
  8. ^ If all the working conditions are stipulated in detail and clearly in the collective agreement, all the items described in the employment rules are incorporated in the collective agreement, and the employment rules are "as per the collective agreement" and duplicate description is omitted, each article of the collective agreement It is possible to omit the duplicate description of the employment rules only when specific working conditions that can be the contents of the employment rules are stipulated as they are, but the provisions of the collective agreement that should be cited in the employment rules It is necessary to list the numbers and attach the collective agreement as a separate sheet of the work regulations, and to clarify that even if the collective agreement expires, the part of the work regulations that cites the collective agreement is still effective. There is (No. 24, basic issue on November 11, 24).
  9. ^ Article 92 means that the contents of the work regulations must not violate the working conditions and other standards (normative part) regarding the treatment of workers stipulated in the collective agreement, and it is the procedure for creating the work regulations, "Company". Provisions such as "The consent of the labor union shall be required for the establishment, revision and abolition of internal rules and regulations" are not related to Article 92 (January 24, 1, No. 7). Therefore, even if the work regulations are created by the employer without the consent of the labor union under such provisions in the collective agreement, they do not violate Article 4078.
  10. ^ As a judicial precedent that clarified the factors to consider in determining whether a change in work rules is "reasonable".Fourth bankCase (maximum judgment February 9, 2). The ruling states that "the degree of disadvantage suffered by workers due to changes in work rules", "the content and degree of necessity of changes on the employer side", "the appropriateness of the contents of the changed work rules themselves", "compensation measures and other related matters". Listed seven factors to consider: "improvement status of other working conditions", "process of negotiations with labor unions, etc.", "response of other labor unions or other employees", and "general situation in Japanese society regarding similar matters" doing. In response to this case, Article 28 of the Labor Contract Law has integrated and listed related elements among these elements, and also for matters not included in these factors, "related to other changes in work regulations. It is comprehensively expressed by the phrase "circumstances".
  11. ^ Fujio Hamada, "Study of Employment Regulation Law," Yuhikaku Publishing, 1994, p.2 ~
  12. ^ The dissenting opinion of the ruling is stated after understanding the majority opinion as a legal norm theory. In addition, the subsequent judgments are also stated on the premise that the judgment is in the position of the legal norm theory.

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