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💼 | [Labor book of the week] “Research on“ side business ”The impact and potential of diversity”


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[This Week's Labor Book] "Research on" Side Business "Impact and Possibilities of Diversity"

 
If you write the contents roughly
In addition, while non-regular workers are seen to have side jobs for the purpose of securing income, analysis results show that middle-aged and older part-time workers tend to seek more working hours in their main jobs than side jobs.
 

Skill improvement effect is limited Whether side jobs are effective in improving skills, what kind of attributes people are doing side jobs, etc. → Continue reading

 Labor Newspaper

The "Labour Newspaper" delivers the latest information regarding personnel, labor, and health and safety from a neutral standpoint. We will deliver XNUMX to XNUMX daily, focusing on articles on inspections that report each case of violations of laws and regulations related to labor standards, news on work style reforms, carefully selected columns from the perspective of labor and safety.


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

working time

working timeWhat is (working time)?userOr under the supervisorThe laborMust be submitted toTimeRefers to.WorkerWhen a worker submits to work under an employer, the worker is placed under the command of the employer and spends the time in between for the work.That is, the worker is detained by the employer at this time, and the worker's behavior is greatly restricted.

Karl Marxof"Capital theory],CapitalistWorkers sell their labor and time to the capitalist in returnwageIs supposed to be obtained.

International Labor Organization(ILO) Convention No. 1 states that the working hours of all workers in industry except homeworkers must not exceed 1 hours a day and 8 hours a week.[2]..さらに第30号条約Furthermore, Convention No. XNUMX[3]By etc.CommercialAnd other industries have similar working hours.

Eight-hour work system

International Labor Organization(ILO) Convention No. 1 has its official nameA treaty that limits working hours in industrial companies to 1 hours a day and 8 hours a weekIt regulates working hours in the following companies (Article 1).

  • Mountain industry, stone cutting industry and other businesses that collect minerals from land
  • Manufacture, remodeling, cleaning, repair, decoration, finishing, tailoring for sale, dismantling for destruction, industry for altering materials (including shipbuilding-like electricity or generation of various powers, changes and conduction)
  • Buildings, railroads, tracks, harbors, culverts, basins, canals, inland waterways, roads, tunnels, bridges, overpasses, sewers, drainage channels, wells, telegraph and telephone equipment, electric works, gas works, waterworks and other works. Construction, modification, preservation, repair, modification or dismantling of objects and preparation or foundation work of the above structures or structures
  • Transportation of passengers or cargo by road, railroad, sea or inland waterway (including handling of cargo at docks, quays, wharfs or warehouses, but not by human power)

The following exceptions exist (Article 2)

  • Managers and supervisors, Those who handle confidential affairs are excluded
  • If there is a decree or collective agreement, if the working hours are less than 1 hours per day in a week, the amount can be transferred to other days in the same week.
  • Shift workIn the case of, within a period of 3 weeks or less, within the range where the average working hours during that period does not exceed 1 hours a day or 8 hours a week.

In commerce and officesInternational Labor Organization No. 30 ConventionIs likewise1 hours a week and 48 hours a dayIs prescribed.

Working hours in each country

World working hours1980 After that, it is divided into countries that are on a downward trend and countries that are flat.OECDAccording to the report, the longest working hours of workers among OECD member countries in 2019 was 2,137 hours per year.MexicoMet.The runner-up was 1,967 hours, the top until 2011South Korea, FurthermoreGreece,チリ,Israel,Poland,Czech RepublicAnd continue.However,Labor force surveyJapan's annual working hours in 2019 will be 1,981 hours per year, making it the second highest country after Mexico.[5] .

Independent administrative agencyLabor Policy Research and Training OrganizationPublished `` Data Book International Labor Comparison 2019''[6]によれば、主要諸外国についても、概ね減少傾向なっており、2018年には、韓国は2,005時間、アメリカが1,786時間、イタリア1,723時間、日本1,680時間(労働力調査では1,997時間)、イギリス1,538時間、フランス1,520時間、スウェーデン1,474時間、ドイツ1,363時間などとなっている[7].

EU Working Hours Directive

European Union OfWorking hours directive(Working Time Directive 2003, 2003/88 / EC) regulates the rest period as follows.

  • Article 3 – Reserve 24 consecutive hours of rest as a rest period (inter-working interval).
  • Article 4 ―― For work exceeding 6 hours, secure a break on the way.
  • Article 5 --A minimum of 7 hours of uninterrupted breaks every 24 days (Weekly holiday).

Japan

in Japan,Article 27 of the Constitution of JapanUnder the provisions of paragraph 2,Labor Standards Act(April 22, 4 Law No. 7), etc.Premium wageThe upper limit of unnecessary legal working hours and the calculation method are set.

Working hours stipulated in the Labor Standards LawLegal working hours,Labor regulationsFrom the working hours set inBreak timeExcluding the timePrescribed working hoursThat is.法定労働時間または所定労働時間のいずれか長い時間を越えたExceeded the longer of legal working hours or prescribed working hoursovertime workHours may be referred to as non-statutory working hours, and non-statutory working hours exceeding the prescribed working hours may be referred to as non-statutory working hours.Also,Working hoursIs also used to mean working hours, especially regular working hours.なお、労働時間を1日あたりに割り振った場合の1日単位をIn addition, the daily unit when working hours are allocated per dayWorking dayThat.

Matters concerning start and end times and breaks are included in the rules of employment.Absolutely required itemsTherefore, the employer must state the matters related to these in the work regulations (Article 89).Also,Working conditions OfAbsolutely explicit matterIt is also said (15th condition), and the employer is required to conclude a labor contract.In writingMatters concerning these must be clearly stated.

On the other hand, JapanILOOne treaty on working hours (No. 1, No. 30, No. 153, etc.)ApproveNot done.Japan's legal system follows the ILO Convention in its basic principles, with exceptions to legal working hours.XNUMX agreementIt has been a problem that there is virtually no upper limit to working hours if such methods are used.深夜12時を過ぎる残業や翌朝までの残業が行われているケースもあり、著しいThere are cases where overtime work is done after midnight or until the next morning, which is remarkable.Long working hoursHarm the health of workers,depressionSuch asMental illness,Death from overwork,suicideIs the cause of.こうしたことから、 事業主は、労働時間等For these reasons, the employer has to work hours, etc.[8]Take necessary measures to improve the setting ofHave to work "Act on Special Measures concerning Improvement of Working Hours etc."(The Act on Temporary Measures Concerning Promotion of Reduction of Working Hours, which was a time-limited legislation, was amended and enacted permanently) has been in force since April 18, 4.同法により、事業主は、労働時間等の設定に当たっては、その雇用する労働者のうち、そのAccording to the law, the employer, when setting the working hours, etc., among the workers employed by the employer,Physical and mental conditionAnd for workers who are deemed to need to maintain their health in light of the actual situation regarding their working hours, etc.Granting vacationIn addition to striving to take other necessary measures, of the workers employed by the child, raising the child or of the familyNursing careWorkers,Single assignmentPerson, about occupationEducation TrainingFor workers who receive special consideration and other workers who need special consideration, to improve it, such as doing this in consideration of the circumstances.Have to work(Article 2 of the same law).In April 31, the revised law was enforced, which sets an upper limit for overtime work and imposes penalties on violators.

Record of working hours

Under the Labor Standards Law, working hours, holidays,Midnight workSince there are provisions for etc.The employer has a responsibility to properly manage working hours, such as properly grasping working hours...使用者が行う始業・終業時刻の確認及び記録の原則的な方法としては、使用者が自ら現認することにより確認し、適正に記録すること又はAs a general method of confirming and recording the start and end times performed by the user, the user confirms by himself / herself and records it appropriately.Time-card,Prepaid Card,computerIt is required to confirm and record based on objective records such as the record of working hours (January 29, 1, guidelines on measures that employers should take to properly grasp working hours).If there is no choice but to self-report without using these methods, the employer will take the following measures (January 20, 29, the employer for proper understanding of working hours). Guidelines for measures to be taken by).

  • For workers who are subject to the self-assessment system, based on the guidelines, properly record the actual working hours and give sufficient explanations about proper self-assessment.
  • Provide sufficient explanations to those who actually manage working hours about the measures to be taken in accordance with the guidelines, including the proper operation of the self-assessment system.
  • Conduct a fact-finding survey as necessary to determine whether the working hours grasped by self-reporting match the actual working hours, and correct the required working hours.In particular, if you have data that shows the time spent in the workplace, such as entry / exit records and records of computer usage time, the working hours grasped by self-report from the worker and the workplace found by the data If there is a significant discrepancy with the time spent, conduct a fact-finding survey and correct the required working hours.
  • If you want a worker to report the reason, etc. for the hours spent in the workplace beyond the self-reported working hours, check whether the report is being made properly.At that time, even if it is reported that it is not working hours because it is a break, voluntary training, education and training, learning, etc., in reality, the user's command and order such as being engaged in work according to the user's instruction Hours deemed to have been underneath must be treated as working hours.
  • The self-assessment system is based on the premise of proper declaration by workers.For this reason, employers should take measures to prevent workers from properly reporting working hours, such as setting an upper limit on the number of overtime hours that workers can self-report and not allowing workers to report more than the upper limit. Don't be.In addition, are the measures taken by business establishments related to working hours, such as internal notifications to reduce overtime hours and fixed payment of overtime allowances, hindering the proper declaration of working hours by workers? In addition to confirming the above, if it is the cause, take measures for improvement.さらに、労働基準法の定める法定労働時間や三六協定により延長することができる時間数を遵守することは当然であるが、実際には延長することができる時間数を超えて労働しているにもかかわらず、記録上これを守っているようにすることが、実際に労働時間を管理する者や労働者等において、慣習的に行われていないかについても確認することFurthermore, although it is natural to comply with the statutory working hours stipulated by the Labor Standards Law and the number of hours that can be extended by the XNUMX Agreement, in reality, the number of hours that can be extended is exceeded. Nevertheless, make sure that it is not customary for those who actually manage working hours, workers, etc. to keep this on record.

Documents related to recording working hours (Worker list,Wage bookAs well,Attendance record,Time-card(Including, etc.) corresponds to "Other important documents related to labor relations" referred to in Article 109, and the employer is obliged to preserve it for 3 years (January 29, 1, for proper understanding of working hours). Guidelines for measures that users should take).

Legal working hours

Article 32 (working hours)

  1. The employer tells the worker about a week, excluding breaks.40 hoursDo not work beyond.
  2. The employer tells the worker about each day of the week, about one day excluding breaks.8 hoursDo not work beyond.

When the Labor Standards Act came into effect in 22, per week according to the standards of international treaties at that time.48 hoursHowever, due to the revision of the law in 63, it was a week.40 hoursIn 9, while establishing the principle ofExceptionIt was completely implemented except for.On the other hand, variousModified working hours systemBy establishing a flexible working hours framework, we responded to irregular work styles and promoted shortening of regular working hours.The regulation of working hours is based on the regulation on a weekly basis, shortening the working hours of one week, and the working hours of one day is considered as the upper limit when the working hours of one week are allocated to each day. It was decided to stipulate the legal working hours for one week and the legal working hours for one day separately, but both are still legal working hours, and the employer tells the worker the reason for legal exclusion. No, you must not work more than the legal working hours of one week and the legal working hours of one day (January 1, 1, No. 1).

"1 week" is unless otherwise specified in the work regulations, etc.SundayからSaturdayThe so-called calendar week up to. "1 day" means a so-called calendar day from midnight to 0:12 pm.However, if continuous work extends over two calendar days, it will be treated as one work even if the calendar days are different, and it will be "one day" as the work of the day to which the start time belongs (January 2, 1). Nikki No. 1).

Break time

Article 34 (break)

  1. The employer must give a break of at least 6 minutes if the working hours exceed 45 hours and at least 8 hour if the working hours exceed 1 hours in the middle of the working hours.
  2. The break time set forth in the preceding paragraph must be given all at once.ただし、当該事業場に、労働者の過半数で組織するHowever, a majority of workers will be organized at the relevant business site.UnionThis shall not apply if there is a written agreement with the labor union if there is one, or with a person representing the majority of the workers if there is no labor union organized by the majority of the workers.
  3. The user must freely use the break time in paragraph 1.

Break time does not simply include on-hand time when not engaged in workTime guaranteed to leave work as a worker's rightThe other restraint hours are treated as working hours (September 22, 9, No. 13).Regarding the break time given during working hours, Article 17 states the following three principles.

  1. Principle of mid-term grant (1)
    Break timeIn the middle of working hoursIt is a violation of Article 34 to give at the beginning or end of working hours.There are no legal exceptions to this principle.
  2. Principle of simultaneous grant (paragraph 2)
    Break timeMust be given all at once..ただし当該事業所にHowever, at the relevant business establishmentLabor-management agreementThis does not apply if there is.This labor-management agreement must agree on "the range of workers who do not give breaks all at once" and "how to give breaks to the workers" (Rule Article 15).If there are dispatched workers, the dispatched employers must give them all at once, including the dispatched workers.If dispatched workers are not eligible for simultaneous grant,At the place of dispatchIt is necessary to conclude a labor-management agreement (June 61, 6, No. 6).For the following items, it is not necessary to give breaks all at once without concluding a labor-management agreement.
    • Underground labor(According to Article 38, Paragraph 2, it is calculated as working hours including breaks)
    • In the case of transportation, commerce, financial advertising, movie theater, telecommunications, health and hygiene, hospitality and entertainment, or public office business (Article 31 of the Regulations)
    At the beginning of the enactment of the law, administrative agencies (jurisdiction) apply exceptions to simultaneous breaks.Labor Standards Inspection OfficeLong)AuthorizationHowever, the permit system was abolished by the enforcement of the revised law in April 11, and exceptions can be applied by concluding a labor-management agreement according to the actual situation of the workplace after voluntary discussions between labor and management. (January 4, 11, No. 1).
  3. Principle of free use (paragraph 3)
    The user has a breakMust be used freely..However, it is permissible to add the restrictions necessary for maintaining the discipline of the business establishment as long as it does not impair the purpose of the break (September 22, 9, No. 13, the maximum judgment, December 17, 52).It is permissible to allow people to go out during breaks as long as they can rest freely in the workplace (October 12, 13, No. 23).The following items may not be used freely for breaks.
    • Persons working underground (calculated as working hours including breaks according to Article 38, Paragraph 2)
    • Police officer,Firefighter, Full-timeFire brigadeMember, associateFirst aid teamMember,Child independence support facilityPersons who work in the same home and live with children, and those who provide childcare as home-based childcare among the workers used in home-visit childcare business (multiple families for one child in the same home) (Except when childcare workers provide childcare at the same time) (Rule 33, Paragraph 1, Items 1 and 3)
    • Infant clinic-Orphanage・ Persons who work at facilities for children with disabilities who live with children (Rule 33, Paragraph 1, Item 2)
      • For persons who fall under Article 33, Paragraph 1, Item 2 of the Regulations, the employer must obtain the permission of the Chief of the Competent Labor Standards Inspection Office in advance in accordance with Form No. 13-5 regarding the number of persons, the number of children to be accommodated and the mode of work. Must be (Rule 33, Paragraph 2).
      • "Persons who live with children" does not include those who shift or commute.Childminder,nurseA person who lives with a child all the time (September 27, 9, No. 20).

It is a case law that even if there are working hours and resting hours such as hollows and naps, it cannot be said that a sufficient break is taken, and it is included in the working hours because it is in a waiting state.In addition, there is no law that does not require breaks, and it is said that labor productivity will be more efficient if given, leading to prevention of turnover and improvement of employee health.

It is not illegal to give a break to those who work 6 hours or less, and to give a 6 minute break to those who work 1 hours 8 minute or more and 45 hours or less.またAlsoNo matter how many hours of overtime work, it is not illegal to give one hour break(October 26, 10, No. 23).Even if it is a one-day and night shift system (when working continuously for two days), it is legally sufficient to give a one-hour break (May 5058, 1, No. 23).

The following persons do not have to be given a break.

  • Article 41 Applicable person
  • 列車,AutomobileEtc.driver-conductorEtc. crew (Train salespeople are not included in this), Those who are continuously on board for long-distance sections exceeding 6 hours, or those who cannot be given a break due to the nature of work, and whose total of stop time, waiting time, etc. corresponds to the legal break time (Rule 32)
  • Less than 30 indoor workersJapan PostAt the sales office (limited to those that perform postal service)PostThose engaged in the work of (Rule 32)

Takashi Sakamoto, a researcher at Recruit Works Institute (Tokyo), analyzes the details of the national "Basic Survey on Social Life" every five years. The percentage of people who worked from noon to 5:2016 pm in 1 was 35.4%, an increase of 2011 points from 32.2 (3.2%). "I think more people have to work during the time when they should take a break to get the job done while overtime is reduced."[9].

Calculation and range of working hours

Article 38 (Time calculation)

  1. Working hours are totaled for the application of regulations regarding working hours, even if the workplaces are different.
  2. Underground laborWith regard to, the time from the time when the worker enters the wellhead to the time when the worker leaves the wellhead is regarded as working hours including the break time.However, in this case, the provisions regarding breaks in Article 34, Paragraphs 2 and 3 do not apply.

For details of the provisions of Article 38, Paragraph 2,Underground labor #working hoursSee.

Total working hours

In the case of "different business establishments",Different business ownersIncluding cases (May 23, 5, No. 14).For example, if you work for 769 hours under employer A and then are hired by employer B to work, B will have 8 agreements, etc.overtime workPrescribed procedures related to (October 23, 10, No. 14) are required.When dispatched workers are dispatched to multiple business establishments one after another within a certain period of time, the hours worked at each business establishment are added up for the application of the provisions for working hours (2117 61). No. 6 from the 6th of March).

When a worker falls under the category of "workers to whom the working hours regulations stipulated in the Labor Standards Act are applied" at multiple business establishments with different business owners, they are subject to the provisions of Article 38, Paragraph 1. The total working hours at multiple business establishments.If any of the following applies, the time shall not be totaled (Reiwa 2nd September 9, 1 No. 0901).

  • When the law does not apply (eg freelance, independence, entrepreneurship, joint management, advisors, consultants, advisors, directors, auditors, etc.)
  • When the law is applied but the working hours regulation is not applied (Articles 41 and 41-2) (Example: Agriculture / Livestock industry / Sericulture / Fishery industry, Management supervisor / Confidential office worker, Monitoring / Intermittent Workers, highly professional system)

As a rule that applies to the total working hours,Legal working hoursIn the application, the working hours at one's own business establishment and the working hours at another employer's business establishment shall be totaled.Of the overtime work, the total of overtime work and holiday work is less than 100 hours per month, and the average of 80 hours or less per month (Article 36, Paragraph 6, Items 2 and 3) is the actual work of each worker. Focusing on time, it regulates the employer who uses the individual, and in its application, the working hours at one's own workplace and the working hours at other employers' workplaces are totaled.Exemption (Article 36, Paragraph 3) or postponement of application (Article 5) of the upper limit of overtime work (Article 6, Paragraphs 2 to 3 and 36 (limited to the part pertaining to Items 11 and 139)) With regard to the business / business subject to Article 2, Article 140, Paragraph 2, Article 141, Paragraph 4 or Article 142), the legal working hours shall be applied to the working hours at one's own business site and the business of other employers. The total working hours in the field (2 No. 9 issued on September 1, 0901nd year of the Ordinance).

As a rule that is not totaled, out of overtime workXNUMX agreementRegarding the time limit that can be extended by (Article 36, Paragraph 4) and the upper limit of the extension time for one year when special provisions are provided in the 1 Agreement (Article 36, Paragraph 5), 36 at each business establishment. It regulates the contents of the agreement and sets the extension time at each business site.In addition, since the extension time specified in the XNUMX Agreement is set by the time for each business establishment, whether or not the overtime work at each business establishment is within the extension time specified in the XNUMX Agreement is determined. The working hours at one's own workplace and the working hours at another employer's workplace should not be added up.break,Days Off,Annual paid leaveRegarding, it is not a provision regarding working hours, and in its application, the working hours at one's own business establishment and the working hours at other employers' business establishments shall not be totaled (No. 2 No. 9 issued on September 1, 0901nd year of Ordinance). ).

The employer shall confirm the existence and contents of side jobs and side jobs by reporting from the worker.As a method of doing so, a notification system regarding side jobs / side jobs is stipulated in work regulations, labor contracts, etc., and notifications are made when a worker who has already been hired starts a new side job / side job, or when a new worker is hired. It is conceivable that it is based on a notification from a worker about a side job or a side job.In order to properly manage labor associated with side jobs and side jobs, it is desirable for employers to establish a mechanism for confirming the existence and content of side jobs and side jobs, such as a notification system (Reiwa September 2, 9nd year). Basic 1 No. 0901).

All employers who use workers who perform side jobs or side jobs (excluding those related to the above-mentioned work, etc. listed as cases where working hours are not totaled) are, respectively, pursuant to the provisions of Article 38, Paragraph 1. It is necessary to manage the working hours at one's own workplace and the working hours at another employer's workplace in total.The total working hours shall be calculated by adding up the working hours at one's own workplace and the working hours at the workplaces of other employers ascertained by the declaration from the worker.If there is no declaration from the worker, the total working hours are not required, and even if the working hours at the workplace of another employer grasped by the declaration from the worker are different from the facts. It suffices if the total working hours are calculated based on the reports from the workers.The total working hours shall be calculated by adding up the working hours at the workplaces of other employers ascertained by the declaration from the worker, etc., based on the working hours system at the workplace.Even if the starting date of weekly working hours or the starting date of monthly working hours differs between your own business establishment and the workplaces of other employers, it is based on the starting date in the working hours system of your own business establishment. , Add up the working hours in each period calculated from it.Overtime is the portion of the working hours of one's own business establishment and the working hours of other employers that exceeds the legal working hours in the working hours system of one's own business establishment. September 2, 9nd issue 1 No. 0901).

Inactivity time etc.

The working hours in Article 32 means that the worker is the employer.Explicit or implied instructionsBy the workersUnder the command of the userRefers to the time placed in (the first oval, March 12, 3)[10], The first oval October 56, 10[11]).労働時間に該当するかどうかは、労働者の行為が使用者の指揮命令下におかれたと評価することができるかどうかによってWhether or not it corresponds to working hours depends on whether or not the worker's actions can be evaluated as being under the command of the employer.Determined objectivelyIs a thingLabor contract,Labor regulations,Collective agreementEtc.It is not determined by the rules..労働者が使用者によって直接的に強制されている、つまり使用者の指揮監督下にある行動に要する時間は基本的に全て労働時間に該当するThe time required for an action in which a worker is directly forced by an employer, that is, under the command and supervision of an employer, is basically all working hours.[10][11].

Preparation before workcleaningBesidesMorning assemblyTime required for work, time required for closing and cleaning up after work, changing to designated uniforms and work clothes (or changing to commuting clothes after work), time required for putting on and taking off equipment, work from the changing room, etc. The round-trip travel time to the place is also included in the working hours as long as the worker is placed under the command of the employer.[10]..If the work regulations stipulate that work should be started at the same time as the start time, the start time of work (including changing clothes) is the starting point of working hours, and the time from the introduction to the company to the start time. Does not correspond to working hours (Tokyo High Court, October 59, 10).

Participation in the morning assembly and the final ceremony is voluntary for workers,volunteerIn the case of cleaning in, it is not included in the working hours because it is understood that it is not under the command of the employer without direct coercion.However, even if those actions are voluntary for the worker, if the employer treats the non-participating worker unfavorably, he / she is effectively directly forcing it and is placed under the command of the employer. Since it is understood that it is, it will be included in the working hours (July 23, 7, No. 13 and No. 1018).

Break timeIs not included in working hours.However, even if it is a de facto break time, if the worker is placed under a certain command of the employer, it is not considered as a break time and is included in the working time.When responding to visitors or making phone calls during breaks (April 23, 4, No. 7, March 1196, 63, No. 3)[12], Hours in which you are not working under the employer or supervisor but are ready to work (waiting time example:TaxiWaiting time for customers.As long as he was ordered to go to work and was detained in a certain place, such time is included in the working hours.

According to the Industrial Safety and Health LawSpecial health checkTime required to carry outSafety and health educationTime required to carry outSafety Committee / Hygiene CommitteeThe time required for the implementation of is treated as working hours (September 47, 9, former Ministry of Labor Labor Standards Bureau Director's Name Notification No. 18).On the other hand, the time of general health examination by the same law and after thatInterview guidanceAs a matter of course, it does not become working hours, and it is left to labor-management consultation whether or not to treat it as working hours.

Night shift work, etc.napAs for the time, if there is an obligation to deal with anything within that time, it is said that it is "under command" and it is considered as working time (Taisay Building Management Case, Heisei Supreme Court). February 14, 2).However, from the Labor Standards Inspection Office, "Exemption for persons engaged in surveillance / intermittent workThe normal working hours regulations will no longer apply to business establishments that have received the permission, and nap hours will not be the legal working hours (described later).

Whether or not the time not engaged in actual work (hereinafter referred to as "inactive time") corresponds to the working time under the Labor Standards Act was placed under the command of the employer during the inactive time. Depending on whether it can be evaluated as a thingObjectivelyIt is decided.Even if it is inactive hours, it does not correspond to working hours if the release from labor is guaranteed, but if the release from labor is not guaranteed, it corresponds to the working hours under the Labor Standards Act.Just because a worker is not engaged in actual work does not mean that he or she is out of the command of the employer.And if it is evaluated that the provision of services under the labor contract is obligatory at that time, it cannot be said that the release from labor is guaranteed, and the worker is under the command of the employer. In this case, it corresponds to working hours.Participation in training / education and training that is obligatory for work, and learning necessary for work according to the instructions of the employer are treated as working hours (working on January 29, 1). Guidelines on measures that users should take to properly grasp the time).

Exceptions / exemptions for working hours

Article 40 (Special provisions for working hours and breaks)

  1. Attached table XNUMXBusinesses other than the businesses listed in items 1 to 3, 6 and 7, which are necessary to avoid inconvenience to the public and other special needs, are inevitable limits. Therefore, the provisions regarding working hours from Article 32 to Article 32-5 and the provisions regarding breaks in Article 34 can be stipulated by the Ordinance of the Ministry of Health, Labor and Welfare.
  2. The other provisions under the provisions of the preceding paragraph shall be close to the standards stipulated in this Act and shall not impair the health and welfare of workers.

Less than 10 people at all timesFor the following types of business that use workers from 13 (Heisei XNUMX)2001 ) 3 hours of working hours per week until March 31st, 1 week from April 46st, 1344 hoursIt is recognized as a special case of (Special business, Rule 25-2).Even with these special cases, the modified working hours system is monthly orFlextime systemIt is permitted only (limited to those with a clearing period of one month or less) (January 1, 63, No. 1). Under the one-year and one-week variable working hours system and the flextime system with a clearing period of more than one month, even special projects are 1 hours a week.

  • Commerce (Appendix No. 8 No. XNUMX)
    • Wholesale, retail, hairdressing, warehouse, parking lot / real estate management, publishing (excluding printing department), etc.
  • Movie theater industry (Appendix 10 No. XNUMX)
    • Cinematography, theater, and other businesses (howeverExcluding movie making and video production)
  • Health and hygiene industry (Appendix No. 13)
    • Hospitals, clinics, dental clinics, nurseries, elderly housing with care, baths (howeverPrivate room bathExcluding) etc.
  • Customer service entertainment business (Appendix No. 14 No. XNUMX)
    • Ryokan, restaurants, golf courses, parks, amusement parks, etc.

満18歳未満の年少者については、特例事業であっても週40時間となり、変形労働時間制も適用しない(第60条、61条)。代わりに、満15歳以上(満15歳に達した日以後の最初の3月31日までの間を除く)の者については、週40時間を超えない範囲内において、1週間のうち1日の労働時間を4時間以内に短縮する場合において、他の日の労働時間を10時間まで延長することは認められる(第60条3項)。

Article 41 (Exclusion from the provisions regarding working hours, etc.)

This chapter, Working hours specified in Chapter 6 and Chapter 6-2,breakas well as the Days OffThe provisions regarding the above do not apply to workers who fall under any of the following items.
  1. Attached table XNUMXPersons engaged in the businesses listed in No. 6 (excluding forestry) or No. 7
  2. Persons in supervisory or administrative positions or those who handle confidential affairs regardless of the type of business
  3. Persons engaged in surveillance or intermittent labor whose employers have obtained permission from government agencies

Article 41 Applicable persons may be allowed to work beyond the legal working hours, and for overtime work and holiday workPremium wageThere is no obligation to pay.Also,Legal breakIt is not illegal even if you do not give a holiday.on the other hand,Midnight work,Annual paid leave,Maternity leave, Childcare time,Menstrual leaveThe provisions of are also applied to these persons (March 63, 3, No. 14).また労働時間に係る規定が適用されないこれらの者やIn addition, these persons to whom the regulations regarding working hours do not applyDeemed working hours systemSince it is necessary to ensure the health of workers to whom the above applies, it is the responsibility of the employer to manage working hours appropriately (January 29, 1 Used for proper understanding of working hours). Guidelines for measures that a person should take).

Person in supervisory or administrative position

The provisions of this Convention apply to those who are in a management position.
Or, do not apply to those who handle confidential office work.
ILO Convention No. 1 Article 2 (a)

"A person in a supervisory or administrative position" isPersons who are in an integrated position with management regarding determination of working conditions and other labor managementSay.ILO Convention No. 1Corresponds as it is[13].

Specifically, in light of job content, authority and responsibility, how they are involved in the business management of the entire company, whether their working style does not conform to regulations on working hours, etc., salary and temporary From the point of view of whether or not the treatment is appropriate for the management supervisor in money, etc.Judgment should be made according to the actual situation regardless of the name of qualification and position(No. 22 from September 9, 13, No. 17 from March 63, 3)[14]..Not all managers and supervisors are allowed to be treated exceptionally as long as they are officials appointed by the company due to personnel management or business policy needs.Among these officials, they have important responsibilities and duties that must be requested to work beyond the framework of regulations regarding working hours, breaks, holidays, etc., and the actual working style is also The purpose is that the exemption under Article 41 is permitted only for those who are not familiar with the regulations such as working hours.

Industrial Safety and Health ActStipulated inSafety manager-Hygiene managerWhether or not a person falls under the category of "person in supervisory or administrative position" is determined by the labor mode of each individual manager (December 23, 12, No. 3).

In the retail business, restaurant business, etc., in the relatively small stores of companies that develop a considerable number of stores in the form of so-called chain stores and carry out business activities, a small number of full-time employees such as store managers and a large number of part-time workers Although the actual situation of operation can be seen, whether or not the store manager, etc. of this store falls under the management supervisor is judged as follows based on the actual situation at the store (20, September 9, 9). issue).In addition, the following contents are all related to the factors that deny the managerial supervisory nature, but even if these negative factors are not recognized, the managerial supervisory nature will be immediately affirmed. It's not a thing.

  • Recruitment of part-time workers, etc. belonging to the store (including cases where only personnel are selected)DismissalIn the absence of substantial responsibility and authority for, it is an important factor in denying management oversight.
  • If there is virtually no responsibility or authority to create a work schedule or order overtime work at a store, it is an important factor in denying management supervisoryness.
  • If you are treated unfavorably, such as sanctions for pay cuts due to being late or leaving early, or negative evaluation in personnel evaluation, it will be an important factor to deny management supervisoryness.However, even managers and supervisors grasp and manage working hours from the perspective of preventing health problems due to overwork and paying extra wages for late-night work, so they receive grasp and management of working hours from these perspectives. If this is the case, it will not be an element that denies management supervision.
  • For example, if you have to stay in the store during business hours, or if you have to work for a part-time job or other part-time worker yourself, you have to work long hours. In reality, when it is recognized that there is little discretion regarding working hours, it becomes a reinforcing factor that denies management supervisoryness.
  • Although he also performs duties as a manager and supervisor, if he / she is engaged in work according to the manual distributed by the company and the same working style as subordinates who are regulated by working hours occupies most of the working hours. , It becomes a reinforcing element that denies management supervisoryness.
  • It is acknowledged that preferential treatment such as basic salary and job title allowance is not sufficient considering that the provision of extra wages is exempted when the actual number of working hours is taken into consideration, and there is a risk of lack of protection for the worker. When it is done, it becomes a reinforcing element that denies management and supervision.
  • The total amount of wages paid in one year is less than or equal to the total amount of wages of general workers of the company including other stores, even though there are no special circumstances such as years of service, achievements, professional occupations, etc. In some cases, it becomes a reinforcing factor that denies management supervision.
  • As a result of being forced to work long hours as a matter of fact, if the wage amount converted to the hourly unit price is less than the wage amount of part-time workers belonging to the store, it becomes an important factor to deny the managerial supervisory nature. ..In particular, when the wage amount converted into the hourly unit price is less than the minimum wage amount, it becomes an extremely important factor to deny the managerial supervisory nature.

Person who handles confidential office work

"A person who handles confidential office work" issecretaryOther duties are inseparable from the activities of the supervisor and are not familiar with strict working hours management (No. 22 issued on September 9, 13).

Persons engaged in surveillance or intermittent labor

A permit pursuant to the provisions of Article 41, item 3 must be obtained from the director of the competent labor standards inspection office in accordance with Form No. 14 regarding the mode and number of workers engaged (Rule 34).

A "person engaged in monitoring" is permitted for a person who is in a certain department and whose original work is monitoring, and who normally engages in work with less physical fatigue or mental tension.Therefore, the following persons are not permitted (No. 22 from September 9, 13, No. 17 from March 63, 3).

  • Work with high mental tension such as traffic-related monitoring and parking lot monitoring for vehicle guidance
  • プ ラ ン トBusiness to monitor instruments as normal
  • Work in dangerous or harmful places

「断続的労働に従事する者」とは、休憩時間は少ないが手待ち時間が多い者をいう。その許可はおおむね以下のような取り扱いとなる(昭和22年9月13日発基17号、昭和23年4月5日基発535号、昭和63年3月14日基発150号)。

  • Repair staff, etc. are usually out of business, but those who wait in case of an accident are permitted.
  • DormitoryManciples, etc. are allowed up to 8% of the working hours and the waiting time based on the working hours of the person.However, if the total actual working hours exceeds XNUMX hours, it is not necessary to allow it.
  • TrainRailroad crossingAs for the number, etc., the daily traffic volume is allowed up to about 1 round trips.
  • OtherDo not allow persons engaged in particularly dangerous work(As a specific exampleTaxiDriver (April 23, 4, No. 5), always availableFire brigadeEmployees (May 23, 5, No. 5), dangerous workers such as maintenance of high-voltage lines[15](November 23, 11, No. 25)).
  • If intermittent work and regular work are mixed in a day or repeated day by day, it is not necessary to allow it (for example, as a specific example).newspaper deliveryMember (February 23, 2, No. 24)).
  • Dispatched workers are not obligated based on the provisions such as working hours when the dispatched worker is engaged in the work related to the permission when the dispatched company receives a permit.If you have already obtained a permit, you do not need to obtain a separate permit for the dispatched worker (June 61, 6, No. 6).
  • School excursion,HikingThe lead and attendant work bears extremely important responsibilities such as achieving educational effects for children and students, preventing dangers, and implementing post-mortem measures against the dangers that have arisen, and causes constant physical and mental tension and consequent fatigue. It is recognized that the labor density is not something that falls under the category of "surveillance or intermittent labor" (Shizuoka City Elementary and Junior High School Faculty and Staff Case, Supreme Court, December 47, 12). ).

"Engaged in monitoring or intermittent labor" does not necessarily mean that it is the original work, but also includes the case of engaging in incidental work outside the original work such as night shift work (August 35). Month 8, basic income No. 25).If the employer obtains the permission of the director of the competent labor standards inspection office in accordance with Form No. 6438 for intermittent work on night shift or day shift, the workers engaged in this shall be stipulated in Article 10. Regardless, it can be used (Rule 32)[16].

Advanced professional system

With the enforcement of the revised law in April 2019 (Heisei 31), Article 4-41 was added to the Labor Standards Law.Advanced professional systemWorkers with a high degree of specialized knowledge, a clear range of duties, and meeting certain annual income requirementsForLabor-Management CommitteeBy taking the prescribed measures on the premise of the resolution of the worker and the consent of the worker himself / herself, the working hours stipulated in the Labor Standards Law,break, Holidays and midnightPremium wageIt is a system that does not apply the provisions regarding (March 31, 3, 25 No. 0325).Article 1 Unlike applicable persons, the provision of extra wages for late-night work is also exempted, but the provision of annual paid leave is applied in the same way as ordinary workers.

Save time

Inter-working interval

Due to the enforcement of the revised law in April 31Inter-working intervalIt became an obligation of the business owner to make efforts to secure the above.

The inter-working interval is to secure the working time and sleeping time of the worker by providing a rest time of a certain time or more after the end of work.[17]..残業が長引いた場合でも睡眠時間を確保し労働者の健康を維持すること、集中力アップによるSecuring sleep time and maintaining the health of workers even if overtime is prolonged, by improving concentrationProductivityThe main aim is to improve the number of employees and curb long working hours.[18]..Working hours improvement setting method (Act on Special Measures concerning Improvement of Working Hours etc.), The word "setting the time from the end of work to the start of work necessary to ensure health and welfare" was added to Article 2, which stipulates the responsibilities of business owners.

Provisions under the Child Care and Nursing Care Leave Law

The employer is the worker he employs (Those who are hired every dayOf)Raising children under 3 years oldA worker who doesChildcare leaveBased on the worker's request for those who do not (excluding workers whose prescribed working hours per day are 1 hours or less)Reduce regular working hoursBy doing so, measures must be taken to make it easier for the worker to raise the child while working (Childcare Nursing Care Leave ActArticle 23, Paragraph 1).ただしHoweverLabor-management agreementBy stipulating in, the following workers may not be allowed to offer shortening measures.

  • Workers who have been continuously employed by the employer for less than one year
  • Workers with less than 1 working days per week
  • Workers engaged in work that is deemed difficult to take measures to shorten the prescribed working hours in light of the nature of the work or the implementation system of the work (if this person does not take the shortening measures, change the start time instead, etc. Must take measures)

The employer is one of the workers (excluding those who are hired daily) that he employs.Caring for the target family in need of long-term careFor a period of 93 consecutive days or more based on the worker's offerReduce regular working hoursAs a result, measures must be taken to facilitate the care of the target family while the worker is working (Article 23, Paragraph 3 of the Child Care and Long-term Care Leave Law).当該労働者はThe workerNursing care leaveApart from the number of days of acquisition, it is possible to use measures such as shortening the prescribed working hours for long-term care more than once in a period of 3 years or more.

The employer tells the worker that the worker has offered to shorten the prescribed working hours, or that the shortening measures have been taken.DismissalOtherDo not treat it unfavorably(Childcare and Nursing Care Leave Law, Article 23-2).

Regulations by the Seafarers Law

Sailor(Sailor LawThe provisions regarding working hours of the Labor Standards Act do not apply to seafarers stipulated in Article 1 (Article 116), but the Labor Standards Act separately provides provisions regarding working hours, etc.

  • The working hours per day of seafarers shall be 8 hours or less, and the working hours per week shall be 40 hours or less on average for the standard working period (Article 60 of the Seafarers Law).The term "standard working period" as used herein means the national land within one year or less according to the classification of the ship specified by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, taking into consideration the navigation area of ​​the ship, the route and other matters related to the period and mode of the voyage. The period specified by the Ordinance of the Ministry of Transport (when the ship owner sets a different period within the range of the relevant period due to work regulations or other equivalents, or the labor agreement sets a different period within one year or less. In each case, it means the specified period).In view of the peculiarities of seafarers' labor, working hours allocation different from that of ordinary workers is stipulated.
  • The ship owner shall not divide the rest time (meaning the time of the day excluding working hours) into three or more times a day and give it to the seafarers, and the ship owner shall prescribe in the preceding paragraph. When the rest time is divided into two parts per day and given to the seafarers, the rest time, whichever is longer, must be 3 hours or more.ただし、労使協定をHowever, a labor-management agreementMinister of Land, Infrastructure and TransportIn the case of notification to the seafarer (seafarer), the rest time shall be divided into three or more times a day, or the rest time, whichever is longer, shall be less than 3 hours, as stipulated in the agreement. In that case, it can be given to (limited to the following persons) (Article 6-65 of the Seafarers Act).
    • Seafarers engaged in work when it is necessary to increase the number of seafarers on duty because the vessel passes through narrow waterways, or when there is a special safety need specified by the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
    • If a ship that frequently enters and leaves the port due to regular short-distance service and other voyages are special, the seafarers will be engaged in extremely inappropriate duties under the provisions of the preceding two paragraphs. Seafarers on board a recognized vessel designated by the Minister of Land, Infrastructure, Transport and Tourism

Trends in Japan

1919 May 11, The 1st International Labor Organization (currently ILO) was held in Washington, USA, and a treaty stipulating working hours such as 1 hours a day was adopted.Labor exceeding 8 hours in Japan at that time[20]Is common, and has a history of being criticized by participating countries.

In the long run1960 (35) (2,432 hours) peaked aroundHigh economic growth periodWorking hours have been shortened.1975 It has been flat since (50) (2,064 hours).HeiseiAfter the period, it has been shortening again.1992 Due to the "Temporary Measures Law Concerning Promotion of Reduction of Working Hours" and its extension of the time-limited legislation enacted in (4)CabinetWe almost achieved the total annual working hours of 1,800 hours, which was the goal of the decision.However, this has remained almost unchanged for general workers (those other than part-time workers).1996 From around (8)part timeIt is thought that this is because the ratio of workers has increased, and the number of regular employees has continued to change around 2,000 hours even in the Heisei period.[21]. AlsoPercentage of workers who work 60 hours or more per week40%, especially for men in their 13.0s (2019)[21]Climbing toProgress of long-short bipolar differentiation of working hours distributionAndAnnual paid leaveDue to problems such as a declining trend in the acquisition rate of the law, the law is amended to aim for voluntary improvement by labor and management instead of promoting time reduction by a uniform target (permanent as "Special Measures Law for Improvement of Setting of Working Hours, etc." ) Was done.

According to the Ministry of Health, Labor and Welfare's "Monthly Labor Statistics Survey", the total annual working hours in 2019 (the first year of Reiwa) is 30 hours for establishments with 1,734 or more employees and 5 hours for establishments with 1,669 or more employees. , Slightly decreased from the previous year[19].2013 Since then, it has continued to decrease slightly.[22]..Furthermore, according to a labor force survey conducted based on workers' self-reports, the annual working hours of non-agricultural and forestry workers in 2020 (Reiwa 2) is 1924 hours (h) / year, which is 2000 hours. (H) / It is less than 2018 after XNUMX[23][24]

Ministry of Health, Labor and Welfare "27 White Paper on Labor Economics"[25]According to the report, as the number of working hours per week increases, the percentage of workers who are dissatisfied with their satisfaction with working hours increases, and the percentage of those who are dissatisfied with 1 hours or less per week is 40%, while that with 17.0 hours or more per week is 60. It has risen significantly to%.In addition, the percentage of those who feel anxiety about their health increased significantly from 70.8% for 40 hours or less per week to 36.9% for 60 hours or more per week.

footnote

[How to use footnotes]
  1. ^ OECD (2021). Hours worked (indicator) (Report). OECD. two:10.1787 / 47be1c78-en. 
  2. ^ ILO Convention 1 -International Labor Organization
  3. ^ ILO Convention 30 -International Labor Organization
  4. ^ How's Life? 2020 Measuring Well-being (Report). OECD. (2020-03). Chapt.10 Work-Life Balance. two:10.1787 / 9870c393-en. ISBN 9789264781160. 
  5. ^ Labor Force Population Statistics Office, Census Division, Statistics Bureau, Ministry of Internal Affairs and Communications (October 2021, 1). “Labor Force Survey Basic Total 3-5 Average Weekly Working Hours and Average Monthly Working Hours by Age Group (All Industrial Workers and Non-Agricultural and Forestry Employers) (2000-) (DB, API) ”. General contact point for government statistics (e-Stat). 2021/1/31Browse.
  6. ^ Labor Policy Research and Training Organization (2019-11-20) (PDF, Excel). Data Book International Labor Comparison 2019 6. Working Hours / Working Hours System (Report). ISBN 978-4-538-49054-0. https://www.jil.go.jp/kokunai/statistics/databook/2019/ch6.html 2020/3/30Browse.. 
  7. ^ It should be noted that the data are prepared for time-series comparisons of one country and are not suitable for inter-country comparisons of average annual working hours levels for a particular year due to differences in data sources.
  8. ^ In the "Act on Special Measures Concerning Improvement of Setting of Working Hours, etc.", "working hours, etc." means working hours, etc.Days Offas well as the Annual paid leaveOther vacations (Article 1-2 of the same law).
  9. ^ June 2019, 5 Chunichi Shimbun 13 pages
  10. ^ a b c March 12, 3 Supreme Court First Small Court Judgment Mitsubishi Heavy Industries Nagasaki Shipyard & Machinery Works Case
  11. ^ a b October 56, 10 Supreme Court First Small Court Judgment Hino Motors Case
  12. ^ "Q7 What are the legal regulations regarding break times?(Japanese). Japan Institute for Labor Policy and Training (March 2011). 2011/10/30Browse.
  13. ^ Japan Institute for Labor Policy and Training, Yoichi Shimada "Thinking about white-collar exemptions: the philosophy and reality of US working hours legislation"Labor Policy Research and Training Organization," March 2006, p. 3.
  14. ^ An example of being recognized as a manager is as the second section chief of personnel affairs.nurseMedical corporation involved in recruitment and placement ofTokushukaiIn the case (Osaka District Court, March 62, 3), as an example that was not recognized,DirectorAlthough he was a factory manager, he was not invited to the board of directors and was not paid any executive compensation.TachibanaIn the case (Osaka District Court, May 40, 5), although he was the store manager, the authority was limited to the inside of the store and it was not recognized that he was given important duties and authority.Japan McDonald'sCases (Tokyo District Court, January 20, 1), etc.
  15. ^ Engaging in "dangerous work" stipulated in the Occupational Safety and Health Law does not immediately apply (November 23, 11, No. 25).
  16. ^ Article 23 of the Regulation is an interpretation provision pertaining to Article 41, Item 3 of the Law, and declares that the standard of working conditions is stipulated by "law" (cannot be obtained in the form of "order" etc.).Article 27 of the Constitution of JapanDoes not violate (August 35, 8, No. 25).
  17. ^ Inter-working interval systemMinistry of Health, Labor and Welfare
  18. ^ Yomiuri Shimbun May 2019, 5 Morning edition Social security
  19. ^ a b Labor Policy Research and Training Organization (2020). "Figure 1-2 Number of working hours per year (Excel, PDF) ”. 2020/3/31Browse.
  20. ^ Koshi Shimokawa "Environmental History Chronology Meiji / Taisho Edition (1868-1926)" p332 Kawade Shobo Shinsha November 2003, 11 National bibliographic number:20522067
  21. ^ a b Ministry of Health, Labor and Welfare (2020-10-30) (PDF). Reiwa 2nd Year White Paper on Prevention of Death from Overwork, etc. Chapter XNUMX Status of Working Hours, Mental Health Measures, etc. XNUMX Status of Working Hours, etc. (Report). Pp. 2-9. https://www.mhlw.go.jp/wp/hakusyo/karoushi/20/dl/20-1-1.pdf 2021/1/31Browse.. 
  22. ^ However, the answer that forms the basis of statistics is the so-called "Service overtimeIf you answer without including the time, the time will not be reflected in the statistics.
  23. ^ Labor Force Population Statistics Office, Census Division, Statistics Bureau, Ministry of Internal Affairs and Communications (October 2021, 1). “Labor Force Survey Basic Aggregation 2-3-2 Average weekly working hours and total weekly working hours by industry and employee status (2011-)-According to the 12th and 13th revised industry classifications (DB, API) ”. General contact point for government statistics (e-Stat). 2021/1/31Browse.
  24. ^ Yutaka Motokawa (October 2020, 10). “Catalog Working hours transition (comparison between countries)". Social facts data pictorial record. 2021/1/31Browse.
  25. ^ Ministry of Health, Labor and Welfare (2015-09) (PDF). 27 Edition Labor Economic Analysis-Labor Productivity and Response to Employment and Labor Problems-Chapter 3 Toward Realization of More Efficient Working Styles Section 2 Current Status and Issues of Working Styles from the Viewpoint of Both Labor and Management (Report). Pp. 130. https://www.mhlw.go.jp/wp/hakusyo/roudou/15/dl/15-1-3_02.pdf 2020/3/31Browse.. 

References

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