LPI-Japan begins to provide "IT basic learning materials" free of charge to learn the mechanism of IT from familiar services
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Employer under labor law
Labor Standards Act
Labor Standards Act(Act No. 10 of April XNUMX, XNUMX) Provided in Article XNUMX.user"About the obligations of each article of the Labor Standards Act"Responsible for performanceThe certification is based on the obligations of each article in each business regardless of the format of the department manager, section chief, etc.Are you given practically certain authority?Depending on whether or not, if such authority is not given and it is merely the communicator of the order of the superior, it shall not be considered as a user. (No. 22 from September 9, 13).WorkersemploymentNot only the business owner who conducts business, but also the person in charge of management together with the business owner (DirectorEtc.), labor personnel, personnel personnel, factory managers, etc., even those who are not employeesAnyone who acts on behalf of the employer with respect to matters relating to the workers of the business” is included.Depending on the situation, the person in charge of labor affairs, the person in charge of personnel affairs, the manager of the factory, etc. can be both an employer and a worker. The reason why "employer" is defined more broadly than "employer" is to ensure the effectiveness of the law by questioning the responsibility of those who actually acted.double penalty(Article 121) has been established, and it is a mechanism to pursue responsibility for violating this law not only to the actual perpetrator but also to the business owner..
Specific application depends on individual cases,
- Enrolled type secondedSecondedFor workers, the Labor Standards Law, etc. are applied to the seconded source and the seconded destination to the extent that a labor contract relationship exists.For transfer-type seconded workers, there is a labor contract relationship only with the seconded destination, so the Labor Standards Act, etc. is applied only to the seconded destination (No. 61, June 6, 6).
- When an application, etc. is obligatory for a business owner by the provisions of laws and regulations, office work for the application, etc.proxy OfDelegationReceivedSocial insurance laborerIf the applicant fails to make the application due to his / her negligence, the social insurance labor consultant shall be the "employer" referred to in Article 10 and the "agent, employee or other employee" referred to in both punishment provisions of each law. As a person who violates the obligation of the application, etc., he / she may be held liable based on the penal provisions and both penal provisions.In addition, in this case, if the business owner, etc. has the conditions for applying to the business owner, etc., such as giving necessary information to the social insurance labor consultant, usually, the necessary duty of care will be exhausted. It is considered that the employee is exempted from liability, but if it is not recognized that he / she has fulfilled the necessary duty of care, he / she may be held liable by the employer, etc. based on both punishment provisions. (March 62, 3, No. 26).
Minimum wage lawIn Article 2, "employer" is defined as "the employer stipulated in Article 10 of the Labor Standards Act", and the interpretation is the same as that of the Labor Standards Act.
Regarding the application of the Labor Standards Law to dispatched workers, in principle, the employer of the dispatching agency is in a position to take responsibility as an employer, but for some provisions, the dispatched laborer is responsible as an employer.
Exceptions to contracting business
- The projects specified by the Ordinance of the Ministry of Health, Labor and Welfare are severalContractIn the case of disaster compensation, the original contractor shall be regarded as the employer.
- In the case of the preceding paragraph, if the main contractor makes the subcontractor undertake the compensation by a written contract, the subcontractor shall also be the employer.However, two or more subcontractors must not undertake duplicate compensation for the same business.
- In the case of the preceding paragraph, if the main contractor receives a request for compensation, the subcontractor who has undertaken the compensation may be requested to make a notification first.However, the subcontractorbankruptcyThis shall not apply if the decision to start the procedure is received or the whereabouts are unknown.
"Business specified by the Ordinance of the Ministry of Health, Labor and Welfare" is the business listed in Appendix 3 No. 48 of the Labor Standards Act (construction, remodeling, preservation, repair, modification, destruction, dismantling or preparation of civil engineering, construction and other structures). (Article 2-87 of the Enforcement Regulations).In these businesses, it is customary to carry out multiple contracts such as subcontracting and subcontracting, but even if an employment contract is concluded between the subcontractor and the workers working under it, the actual command and supervision is the same. Often done by a contractor.Therefore, from the standpoint of protecting subcontracted workers, the provisions of Article 46 have been established, and regarding disaster compensation, the prime contractor is regarded as an employer and the subcontracted workers are liable for accident compensation.Even if the prime contractor proves that there is no use dependency with the subcontracted worker, he / she is considered to be the employer for disaster compensation and is liable for compensation (as a precedent, Tokyo District Court, December 12, 27). Day).
If the disaster-affected worker can make a claim to both the prime contractor and the subcontractor according to paragraph 2, paragraph 3 is so to speak to the prime contractor.Guarantor"Defense of notification"(Article 452 of the Civil Code) is the purpose of recognizing rights.However, unlike the guarantor, "Search defense(Article 453 of the Civil Code) is not permitted (Article 87 does not require "search"), and there is no exemption provision for the employer due to failure to notify, so the affected workers If the subcontractor does not compensate even if the subcontractor is notified (even if the subcontractor has the financial resources for compensation), the prime contractor must eventually compensate.
Labor contract law
- In this law, "employer" means the worker who uses it.wageRefers to the person who pays.
Labor contract lawThe "user" in Article 2 isParties to a labor contract with a "worker"It means "a person who pays wages to the worker who uses it".Therefore, in the case of a sole proprietorship, the sole proprietorCompanyOtherCorporationIn the case of an organization, it means the corporation itself.This is equivalent to the "business owner" in Article 10 of the Labor Standards Act, and is a narrower concept than the "employer" in the same Article (August 24, 8, No. 10 No. 0810).
Labor union law
Labor union lawDoes not have a definition for "employer", but the Trade Union Law does not have a justifiable reason for "employer".Collective bargainingTo refuse, etc.Unfair labor practices(Article 7 of the Trade Union Law).PrecedentThen,Labor contractEven if you do not hit the above employer, "if you were an employer under a labor contract in the near past or if you may become an employer in the near future" "basic workerWorking conditionsIf you are in a position where you can control such things realistically and concretely, you can be judged as an "employer" who is responsible under the Trade Union Law ("Asahi BroadcastingCase, maximum judgment February 7, 2).
User under the Civil Code
Road Traffic Law,Road transport lawAnd so onvehicle(Automobile) Users are specified,Car inspection certificateRegister as the "main user" in.It means a person who has the exclusive right to use the vehicle, apart from the owner of the vehicle.
Auto loanIn many cases, the owner (name) of the vehicle is the loan company, and the main user is the purchaser.After paying off the loan, the buyer is legally a third party unless he changes his name to himself.CounterCan not.
- ^ Only employees of the business fall under Article 121, "Persons who have committed violations" (No. 22 issued on September 9, 13).
- ^ Nozawa Kiroku Shoten / Sodeyama Construction CaseZenkiren