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👶 | "Work and child-rearing balance support seminar" held in Washi


Photo Held in the meeting room on the XNUMXth floor of Wakayama Big Ai in Tebira, Wakayama City

"Work and child-rearing balance support seminar" held in Washi

 
If you write the contents roughly
In the lecture, Mr. Iwata said about his company, which is in charge of construction such as road markings on the road, "In the past, it was a black company with a deficit of more than 300 hours after hours, but it has improved in the last 10 years and sales have improved. Has turned into the black with 2 times and 5 times profit, and as a result of taking paid leave, no employees have quit their jobs for the past 6 years. "
 

Learn about creating a work environment where you can continue to work vigorously while balancing work and child-rearing "Support for balancing work and child-rearing ..." → Continue reading

 Wakayama Broadcasting News


Wikipedia related words

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

Annual paid leave

Annual paid leave(ねんじゆうきゅうきゅうか)とは、Worker Of休 暇日のうち、userからwageが支払われる休暇日のことである。「年次」とある通り、1年ごとに毎年一定の日数が与えられる。paid holidays,annual leave,Annual leave,Closedなどといわれることが多い。 国際労働機関条約では年間あたり3労働週、欧州連合指令では年間あたり4週間を確保するよう規制されている。

Legal regulation

International treaty

Annual paid leave1936å¹´ OfInternational Labor Organization(ILO) Convention No. 52[1]Was determined by.

1970å¹´ILO Convention No. 6 was adopted at the 24th General Assembly on June 54[2].. This is the "Annual Paid Leave Convention (Revised Convention of 1970)"en: Holidays with Pay Convention (Revised), 1970"It is called. Convention No. 132 stipulates the following conditions for all employees except seafarers.[2].

  • Workers are entitled to annual paid leave for three working weeks per year (1 days for a 3-day system and 5 days for a 15-day system).
  • The competent or appropriate body of each country may allow the division of annual paid leave, but even then some of the division must be at least two consecutive working weeks.
  • Eligibility limits are set depending on the length of service, but they must not exceed 6 months.
  • Holidays and customary holidays should not be counted as paid holidays.
  • Absence due to certain illnesses and injuries can be counted as part of annual leave.

However, this annual paid vacation treaty has not been ratified by the United States and Japan and has not been applied.

European Union

European Union OfWorking hours directive(Working Time Directive 2003, 2003/88/EC) regulates that workers who meet the conditions in member countries are granted at least 4 weeks of paid leave.[3].

Article 7-Annual leave

Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and / or practice.

Member States must take the necessary measures to ensure that each worker has at least 4 weeks of annual paid leave, in accordance with the conditions of leave eligibility and grant provided by national legislation and/or practice.

— European Union Directive 2003/88 / EC[4]

In Europe, there is a system that depends on the country. In Japan, there is no legislation on private labor,[5], Holidays specified in the workplace, for example,National holidays,Company'sAnniversary of the founding,may Day,New Year's HolidayHowever, paid holidays are defined as cases in which all or a fixed amount (rate) of wages that is normally paid to workers who are closed on these specific holidays is paid. Countries with the most paid holidaysオーストリア-ポルトガル-イタリアIt's 13 days. Finland has 9 paid holidays, so 39 days are actually available.Italian Republic ConstitutionArticle 36 provides that workers have the right to weekly rest and annual paid leave, which cannot be waived.

Takuro Morinaga"European companies do not work overtime or work on holidays, and it is natural for them to fully consume their paid holidays, and they can take a summer vacation for a month."[6].. In Europe as a wholeminimum wageThere are many paid vacations and holidays. this is,French Revolution,Russian RevolutionOf workers and capitalistsClass struggleAs a result, workers have won the rights backed by history, and the values ​​of the people of the countries in which it is natural to enjoy such rights have taken root.

In Japan, workers can specify when to take paid leave, but in Europe paid leave is mandatory and workers cannot specify when to take paid leave.[7].

statistics

Percentage of workers who use up their paid leave

In Europe, the consumption rate of paid leave exceeds 90%, but in Japan, it has been around 2000% in the 47s.[8].

August 2010, 8,ReutersOf the research company(English edition)In cooperation with the government, it published the results of a survey and compilation of the percentage of workers who used up their paid leave in 24 countries. Japan was 33%, which was the lowest after being able to make a big difference between 22nd place Australia and 47% of South Africa.[9].

CountryRank (high order)Complete acquisition rate
France189%
アルゼンチン280%
ハンガリー378%
UK477%
スペイン
サウジアラビア676%
ドイツ775%
ベルギー874%
トルコ
インドネシア1070%
メキシコ1167%
ロシア
イタリア1366%
ポーランド
Chugoku1565%
スウェーデン1663%
Brazil1759%
India
カナダ1958%
アメリカ合衆国2057%
South Korea2153%
オーストラリア2247%
南アフリカ
Japan2433%

Number of paid vacation days paid and days taken

Travel agencyExpedia JapanHas published the results of a survey of the paid leave acquisition status in 12 countries including Japan. In the 2010 survey, Japan was the lowest (both average benefit days and average acquisition days were lowest).[10].

CountryRank (in order of average number of acquisition days)Average benefit daysAverage acquisition days
France137.434.7
スペイン231.928.6
デンマーク329.226.9
イタリア432.326.5
ノルウェー527.725.6
UK627.925.5
ドイツ727.625.5
スウェーデン827.424.2
カナダ919.717.5
オーストラリア102016.5
America1116.914
Japan1216.69.3

Japanese legislation

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

Annual paid leave was introduced in Japan after the war1947å¹´(Showa 22)Labor Standards Actby. At the beginning of the enactment, the Labor Standards Act set the minimum number of days to 52 days, following the minimum number of days (6 days) set in the ILO Convention No. 6 at that time.TreatyCorresponding to the increase in the number of days1988å¹´(63) Raised at least 4 days in April[13],at the same timeProportional grant,Planned grantThe regulation of was introduced. In Japan, however, ILO No. 52/132 Convention etc.ILO Convention on Worker ProtectionMost ofApproveI have not done it[2].. It is also a rule that is not found in other countries that a certain attendance rate is required to acquire the right.

Labor Standards ActArticle XNUMX The employer shall pay continuous or divided ten working days to workers who have continued to work for six months from the date of employment and have worked XNUMX% or more of all working days. I have to give a vacation.

Article 39 stipulates that the paid leave of a certain number of days is given every year for the purpose of recovering the mental and physical fatigue of workers, maintaining and cultivating the labor force, and contributing to the realization of a comfortable life.[14].. The annual paid leave is specified by the worker for the time of the leave, and is effective by the employer.Right to change seasonWhen the exercise of the right to change the season is notRelease conditionAs), and the annual paid leave is established, the labor obligation disappears for the specified day of the season. Naturally caused to workers by lawrightAnd, it does not occur only after waiting for workers' claims. No user permission or approval is required and there is no room for such an idea.[15][16].. When a worker requests to take annual paid leave, the "claim" is the designation of the time of the holiday, and the factor that the user judges when making this request is only whether or not to exercise the right to change the season. Is[15].. The annual paid leave is supposed to be given at the time when the worker requests it, so the employer shall not be given to the workers who have acquired the leave right that satisfies the prescribed requirements of this Article (Labor Standard Act Article 39). It is necessary to actively give this, but unless the worker specifically requests it, it is understood that the employer will not be liable for violating this article (Article 39 of the Labor Standards Act) without giving it. (Labor Law Commentary XNUMX, edited by Labor Standards Bureau, Ministry of Health, Labor and Welfare). When making a claim, the employer may ask the worker for the reason for the claim, but there is no law prohibiting this. However, the right to change the season cannot be exercised based on the reason for the request, and it can only be the reason for not exercising the right to change the season.

In the case of workers whose work days are specified by the shift system, it is not possible to specify the season of annual paid leave before the work days are specified by the shift. Even if the season is specified on a specific day before the work day is designated by the shift, if the particular day is designated as a holiday instead of being designated as the work day by the shift, that day will be designated as annual paid leave. Need not be treated as

For vacation matters,Labor regulationsIs an absolutely necessary item (Article 89), and the employer must state the matters concerning the annual paid leave in the work regulations. AlsoWorking conditionsの絶対的明示事項ともされていて(第15条)、使用者は労働契約締結に際して労働者に対して年次有給休暇に関する事項を書面で明示しなければならない。なお、管理監督者等の、いわゆるArticle 41 Applicable personにおいても、年次有給休暇の規定は適用される[17].

世界各国の年次有給休暇の取得率と比較して日本の年次有給休暇の取得率は並外れて低いことが問題視されており、こうしたことがLong working hoursや働きすぎを招いており、HealthHarm orMental illness(depressionEtc.) orDeath from overwork,Overworked suicideIt is believed that the workers leading up to are endless causes.2010年 OfEconomic and financial white paperでは「有給休暇の完全消化で大幅な個人消費の拡大が可能」としており。有給休暇の延べ残日数を1年で約450,000,000日程度と試算、これは1年を約365.25日とすると約12,320年120日になる。これが完全に消化されたと仮定して、雇用者1人につき1日当たり1,000円の追加的な消費が行われた場合、控え目に見てもGDPの約0.1%の個人消費が誘発され、長期の家族旅行などが追加的に行われるならより大きな効果も期待できるとしている[18][19].. Enforced in April 18Act on Special Measures concerning Improvement of Working Hours etc.Article 2 of the above, "In order to improve the setting of the working hours of workers employed by the employer, the employer sets the start and end times of workers according to the busy period of work, and annual paid leave. We must make efforts to develop an environment that makes it easy to obtain and take other necessary measures."

The nature of the right

使用者は、その雇入れの日から起算して6箇月間継続勤務し全労働日の8割以上出勤した労働者に対して、継続し、又は分割した10労働日の有給休暇を与えなければならない(第39条第1項)。1994年(平成6年)4月の改正法施行により、法制定当初からの「1年間継続勤務」から「6箇月間継続勤務」に要件を緩和した。

さらに1年間、8割以上継続出勤するごとに有給休暇は10労働日に加えて勤続2年6箇月目まで1労働日ずつ加算して付与され、勤続3年6箇月目からは2労働日ずつ加算して付与される。勤続6年6箇月経過時には20労働日に達し、以降は1年間の継続勤務ごとに20日を付与すればよい(第39条第2項)[20].. "8% attendance" is a condition of legislation that excludes those with a particularly low attendance rate in consideration of the attendance status of workers.[21].

The number of days to be granted is concretely shown in the table below under the current law. This number of days is strictly the minimum legal standard (Article 1) and cannot be reduced.

Number of years of continuous work0.5å¹´1.5å¹´2.5å¹´3.5å¹´4.5å¹´5.5å¹´More than 6.5 years
Minimum legal grant days10 Day11 Day12 Day14 Day16 Day18 Day20 Day
  • "Hiring date" is calculated from the date of starting employment. The employment start date is not the day of this hiring,Trial periodIf so, the start date of the trial period is the employment start date. If the hire date is uncertain, the business is obliged to confirm this[22].
  • "Continuous work" means the period of enrollment, so the employment form is not required.[23].. Therefore,PermanentNot onlyNon-regular employee((I.e.,Contract employee,part timer,Part-time jobEtc.), the right to annual paid leave will be legally established without exception if this condition is met.[24].. If the part-time job is switched to a full-time employee, or if the company is dissolved and the rights and obligations are comprehensively transferred to the new company, the working period will be totaled as long as the working relationship is substantially continued. If the company is dissolved and moves to another corporation that does not continue the rights relationship, it will be treated as a new employee of the new corporation and annual paid leave will not continue. In addition, even if the employee is on leave due to an injury or illness, if he/she returns to work, the leave period will be included in continuous work. If you work for the same company after a certain period of time after you leave the company, if there is no special circumstance that it is judged that employment before retirement and reemployment are continuing, it will be calculated from the reemployment period and total It is not done. If the dispatched worker terminates the employment relationship with the dispatching agency and is newly employed at the dispatching destination, the period of stay at the dispatching source does not have to be treated as continuous work related to the dispatching destination.
  • 「全労働日」とは、就業規則その他により労働義務のある日を指す(昭和33å¹´2月13日基発90号)。したがって、総暦日数から所定の休日(休日労働をさせた日を含む)、代替休暇取得日、正当なDispute, The number of days excluding the day of exercising civil rights and executing public duties (Article 7).
    1. 労働者の責に帰すべき事由によるとはいえない不就労日は、2.に該当する場合を除き、出勤率の算定に当たっては、出勤日数に算入すべきものとして全労働日に含まれるものとする。例えば、裁判所の判決により解雇が無効と確定した場合や、労働委員会による救済命令を受けて会社が解雇の取消しを行った場合の解雇日から復職日までの不就労日のように、労働者が使用者から正当な理由なく就労を拒まれたために就労することができなかった日が考えられる(平成25年7月10日基発0710第3号)。
    2. Even on non-working days that are not due to the reasons attributable to the workers, all days that are not appropriate to be included in the number of working days from the viewpoint of equity between the parties, such as the following days, are It shall not be included in working days.
      • Holiday due to force majeure
      • Business holidays due to user side, administrative holidays
      • Day when labor was not provided at all due to legitimate alliance or other legitimate dispute
  • 「出勤日」には、出勤したとみなす休業日を含む。具体的には、業務上の負傷による休業期間、Childcare leave(Childcare Nursing Care Leave Act第5条、平成5å¹´7月1日発基60号)、Nursing care leave(育児介護休業法第11条)、Maternity leave期間(第65条、昭和23å¹´7月31日基収2675号)、年次有給休暇取得日(昭和22å¹´9月13日発基17号)を指す。一方、休日労働をさせた日、Menstrual leave(Article 68)[25], The period of taking childcare leave (Article 16-2 of the Childcare Nursing Leave Act) and nursing leave (Article 16-5 of the Childcare Nursing Leave Act) will not be treated as having worked (Article 39, Article 8) Section).
  • 「8割以上出勤」について、8割以上出勤しなかった場合は、その年の分は付与されないが、そのことによって付与日数が変わるわけではない。したがって、勤続1年目出勤率8割以上、2年目8割未満、3年目8割以上の労働者に対しては、3年目の有給休暇はゼロ、4年目の有給休暇は12日(11日ではない)となる(昭和22å¹´11月26日基発389号)。
  • If there are many people with different rights generation dates, such as many mid-career hires, a standard date may be set once a year in order to avoid clutter, and all rights may be granted all at once (started March 1, 23). No. 3). However, due to differences in the date of joining the company, there should be no temporary workers who fall below the standard of leave prescribed by law. Therefore, for employees who have worked for less than one year, annual paid leave must be given, assuming that all remaining days are paid for by the employer. Also, for employees who have been working for less than 31 year, giving annual paid leave only to those who have an attendance rate of 513% or more in the period up to that point means that the person who has been in service for one year and the attendance rate of 1% has reached the annual level. Claiming the next paid leave will not be given and may be illegal.
  • When the number of days exceeding the above is agreed between labor and management, the excess days may be dealt with according to the provisions of labor and management regardless of Article 39. No., No. 23, October 3, 31). Since the Labor Standards Act does not make a particular distinction between the minimum number of standard days and the number of excess days, it is presumed that both will be treated in the same way unless the working rules etc. specify that they should be treated separately. Be understood as[26].
    • National Personnel Authority「令和元年度民間企業の勤務条件制度等調査」によれば、有期雇用従業員(労働時間が正社員の4分の3を超える従業員)を雇用する仕組みがある企業のうち、年次有給休暇が雇用当初から付与される企業の割合は20.0%となっている。また、年次有給休暇が雇用当初に付与される企業のうち、「年次有給休暇が雇用当初に付与されるための条件がない」とした企業の割合は82.7%となっている。さらに、有期雇用従業員の年次有給休暇が雇用当初に一律の日数で付与される企業について、その日数をみると、「10日」としている企業の割合が65.4%と最も多くなっている[27].

Providing annual paid leave proportionally

Specified number of working days per week is 1 days or less and prescribedworking timeWorkers with less than 30 hours, or those with a prescribed working day of 1 to 48 days and less than 216 hours a year, are given annual paid leave in proportion to the number of working days ( Article 30, paragraph 39, Article 3-24 of the Enforcement Regulations). This is called annual paid leave proportionally.

The table below shows the number of days of annual paid leave granted to workers who fall under the proportion of annual paid leave (Article 24-3 of the Labor Standards Law Enforcement Regulations).

Scheduled working days per weekScheduled working days per yearNumber of years of continuous work
0.5å¹´1.5å¹´2.5å¹´3.5å¹´4.5å¹´5.5å¹´More than 6.5 years
4 Day169 days-216 days7 Day8 Day9 Day10 Day12 Day13 Day15 Day
3 Day121 days-168 days5 Day6 Day6 Day8 Day9 Day10 Day11 Day
2 Day73 days-120 days3 Day4 Day4 Day5 Day6 Day6 Day7 Day
1 Day48 days-72 days1 Day2 Day2 Day2 Day3 Day3 Day3 Day

Even in the case of proportional assignment, since it is a minimum standard, if there are agreements between labor and management over the number of days exceeding the above, the excess days may be handled according to the provisions set by labor and management regardless of Article 39. Absent. Since the number of grant days is determined by the status of the right grant date, for example, even if a person who was eligible for proportional grant at the time of joining the company is no longer eligible for proportional grant on the six months elapsed (date of right grant). For example, annual paid leave shall be granted for 6 working days pursuant to paragraph 39 of Article 3 instead of paragraph 1. In addition, even if the prescribed number of working days is changed in the middle of the year, it will remain the same as the first number of days on which the right has arisen (the number of vacation days already given does not change)[28].

「労働時間は、事業場を異にする場合においても、労働時間に関する規定の適用については通算する。」(第38条1項)とされているが、年次有給休暇については、労働時間に関する規定ではなく、その適用において自らの事業場における労働時間及び他の使用者の事業場における労働時間は通算されない(令和2年9月1日基発0901第3号)。

Exception to vocational training

Certified vocational trainingReceiveMinorFor those who have been working for 6 months, 12 working days will be granted.After that, based on these 12 working days, they will be granted by adding 2 working day up to the 6th month of service, and 1 years of service. From the 3th month, it will be granted by adding 6 working days each. For continuous work of 2 years or more, in addition to 5.5 working days, add 1 working days every year (Article 12). Workers who are subject to special provisions for vocational training will be disadvantaged to general workers under certain working conditions. It is intended to be handled according to a high standard (Department No. 8, December 72, 22).

Number of years of continuous work0.5å¹´1.5å¹´2.5å¹´3.5å¹´4.5å¹´5.5å¹´More than 6.5 years
Minimum legal grant days12 Day13 Day14 Day16 Day18 Day20 Day20 Day

The claim for annual paid leave that was generated when the employee was a minor worker who is subject to special exceptions and was not exercised within that year, until the worker expires due to the two-year prescription, even if the worker is a minor worker. Even if it disappears, it will continue to exist without disappearing (May 2, 34, base number 5).

Grant on an hourly basis

2010å¹´4Due to the revised law that came into effect, annual paid leave, which was previously only allowed to be taken on a daily basis,Labor-management agreement[29]By concluding, it has become possible to obtain by the hour unit for up to 1 days per year (Article 5, paragraph 39). The same applies to workers eligible for proportional grants. However, it cannot be given as a systematic grant (May 4, 21, basic number 5). Because a labor-management agreement is required, this system cannot be used by workers only or by employers only. When a labor-management agreement is established, it is up to the worker to decide whether to obtain it daily or hourly.WillIt is due to (No. 21 from May 5, 29 base).

The following items must be specified in the labor-management agreement. The labor-management agreement does not have to be notified to the administrative agency.

  1. Range of workers who are entitled to paid holidays by the hour
    Since the coordination with the normal operation of the business is taken into consideration when acquiring the hourly unit, it is conceivable that, for example, an employee who engages in work requiring simultaneous work is not familiar with the hourly annual leave. It should be noted that the scope of the target workers cannot be determined according to the purpose of use.
  2. Number of days of paid leave (up to 5 days) that can be given in units of time
    "Within 5 days" will be judged including the amount carried over from the previous year.
  3. Hours of paid leave per day that can be given in hours
    How many hours a year's paid leave corresponds to an hourly annual leave will be determined based on the prescribed number of working hours of the worker, but the fraction of the prescribed number of working hours is less than 1 hour. Make an agreement so as not to be detrimental to a certain worker, and do not fall below the prescribed number of working hours per day (Article 1-1 of the Regulation). Specifically, fractions less than one hour need to be rounded up to one hour.
  4. If paid vacation is given in units other than one hour, the number of hours
    If a unit other than one hour, such as two hours or three hours, is set as the unit, and if a number of hours equal to or exceeding the specified number of working hours per day is agreed, it will be practically impossible to take annual leave. Since it will be possible, the unit of time and annual leave will be less than the specified number of working hours per day.

Systematic grant of annual paid leave

Employer is a labor-management agreement[29]により、年次有給休暇の日数のうち5日を超える部分を労働者の請求する時季によらず、労使協定で定めた計画的時季に付与することができる(第39条第6項)。これを年次有給休暇のPlanned grant,計画年休などという。昭和63年の改正法施行により導入された。その趣旨は、日本における年次有給休暇の取得率が、完全取得が原則である欧米諸国と比べてきわめて低い水準にとどまっていることにかんがみ、年次有給休暇の取得率を向上させ、労働時間短縮を推進するためには、職場において、労働者が自己の業務を調整しながら、気がねなく年次有給休暇を取得できることとすることが有効であることから、労働者の個人的事由による取得のために一定の日数を留保しつつ、これを超える日数については、労使協定による計画的付与を認めることとしたものである(昭和63年1月1日基発1号)。

計画的付与の方式としては、事業場全体の休業による一斉付与方式、班別の交替制付与方式、年次有給休暇付与計画表による個人別付与方式等が考えられるが、それぞれの場合に労使協定において定められるべき事項としては、次のものが考えられるものであること。なお、特別の事情により年次有給休暇の付与日があらかじめ定められることが適当でない労働者については、年次有給休暇の計画的付与の労使協定を結ぶ際、計画的付与の対象から除外することも含め、十分労使関係者が考慮する(昭和63年1月1日基発1号)。

  • 事業場全体の休業による一斉付与の場合には、具体的な年次有給休暇の付与日
  • 班別の交替制付与の場合には、班別の具体的な年次有給休暇の付与日
  • 年次有給休暇付与計画表による個人別付与の場合には、計画表を作成する時期、手続等

計画年休で日付が特定されると、その後に事情が変わったとしても、使用者からも労働者からも、また両者が合意したとしても、その日付を変更することができない(昭和63年3月14日基発150号)。Flextime systemの適用を受ける労働者であっても同様である。いいかえれば、毎年度最低5日分の年次有給休暇は純然たる個人的利用に委ねられる。計画的付与は、当該付与日が労働日であることを前提に行われるものであり、退職予定者については退職後を付与日とする計画的付与はできない。請求しうる年次有給休暇日数が5日以下の労働者については、計画的付与の対象とすることはできないが、年次有給休暇の日数が足りない、あるいはない労働者を含めて年次有給休暇を計画的に付与する場合には、付与日数を増やす等の措置が必要なものであること(昭和63年1月1日基発1号)。

The labor-management agreement does not have to be notified to the administrative agency. In addition to the exemption effect of not being subject to the penalties for violating the Labor Standards Act, the agreement also has the effect of extinguishing the worker's right to specify the season and the user's right to change the season with respect to the planned grant. In addition, if all employees are allowed to take a leave by the agreement, the person who is not entitled to annual paid leave will be given a leave(I.e.Must be paid (Article 26, March 63, March 3, 14, No. 150).

Act on Special Measures concerning Improvement of Working Hours etc.Requires the employer to make an effort to utilize the systematic granting system in accordance with the guidelines for appropriately dealing with the responsibilities of the employer, etc. (Article 4 of the same law, December 22, 12 No. 9).

Right to change season

In principle, the employer must give paid leave at the time when the worker requests it (“time” in the legal sentence, not “time”) (Article 39, paragraph 5). The employer may exceptionally give this during other seasons if the paid leave during the season requested by the worker interferes with the normal operation of the business (Article 39 paragraph 5 proviso) .. This is called the season change right. When it is necessary to maintain the normal operation of the business, it is possible to exercise the right of seasonal change even if it is changed over the year or when it is against the will of the worker (July 23, 7, No. 27) .. You can also change the billing on an hourly basis. However, it is not possible to change the daily bill to the hourly unit or the hourly bill to the daily unit (May 2622, 21, 5).

時季変更権の行使要件は「事業の正常な運営を妨げる場合」であり、個別的具体的に客観的に判断される。単に業務多忙という理由では行使はできない。代替勤務者の確保や勤務割を変更するなどの努力せずして時季変更権の行使は許されない(横手統制電話中継所事件、最判昭和62年9月22日)。なお派遣労働者の場合は、「事業の正常な運営」の判断は、派遣元の事業についてなされる(昭和61年6月6日基発333号)[30].

The right to change the season given to the employer is literally the right to change the season to give paid leave, not the right to refuse the request from workers to take paid leave.[31].Exception to disputeThe employer does not have any veto power, except for[15][16]There is, of course, no room for later cancellation of paid leave due to workers' claims.[15][16].. If the employer exercises the right to change the season after deciding to give paid leave as requested by the worker without exercising the right to change the season, he/she may not be authorized to exercise the right to exercise the right to change the season. Unless the rights are exercised, the right to change the season cannot be exercised (All Nippon Airways (Osaka Airport Branch) case, Osaka District Court, September 10, 9).

When exercising the right to change the season, it is said that the leave must be given as soon as possible after the reason has disappeared (July 23, 7, No. 27). There is a high court precedent that it is not necessary to specify an alternative date at the same time if the worker is not allowed to use it on the date specified by the exercise of this season change right (JR East Japan (Takasaki vehicle ward/annual leave) case, Tokyo High Court August 2622, 12). The case says that the company does not obligate workers to specify a different season even if they change the season when they take annual leave.

In the case of hourly annual leave, even when exercising the right to change the season, the labor-management agreement must be established in advance to determine the hours during which the hourly annual leave cannot be obtained, and the hourly annual leave can be obtained midway through the prescribed working hours. It is not allowed to restrict what to do or limit the number of hours that can be acquired in one day (May 21, 5 Kiseki 29).

However, if the employer exercises the right to change the season, it is a civil matter to decide whether or not it is appropriate.Therefore, the Labor Standards Inspection Office does not have the authority to make the decision, and the worker denies the right to change the season. to do so,Prefectural Labor BureauIt is necessary to file a petition for mediation, etc., and ultimately a court decision. Therefore, it is difficult to force the user to take annual paid leave if the user exercises the right to change the season regardless of the reason.

If you can refuse to claim your annual paid leave

The purpose of the worker's annual paid leave request is to the place of business to which the worker belongsDispute(strikeEtc.), the user can refuse this (may accept)[16](Basic income No. 27 on July 7, 25). If a worker participates in a dispute on that day, even after the employer has already approved the annual leave, it is not illegal for the employer to treat that day as annual paid leave. The same applies when there is no request for annual paid leave until the day of the dispute and there is an application for transfer later.

When a worker submits a leave at the workplace to which he or she belongs in order to hinder normal operation of the work and abandons the workplace, it is nothing but a strike hired for annual paid leave. Not paid annual vacation[15].

The exception to this is only if the worker participates in a strike against the place of business. Excluded if workers claim annual paid leave to participate or engage in strikes of other business entities[15].. In addition, if the act of dispute takes place during a time when the worker is not obligated to work, the annual paid leave shall not be used for the act of dispute (August 42, 8, base number 11).

Claim long-term and consecutive annual paid leave

When a worker tries to take long and consecutive annual paid leave, the longer it is, the more difficult it is to secure a substitute worker, which hinders the normal operation of the business. It is understood that there is a high probability that this will lead to an accident, and it is usually necessary to coordinate with the employer's business plan and other workers' vacation plans in advance. If a worker designates long-term and consecutive annual paid leave as seasons without undergoing such adjustment, what kind of obstacle the vacation may cause to the business operation with respect to the exercise of the right to change the season by the employer, It is legal if the user has some room for discretionary judgment regarding the extent to which he/she should make corrections and changes regarding the time and period of vacation, and the discretionary judgment is not unreasonable (Jiji Press) Company case, maximum judgment June 4, 6). In practice, if a worker wishes to have long and consecutive annual paid leave, he/she should apply to his/her boss in advance by a certain number of days in advance according to the company's internal regulations, and transfer public holidays to the desired annual paid leave income. It will be decided that a response may be taken.

When a worker who is receiving long-term medical treatment due to an injury or illness requests an annual paid leave during the leave period, the employee is allowed to use the annual paid leave for sick absence, etc. If workers are requested, they must be given annual paid leave (December 24, 12, basic number 28).

Relationship with leaving work

All unpaid annual paid leave can be taken by the retirement date, but annual paid leave is a system that assumes that a labor relationship exists between the worker and the employer. Because of the workerretirementThe time period cannot be changed beyond the day (Balance No. 49 on January 1, 11). Therefore, there are unpaid days of annual paid leave for retired workers, and they claim to consume part or all of their annual paid leave that has not been paid, and they will not go to work until 5554 day before retirement. When the day comes, it becomes impossible to specify an alternative date by changing the season, so the user cannot exercise the right to change the season even if he/she satisfies the exercise requirements.[32][33]。年度途中で労働者が退職することとなったとしても、年度当初から退職日までの日数で按分した休暇日数を付与することはできないし、計画的付与日が退職後の日に設定されているからという理由で、請求を拒否することもできない。なお、労使それぞれの状況を総合して、退職時の有給一括消化があまりにも背信的な場合は、労働者側のAbuse of rightsAs a result, there is a ruling that the company is granted the right to change the season (Ride Wave Consulting and other cases, Tokyo High Court ruling October 21, 10). Therefore, if the company insisted that the company exercised the right to change the season even at the time of retirement, the civil factor greatly affects the acquisition of annual paid leave even at the time of retirement. I can't judge.

If the worker who has been given notice of dismissal has the right to annual paid leave, the right to annual paid leave will be extinguished unless it is exercised during the notice period for dismissal (April 23, 4, number 26). If the holiday is consumed after the retirement date, it will be valid until the retirement date and will be invalid after that date. However, the purchase of an amount equivalent to the amount of leave that should be granted by law, or the subsequent post-adjustment payment of money according to the number of remaining days is to prevent the acquisition of annual paid leave when working. Therefore, the administration has a negative view, but it does not deny or give administrative guidance.

Handling of working days that took annual paid leave

Days OffWorking day
According to employment rules, labor contracts, etc.
Days from the beginning without labor obligation
Workers sign employment contracts
Therefore, the day to submit to labor
Scheduled holiday (broadly defined) Substitute holiday休 暇
Legal holidayNon-statutory holiday
Fixed holiday (narrow sense)
After holiday work
As an alternative, from the working day
Specify the day
Resting workers
From the working day
Specify the day
Workers rest
In principle: Once a week (weekly holidays)
Exception: 4 weeks 4 days (variant holiday system)
More than legal
Holidays granted
From 0:24 to XNUMX:XNUMX
Holidays against labor
Subject to premium wages
Exceeded legal working hours
Part is overtime premium
Wage payment target
Paid or unpaid (wage deduction)
Or depends on work rules
Paid annual paid leave
(Calculation method is employment rules
According to regulations)

Since annual paid leave is granted on calendar days in principle, it is necessary to apply at least before midnight, and even if you apply for annual paid leave on the day after midnight, The day does not have to be treated as annual paid leave since it has already started. At least the Labor Standards Inspection Office provides guidance only by calendar days. Therefore, it is not necessary to treat it as an annual paid leave under the Labor Standards Act, even if the application is made before the start time of the working day. Even if the reason for the application is unavoidable such as illness, the application on the working day does not have to be treated as annual paid leave under the Labor Standards Act. In addition, some companies may require earlier applications, but if an application is submitted at least by the specified closing time on the previous day, annual paid leave will be granted if there is no reason to exercise the right to change the season. There must be. However, it is possible to impose an internal disposition such as a fine within the scope of sanctions for reduction of labor under the Labor Standards Act, as a violation of the company's rule that the application deadline set by the company has passed.

Even if the employee's exercise of the right to change the season in response to the worker's request for annual paid leave (specified in the season) is made after or after the leave period specified by the worker has started, the leave of the worker If the claim itself was so close to the beginning of the specified vacation period that there was not enough time for the user to decide in advance whether or not to exercise the right to change the season, it would be done in advance. If the exercise of the right to change the season is not immediately illegal because there is no such reason, and there is a reason that the right to change the season can be objectively exercised, and the exercise has been made without delay. Approve the effect of having legally exercised the right to change the season.[34].

Workers are not allowed to treat and process as absent work days for which they have taken annual paid leave[35][36][37].. It should be understood that it is not possible for a worker to voluntarily reassign the day when he/she was late to work due to other reasons, such as annual paid leave.[38].. If a system has been established in which absentee days are transferred to annual paid leave at the request of workers, it is necessary to stipulate in the work rules[39].

The purpose of using annual paid leave is not the knowledge of the Labor Standards Act, but the freedom of workers.[16]Therefore, even if the worker needs to inform the employer in advance that he will take annual paid leave, he is not obliged to inform the employer of the reason. For the office to which you belongstrikeUnless the purpose is, paid leave can be taken for any reason including "no reason", and the employer must restrict the employee from taking annual paid leave based on that reason. I can't[40]Even if the reason stated by the worker is false, the employer cannot cancel the annual paid leave once taken for that reason. In addition, regarding the acquisition of annual paid leave for false reasons,Disciplinary actionThere is a high court case that it is possible to[41].. There is no law that prohibits or restricts employers from asking workers the reason for annual paid leave, and in practice it is necessary to adjust the priority of taking annual paid leave with other workers. I hear a lot of reasons, and it's not illegal.

If you leave your former assignment due to a leave order and only stay in the company thereafter, and the company will be exempted from the labor obligation at all, the person who has been issued leave will be paid annual leave. These leavers cannot claim annual paid leave because there is no room to claim annual paid leave on days when there is no work obligation.[42].. During the labor union's full-time period or period,Childcare leaveThe same applies to the childcare leave period after application. On the other hand, if you specify a time period for annual paid leave before applying for childcare leave, and if you subsequently take childcare leave for a period including the specified date, the annual paid leave has already been established. It will be the day of the annual paid leave.

Of course, it is not possible to request annual paid leave even on a predetermined holiday. If you order a holiday work on a prescribed holiday, there is no precedent or notification that indicates whether you can request annual paid leave on the day when you were obliged to work due to holiday work. It is not clear if it will be handled.

Wage calculation

Wages on vacation days areLabor regulationsAccording to the contents of the contract on the acquisition date, the payment must be made based on any of the following (Article 39, Paragraph 7), as provided for in the above. We do not admit the employer's arbitrary choice for each worker.[43].

  • Average wage
  • Regular wages paid for working the specified working hours of the day-just need to be treated as if you were working normally, and do not have to calculate each time[44].. in this case,Wage bookThe number of days and hours of annual paid leave will be listed separately in the relevant column and entered in parentheses.[45].
  • Health insurance lawEquivalent to 30 / 1th of the standard monthly salary specified in (rounded to the nearest 10 yen) --Labor-management agreement[29](It is not necessary to notify the government agency of the agreement)

In the case of hourly annual leave, the above amount is divided by the prescribed number of working hours of the day. In the case of a piece-rate payment system or other contract system, the amount obtained by dividing the total wage calculated by the wage calculation period by the total number of working hours multiplied by the average number of working hours per day in the period is " It becomes "normal wage".Modified working hours systemFor hourly wage workers at business establishments that employ, it is calculated according to the prescribed working hours of each day.[46].

The wages for annual paid leave must be paid on the wage payment date immediately after the paid leave is given (Article 24, June 29, 6, No. 29).

Obligation to digest

From April 2019, 31 (Heisei 4), employers are obliged to give 1 days per year to digest workers who have 10 or more working days of annual paid leave ( Article 1, paragraph 5). The rate of taking annual paid leave is sluggish, so-calledPermanentAbout 16% of workers take no annual paid leave for a day, and for workers who take very little annual paid leaveLong working hoursBased on the fact that the ratio of employees is high, we decided to introduce a mechanism to ensure that annual paid leave of 5 days or more is taken (September 30, 9, 7 No. 0907). issue). "Workers with 1 or more working days of annual paid leave" defines workers who have 10 or more working days of annual paid leave granted on the base date, and is given proportionally. For eligible workers who have less than 10 working days of annual paid leave granted on the base date of this year, if the annual paid leave carried over from the previous year is also added up. Even if the number of working days is 10 or more, it is not included in "workers who have 10 or more days of paid leave" (December 10, 30, No. 12 No. 28). However, Article 1228, Paragraph 15 (when the worker himself takes 39 days or more of annual paid leave by designating the season) or 5 (when the worker takes 5 days or more of annual paid leave by planned grant) When annual paid leave is given pursuant to the provisions of the above, the number of days of annual paid leave given (if the number of days exceeds 6 days, it shall be 5 days) shall be designated by the employer. Is unnecessary (Article 5, Paragraph 5). The number of days that a worker takes annual paid leave on a half-day basis is included in the "days" of Article 39, Paragraph 8 as 0.5 days, and the employer does not need to specify the season for that number of days. The number of days a worker takes annual paid leave on an hourly basis is not included in the "days" in Article 39, Paragraph 8 (December 39, 8, No. 30, No. 12).

Revised at the same timeovertime workUnlike the requirements of, there is no grace period for application to small and medium-sized enterprises, and all users are obliged to digest from the same day.

In this case, as a method of specifying the season by the employer, for example, after listening to the opinions of the workers at the beginning of the fiscal year, an annual paid leave acquisition plan is created, and based on this, annual paid leave is granted. (September 30, 9, basic issue 7 No. 0907) is conceivable. In pursuing the provisions of Article 1, Paragraph 39, the employer shall clarify to the worker in advance that he / she will be given the annual paid leave by setting the time of year. , The worker's opinion must be heard about the season. In addition, when setting the time of annual paid leave, the employer must endeavor to respect the opinions heard so that the time will be specified according to the wishes of the workers as much as possible (September 7, 30). Nikki 9 No. 7). If the annual paid leave carried over from the previous year is taken, the number of days will be deducted from the five days of annual paid leave that the employer should specify in each season. According to Article 0907, paragraphs 1 and 5, whether the annual paid leave actually taken by the worker is the annual paid leave carried over from the previous year or the year granted on the base date of the current year. It does not matter whether it is paid leave (December 39, 7, No. 8 No. 30). Since matters related to leave are absolutely necessary items in the work regulations, when the employer implements the time designation according to Article 12, paragraph 28, the range of workers subject to the time designation and the method of time designation, etc. , Must be stated in the work regulations (December 1228, 15, No. 39 No. 7).

If a worker takes half-day annual paid leave, it may be treated as if he / she was given annual paid leave. In addition, if there is a desire to take half-day annual paid leave when listening to the opinions of workers, the employer may specify the time of the annual paid leave in half-day units. In these cases, the number of days of annual paid leave in half-day units is treated as 0.5 days (September 30, 9, No. 7 No. 0907). It is not permitted to specify the season on an hourly annual leave (December 1, 30, No. 12 No. 28). In the middle of the grant periodChildcare leaveWorkers who have returned from work must also take five days of annual paid leave. However, this does not apply if the number of working days in the remaining period is less than the number of remaining days of annual paid leave that the employer should specify during the season and it is not possible to take five days of annual paid leave. (December 5, 5, 30 No. 12).

Separate from the legal annual paid leavespecial holidaysThe number of days for which the certificate was acquired is not included in the "days" in Article 39 (8). It should be noted that the special leave provided separately from the statutory annual paid leave is abolished with this revision as an opportunity, and it is not in line with the purpose of the law revision to transfer to the annual paid leave, and with workers. If the requirements and effects after transferring special leave to annual paid leave by changing the work rules without agreement are deemed to be disadvantageous to the worker, it is rational in light of the disadvantage change doctrine of the work rules. It needs to be a standard one (December 30, 12, No. 28 No. 1228).

Those who violate Article 39, Paragraph 7 are 30 yen or lessfine(Article 120).

Annual paid leave management book

2019年(平成31年)4月1日より、使用者は、第39条5~7項の規定により年次有給休暇を与えたときは、時季、日数及び基準日を労働者ごとに明らかにした書類(「年次有給休暇管理簿」)を作成し、当該年次有給休暇を与えた期間中及び当該期間の満了後3年間保存しなければならないこととなった(規則第24条の7)。

For the annual paid leave management book,Worker listOrWage bookCan be prepared together with (Rule 55-2). The annual paid leave management book does not fall under the "important documents" stipulated in Article 109 (September 30, 9, No. 7). The "number of days" to be entered in the annual paid leave management book is actually the one that the worker requested and acquired by himself / herself, the one that the employer acquired by specifying the season, or the one that was acquired by planned grant. It is necessary to enter the number of days that the worker took annual paid leave (including the number of days taken in half-day units and the number of hours taken in hours) (December 0907, 1, No. 30 No. 12) ).

Prohibition of purchase reservations for annual paid leave

Of annual paid leave purchasesReservationをし、これに基づいて第39条の規定により請求し得る年次有給休暇の日数を減じないし請求された日数を与えないことは、第39条違反である(昭和30年11月30日基収第4718号)。つまり、法律で付与されるべき年次有給休暇について、事前に買取の予約をすることによってその日数を減じないし与えないことは、禁止されている。法の趣旨はあくまで「現実の休暇の取得」であり、金銭による補償を行ったとしても年次有給休暇を与えたとみなすことはできない[47].

If labor and management have agreed to exceed the legal number of days, the excess days may be handled according to the provisions between labor and management regardless of Article 39 (March 23, 3, No. 31). No. 513, No. 23 on October 10, 15), so it is possible for the user to extinguish it by making a purchase reservation.

Workers do not exercise their rights for annual paid leave for the legal number of days.PrescriptionIf this disappears due to reasons such as retirement or retirement, it is not necessarily prohibited, although it is out of the scope of the law, because it is different from prior purchase to provide monetary payments in an adjusted manner according to the number of remaining days.

If you purchase annual paid leave, it will be your salary regardless of the amount of money, and it will be the basis of the calculation as wages and salaries when calculating social insurance premiums and labor insurance premiums. If you purchase the undigested days at the time of retirement, it is calculated as retirement income. Generally, the purchase price is arbitrarily determined by labor and management, but the purchase price varies from company to company.

Prescription

Annual paid leaveAnnihilation prescriptionIs two years starting from the time when annual paid leave becomes available (Article 2, Circular).[48]). All undigested annual paid leave that was subject to this extinction prescription without the worker requesting to take annual paid leaveInvalidBecome[48][49][50].

Even if the employment regulations stipulate that "annual paid leave must not be carried over to the next fiscal year," the right to annual paid leave after the lapse of the fiscal year will not be extinguished (May 23, 5, No. 5). .. However, it is permissible to establish a provision to allow paid leave to be taken within the fiscal year as much as possible.

ただし、法定を超える日数の年次有給休暇の消滅時効については、就業規則により使用者が任意に設定できる。企業によっては時効によって消滅した年次有給休暇を積み立て、復活させる制度(失効年次有給休暇積立制度)を設けているところもある。人事院「平成28年度民間企業の勤務条件制度等調査」によれば、正社員に対して失効年次有給休暇積立制度を導入している企業は29.6%(従業員500人以上の企業に限れば54.6%)、有期雇用従業員に対して失効年次有給休暇積立制度を導入している企業は12.1%(従業員500人以上の企業に限れば18.5%)にのぼる[51].

Penalties

A user who violates each paragraph of Article 39 (excluding paragraph 7) (since each paragraph of Article 39 stipulates the obligation of the user, it will be a penalty for the violating user) is 6 months or less.ImprisonmentOr less than 30 yenfine(Article 119, No. 1).

年次有給休暇を取得した労働者に対する不利益な取扱い

Employers reduce wages and other disadvantageous treatment for workers who take annual paid leave[52]をすることは禁じられている(第136条)。不利益取扱いについては法施行当初より明文の規定がなくともPublic order and moralsに反するものとしてAdministrative guidanceが行われてきたが(昭和30年11月30日基収4718号、昭和53年6月23日基発355号)、昭和63年の改正法施行により法文上に明記された。ただし、第136条に違反した使用者に対する直接的な罰則は定められておらず、強制力がないと解されている[53].. In other words, it is naturally illegal for an employer to treat workers who have taken annual paid leave in various disadvantageous ways, but the fact that it is illegal means that the treatment is illegal.InvalidIt is not always the case.

Employers are not allowed endlessly to treat workers who have taken annual paid leave in various disadvantageous ways, depending on the degree of disadvantageous treatment. Article 39 guarantees the detrimental treatment of workers who have taken annual paid leave. The purpose of the law is to restrain the exercise of the right of workers to take annual paid leave and to guarantee that right. If it is recognized that the treatment is substantially lost, the handling will bePublic order and moralsContrary to this, it becomes invalid (Article 90 of the Civil Code)[54].

Handling conflict

Grant of annual paid leave to be consumed

Annual paid leave will be extinguished in two years starting from the time when the annual paid leave becomes available (Article 2, Circular).[48]) However, if there is a description in the work regulations, etc. regarding the handling when the right to take paid leave for the previous year is carried over to the next year, that view will be applied, but if not, there is a dispute. The Labor Standards Law does not stipulate whether to take paid leave from the remaining days of the previous year or the amount granted this year.

theoryNow, there are two views. One is based on a general interpretation that "it will be digested from the carry-over from the previous year", and the other is legally common sense.Civil lawBased on Article 489 No. 2, it is a theory that "digests from the portion given this year".[55].

According to the theory that the former should be presumed, it is necessary for the latter to give annual paid leave, which is the labor right stipulated by law.debtThere is suspicion about whether or not the[55]Unless otherwise agreed by labor and management, it is interpreted that the annual paid leave will be consumed from the carry over from the previous year.[55][56].

According to the theory that the latter should be presumed, because it is a legal right, the civil law, which is a general principle of the law, is naturally applied, and "If a worker requests annual leave, the employer must Can be specified to be used from the previous year, and if the user does not specify it, the worker can specify to use from the previous year, provided that the employer objected to the designation of the worker without delay It means that the product has been used from the year in question due to legal appropriation (Article 488 of the Civil Code).RepaymentIt will be used from the one with the most profits of the year (Civil Code Article 489). Is interpreted as[57].

There is no official administrative interpretation or notice of this dispute, nor is there any precedent.[Source required].. The former theory is written in the Labor Law Commentary of the Ministry of Health, Labor and Welfare[58]On the other hand, the latter is also written,Administrative guidanceIs effectively done in the latter view.

Causes of low paid leave acquisition rate and countermeasures

Japan isminimum wageLow ofworking timeThe length ofLong working hours・Any paid vacation or holidaysDeveloped countryIt is one of the lowest in the group and is still developing in terms of labor level.

Ministry of Health, Labor and Welfareの「平成30年就労条件総合調査」によれば、平成29年(又は平成28会計年度)1年間に企業が付与した年次有給休暇日数(繰越日数を除く)は、労働者1人当たり平均18.2日であるが、そのうち実際に労働者が取得した日数は9.3日、取得率は51.1%であり、20年ぶりに50%を超えたものの政府の2020年目標である70%には遠く及んでいない。取得率を企業規模別にみると、従業員1,000人以上の企業では58.4%取得しているが、100人未満の企業では44.3%となっていて、企業規模が小さいほど取得率は低くなっている。なお取得率を男女別にみると、男性は47.5%、女性は57.0%であり、男性の取得率が低くなっている[59].

In addition,Cabinet OfficeAccording to a company survey in "25 Individual/Company Survey on Work-Life Balance", how can "Have a role given to oneself and digest most of the paid leave given" in personnel evaluation? As for whether or not to be considered, “Not considered in personnel evaluation” was extremely high at 84.5%.

One of the reasons for this is that in Japan, the personnel composition for facilitating the use of annual paid leave is "wasteful in terms of management efficiency and personnel training" There are many workersUnionIt is said that this may be due to various circumstances such as the unorganization of the company and the existence of an in-house culture that hesitates to take annual paid leave.一つの要因として、組織学者のOne factor is that of histologistsHajime Ota TheLabor Policy Research and Training OrganizationUsing the results of the survey, it is revealed that there is a fact that hesitates to take leave "to be recognized by others"[60].

The percentage of companies that have a system that allows them to take annual paid leave on an hourly basis is 29% according to the 18.7 Survey on Working Conditions[61].

Due to factors such as the atmosphere of the workplace and the intentions of employers such as business owners and managers, they are hesitant to take annual paid leave, which should be legally recognized as a worker's right. Should be settled through labor-management negotiations, but when a worker applies for annual paid leave and the employer does not allow the employee to take annual paid leave even though it is possible , Jurisdiction as a violation of Labor Standards Act on the part of the employerLabor Standards Inspection OfficeTo consult, report, or ultimately裁判 所There is also a means to file a lawsuit against.

The Ministry of Health, Labor and Welfare has questioned the low rate of paid leave taken by Japanese workers,depression,Death from overwork,Overworked suicideWe are worried that it will be a major factor that will lead to, and have been promoting efforts to reduce the working hours and to take full paid leave annually from the employer since the former Ministry of Labor.

In 1990, the "Continuous leave acquisition promotion outline" emphasizes "awareness reform and system development" with the goal of "giving 20 days on average 20 days of paid leave". In 1995, the “Outline for Promoting Vacation” proposes the concept of “vacation that has a continuous number of days”, “vacation that makes the best use of individual wishes”, and “vacation according to the purpose of life and work style”. In 2000, "Toward the spread of long vacations", the period was clearly stated as "a vacation of 1 weeks with the minimum unit of about 2 week", and we tried to realize it by combining 2 weekly holidays and annual paid leave. To do. In 2004, the “Study Group Report on Annual Long-Term Leave System for Revitalization of Occupational Life” proposes leave for “a certain period of time, at least a year or more”. The Guidelines for Reviewing Working Hours, etc., which was applied from April 1, 2010, calls for the immediate goal to raise the annual paid leave acquisition rate to 4% by 1.[62].. Since fiscal 2014, October has been designated as the “annual paid leave acquisition promotion period” and intensive public relations activities have been conducted. However, all of these are for encouraging voluntary negotiations between labor and management and are not enforceable.

Paid leave and bonus assessment

It is not permissible to reduce the bonus by treating the day when the worker took paid leave as absentee (Maximum 4rd small size February 2, 18)[35]). The days when workers take paid leave and the days that do not require work (such as Saturdays and holidays) (substantial holidays) are not included in the total working days referred to in Article 39 and cannot be regarded as absent when calculating bonuses.[35].

Paid leave and full-time allowance

The country and the governmentLong working hoursbydepressionSuch asMental illnessTo prevent death from overwork and suicideWorking hoursAs part of the policy, we are working to improve the paid leave acquisition rate,Full-time allowanceIs also one of the reasons why workers are hesitant to take paid leave.In Article 1, for employees who have taken paid leave, employers reduce wages and treat them unfavorably.[52]Since it is stipulated not to do so, non-payment or reduction of full-time allowance by taking paid leave is an inappropriate actLocal Labor BureauAre ringing alarm bells[63][64][65].. However, since there are no penalties in the Labor Standards Act,Labor Standards InspectorEven if you declare it to, etc., there is no force after allAdministrative guidanceCan only be done by. Since there are no penalties, criminal penalties such as prosecution are theoretically impossible.

At establishments that have defined full-time allowances, it has been decided that it is illegal to treat workers who have taken paid leave as absent and not pay full-time allowances. March 51, 3[36]) On the other hand, while not paying or reducing the full-time allowance due to taking paid leave is contrary to the spirit of Article 39,Public orderAs againstInvalidThere is a Supreme Court case saying that the[53]).

In the latter case, the full-time allowance was a small amount less than 2% of the monthly salary (maximum 1.85%), which is due to the vacancy in the daily work due to the business content.RevenueIt is judged that the unpaid or reduced full-time allowance does not generally restrain the acquisition of paid leave.[54].. In other words, whether it is judged that the non-payment or reduction of the full-time allowance due to the paid vacation is invalid is a case-by-case, and it is judged from the situation of each case.[54].

Western vacation

アメリカ合衆国

アメリカ合衆国Labor Labor Laws include the Fair Labor Standards Act[66].. However, the United States has not ratified the ILO 52/132 Convention. Therefore, there is no law requiring companies to take paid leave.Developed countryIs the only case in[66].. There is a strong belief that paid rights should be decided through negotiations between labor and management, and it is the reality that workers with weak bargaining power cannot get paid.(English edition)According to a survey published in May 2013, one in four American workers take no paid leave[67].. To put it the other way around, about three-quarters of companies have paid leave systems in place without having a complete legal system. Aspects and the management's mission is to comply with corporate accounting principles (particularly the FAS4 regulations governing paid leave and sick leave).[68].. In the United States, it is customary to purchase all unpaid holidays.

UK

The paid leave system in the United Kingdom is stipulated by laws such as the Employment Rights Act, and all workers are allowed to take annual paid leave of 5.6 working days per week (up to 28 days).[66].

France

25 days for statutory annual leave[69].. The paid leave system is stipulated in the Code of Travail of the Labor Code, and an annual paid leave of 10 working days per month is allowed if the worker continues to work for 1 days or more.[66].. In addition, during the statutory period (May 5st to October 1st), it is compulsory to take a certain number of consecutive days (10 to 31 weeks) as the main leave.[66].

footnote

[How to use footnotes]
  1. ^ ILO Convention 52 -International Labor Organization
  2. ^ a b c ILO Convention 132 -International Labor Organization
  3. ^ Working Hours and Styles: EU Working Hours Policy and Work-Life Balance (Report). Japan Institute for Labor Policy and Training. (2005-05). http://www.jil.go.jp/foreign/labor_system/2005_5/eu_01.html. 
  4. ^ 2003 / 88 / EC
  5. ^ Public employees are treated as paid holidays on national holidays and from December 12th to January 29rd (Law concerning working hours and vacations of employees of general office, Article 1 of law, salary of employees of general office) (Article 3-14, paragraph 9, article 2)
  6. ^ Morinaga Takuro, "Economics for "Don't be fooled!" How to read the backside of Moritaku-style economic news," PHP Research Institute <PHP Business New Book>, 2008, page 103.
  7. ^ Fumio Otake, “Competition and Fairness-The Real Merit of Market Economy” Chukoron Shinsha <Chukou Shinsho>, 2010, p.172.
  8. ^ Fumio Otake, “Competition and Fairness-The Real Merit of Market Economy” Chukoron Shinsha <Chukou Shinsho>, 2010, p.171.
  9. ^ "France is the first paid country to be used up, and Japan is the lowest”(Japanese). Reuters (September 2010, 8). 2011/7/12Browse.
  10. ^ "Paid leave survey 2010”(Japanese). Expedia. 2011/10/19Browse.
  11. ^ Susumu Noda "Legal Significance of the "Vacation" Concept and Vacation Policy: Taking a Vacation "As a Vacation""The Journal of Japanese Labor Studies, Vol. 625,Labor Policy Research and Training Organization, December 2012, NOT 40019394013.
  12. ^ Tomoko Ikuko “Holidays, vacations and holidays"The Journal of Japanese Labor Studies, Vol. 657,Labor Policy Research and Training Organization, February 2015.
  13. ^ Regarding the application of the provisions of Article 300 pertaining to businesses that use 39 or less workers at all times, the application of the increase in the number of days is postponed for 3 years after the enforcement, and there are "3 working days" for the next 10 years Was gradually increased to "8 working days" (Article 134).
  14. ^ May 21, 5 Base 29
  15. ^ a b c d e f March 48, 3 Basic No. 6
  16. ^ a b c d e March 48, 3 Supreme Court 2nd Small Court Judgment Shiraishi Forest Office Case
  17. ^ December 22, 11 Base departure number 26
  18. ^ Economic White Paper/Economic White Paper-Cabinet Office
  19. ^ Section 2 Issues Concerning Personal Consumption
  20. ^ Article 39 does not clearly state that it must be given in the following year when 8% or more of the employees have worked, but it has been notified that it must be given in the following year (based on July 23, 7, 15 issue)
  21. ^ July 25, 7 Basic 10 No. 0710
  22. ^ August 23, 10 Basic revenue No. 14
  23. ^ December 63, 3 Base departure number 14
  24. ^ "What is the annual paid leave system? I heard that even part-time workers are paid, is that true?”(Japanese). Ministry of Health, Labor and Welfare. 2011/10/30Browse.
  25. ^ It does not matter if the parties agree that they have come to work (July 23, 7, basic income 31).
  26. ^ Q10. What are the legal requirements for annual paid leave?Labor Policy Research and Training Organization
  27. ^ 令和元年度民間企業の勤務条件制度等調査National Personnel Authority
  28. ^ December 63, 3 Base departure number 14
  29. ^ a b c When a decision by a majority of four-fifths or more is made at a workplace where a labor-management committee is set up, the resolution has the same effect as the labor-management agreement, etc. pertaining to these (Article 5). 4 of 38). It is not necessary to notify the government agency of the resolution.
  30. ^ 時季変更権は、派遣元の使用者が自らの事業の正常な運営を妨げる場合に行使できるものであることから、派遣先の事業の運営に係る事情は直ちにはその行使の理由とはならないものであること。さらに、派遣元の使用者は、代替労働者を派遣する、派遣先の使用者と業務量の調整を行う等により、派遣先の事情によって派遣労働者の年次有給休暇の取得が抑制されることのないようにすること(平成21年3月31日基発第0331010号)。
  31. ^ "Consultation regarding labor Annual paid leave Q3 Can the company refuse if I have been offered to take paid leave?”(Japanese). Kumamoto. 2012/4/18Browse.
  32. ^ "Workplace trouble Q & A Taking paid leave just before retirement”(Japanese). Fukui (September 2009, 6). 2011/10/19Browse.
  33. ^ "Example of labor consultation Annual leave Q1 "Does retirement leave not have to be given?"”(Japanese). Okinawa Labor Bureau. 2011/10/19Browse.
  34. ^ Konohana Telegraph and Telephone Office Case, Maximum Court March 57, 3
  35. ^ a b c Supreme Court Third Small Court Judgment February 4, 2 S und A Case
  36. ^ a b Yokohama District Court Judgment March 51, 3 Ose Industrial Case
  37. ^ 22th Sep. 9
  38. ^ The Electrochemical Industry Case, Niigata District Court Judgment March 37, 3
  39. ^ No. 23, based on April 12, 25, No. 4281, based on March 63, 3
  40. ^ Hirosaki Telegraph and Telephone Office Case, Maximum Court July 62, 7
  41. ^ (Tokyo High Court, February 55, 2) However, criticism from the theory persists in this judgment.
  42. ^ December 24, 12 Base departure number 28
  43. ^ December 27, 9 Base departure number 20
  44. ^ December 27, 9 Base departure number 20
  45. ^ August 23, 11 Basic revenue No. 2
  46. ^ December 63, 3 Base departure number 14
  47. ^ Sacred Heart Women's Academy事件(神戸地判昭和29年3月19日)では、退職に伴い未消化の年次有給休暇の日数に相当する賃金の支払を求めた事案について、「行使されなかった休暇請求権は退職とともに消滅」するとして、労働者側の請求を認めなかった。
  48. ^ a b c May 6, 5, starting from No. 31
  49. ^ However, although legally stated as such, in many cases, many companies are flexible, such as setting a longer prescription in the work rules of many companies.
  50. ^ 民法第147条に基づき請求(裁判上の請求)をすれば、時効は中断し、中断事由の終了時から更に2年の消滅時効にかかるが、これに該当する場合は法律上極めて稀有である(昭和23年4月28日基収1497号、昭和23年5月5日基発686号)。また実際上の取り扱いとして勤怠簿等に有給休暇の取得日数等は記載されているが、これをもって使用者が「債務の承認」をしたことにはならない(昭和24年9月21日基収3000号)
  51. ^ 平成28年度民間企業の勤務条件制度等調査National Personnel Authority
  52. ^ a b "Labor Standards Law," edited by the Labor Standards Bureau, Ministry of Labor, Vol. XNUMX: "When calculating the full-time allowance and bonus, treat the day when you took annual leave as absentee or absenteeism, and all the disadvantages that prevent you from taking annual leave. Handling is included.”
  53. ^ a b June 5, 6 Supreme Court Second Small Court Judgment Numazu Traffic Case
  54. ^ a b c Independent Administrative Agency Labor Policy Research and Training Organization Database Individual Labor Relations Dispute Cases 4. Working conditions (32) [Annual paid leave] Taking annual leave and disadvantageous treatment
  55. ^ a b c Hirobundo Kazuo Sugano, Labor Law, Sixth Edition, pages 326-327 ISBN-978 4335303104
  56. ^ Labor consultation Q & A Annual paid leave-Labor Standards Law, interpretation rules(See Q2 item)
  57. ^ From page 119 of "Explanation and Q & A of Annual Paid Leave System" (ed.) ISBN-978 4897829074
  58. ^ "Industry Q & A-Is the statute of limitations for fractional hours of annual leave expired?". Corporation Japan Production Skills Labor Association (September 2010, 7). 2012/3/26Browse.
  59. ^ Overview of Ministry of Health, Labor and Welfare, 30 Working Conditions Comprehensive Survey Results
  60. ^ Hajime Ota, "The Curse of "Approval Desire"" Shinchosha (2019)
  61. ^ Overview of Ministry of Health, Labor and Welfare, 29 Working Conditions Comprehensive Survey Results
  62. ^ Ministry of Health, Labor and Welfare: Revise the target shortened working time guideline for the rate of paid leave, and apply it from next month -Mainichi Shimbun March 2010, 3 delivery
  63. ^ "Labor counseling What to do in such a case? Q & A It is illegal to treat annual paid leave as absent when calculating perfect attendance allowances and bonuses.”(Japanese). Ibaraki Labor Bureau. 2011/2/5Browse.
  64. ^ "About work Mie paid leave and full-time allowance”(Japanese). MieLife and Culture Department Labor and Employment Support Office. 2011/2/5Browse.
  65. ^ "About paid leave and full-time allowance”(Japanese). Mie. 2011/2/5Browse.
  66. ^ a b c d e "What is the overseas vacation situation? International comparison of annual paid leave systems”. Sony Network Communications. 2018/4/3Browse.
  67. ^ “Surprisingly disappointing American vacation situation”. International Business Times(July 2013, 11). http://jp.ibtimes.com/articles/363827 2015/2/14Browse. 
  68. ^ Fuyuhiko Usui "Japan's Paid Leave System as a Reality: A Consideration from International Accounting Standards and Business Practices on Unacquired Paid Leave" Tourism Creation Research No.4 October 2008, 10
  69. ^ Hiromasa Suzuki "French vacation and annual paid leave"The Journal of Japanese Labor Studies, Vol. 625, August 2012.

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