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🏥 | What is the impact of the constitutional amendment?In response to the results of the House of Councilors election


What is the impact of the constitutional amendment?In response to the results of the House of Councilors election

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In this case, necessary measures must be taken to improve the working conditions of public officials.

In the House of Councilors election, which was held on July 2022, 7, one of the points of contention was whether to revise the constitution. → Continue reading

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Working conditions

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Working conditionsWhat is (Roudojoken)?WorkerSigned a contractuserWorking conditions agreed between workers and employers when working under[1].

When concluding a labor contract, the employer must clearly indicate to the worker wages, working hours and other working conditions.Of these, for absolute explicit matters,Delivery of documents(Notification of working conditions) Must be followed.

Still moreJob offerAlthough it is necessary to clarify the working conditions in[2], The explicit statement may be the "expected amount" for wages.If there is no situation in which it is recognized that the estimated amount will be used as the actual starting salary at the time of the hiring interview, the estimated amount will be used as the starting salary.employmentIt cannot be said that the contract has been concluded.

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

Contents and determination of working conditions

Article 27 of the Constitution of JapanIn the second section, "wage,working time, Rest and othersWorking conditionsCriteria forlawTo determine this. ".In particular,Labor Standards ActIn addition to (Law No. 22, April 4, 7)Minimum wage law(Law No. 34, April 4, 15) ・Law on securing payment of wages(Law No. 51, April 5, 27) ・Law on ensuring equal opportunities and treatment for men and women in the field of employmentLaws such as (Law No. 47 of July 7, 1) have been enacted.In addition, it should be notedSailor(Sailor LawThe provisions of working conditions under the Labor Standards Act do not apply to seafarers stipulated in Article 1 (Article 116), and the working conditions of seafarers are stipulated by the Seafarers Act.

Article 25 of the Constitution of JapanParagraph 1 stipulates that "all citizens have the right to live a healthy and culturally minimum life." In response to this, the Labor Standards Law states that "working conditions are set by workers.Life worthy of being a personIt must meet the needs of running a business. "(Article 1)," stipulated by this lawStandards of working conditions are the lowestBecause of this standard, labor-related partiesDo not reduce working conditionsOf course, we must strive to improve it. "(Article 1)," Working conditions are for workers and employers.Equal positionShould be decided in. "(Article 2)[3]..And "the employer is the worker'sCitizenship,creedOr about wages, working hours and other working conditions because of social statusDo not treat discriminatory.. (Article 3), a limited list of reasons why discriminatory treatment should not be made.

The "working conditions" referred to in Articles 1 to 3 are not only wages and working hours, but alsoDismissal,Disaster compensation,Health and safety,DormitoryIncluding all conditions related toAll treatment of workers in the workplaceTo say.In addition, it should be notedLabor contractThe conditions for hiring before the conclusion do not correspond to the contents of working conditions[4].

International Labor Organization(ILO) is "humane working conditions" "Social justiceIn search of "realization", workers are "human-like decent labor (Decent Work) ”Has been enacted in many treaties on working conditions.Japan tooPermanent memberAlthough it is a member of the ILO, Japan has many treaties on working conditions.ApproveI have not done it[5].

Clarification of working conditions

(Clarification of working conditions)

Article 15  

  1. userIt is,Labor contractWhen concludingWorkerWages, working hours and other working conditions must be clearly stated.In this case, matters concerning wages and working hours and other matters specified by the Ordinance of the Ministry of Health, Labor and Welfare shall be clearly stated by the method specified by the Ordinance of the Ministry of Health, Labor and Welfare.
  2. If the working conditions specified pursuant to the provisions of the preceding paragraph differ from the facts, the worker may immediately cancel the labor contract.
  3. In the case of the preceding paragraph, if a worker who has changed his / her residence for employment returns home within 14 days from the date of contract cancellation, the employer must bear the necessary travel expenses.

The employer's working conditions are clearly stated in writing or orally, but the absolute explicit matters (excluding matters related to salary increases) among the explicit matters are given to the workers.Delivery of documentsIs required (so-called ""Notification of working conditions".The latter part of Article 15, Paragraph 1, Enforcement Regulations, Article 5).The purpose of this is to clarify the contents of working conditions to workers and prevent the occurrence of conflicts.However, just because it is not specified does not mean that the labor contract cannot be concluded.The format of the document is free (January 3, 11, No. 1)[6]..In addition, the notification of working conditions should be issued to workers by stating not only absolute items but also relative items.Administrative guidanceIs being carried out (February 11, 2, No. 19).In addition, it should be notedDay laborerIn the case of, if the labor contract is renewed under the same conditions, it is sufficient to issue a document at the time of the first hire, and it is not necessary to issue the document each time (September 51). 9th basic departure No. 28).

With the enforcement of the revised law in April 31, users will be required to comply with the provisions of Article 4, Paragraph 15.The working conditions that must be clearly stated to the worker must not be false[7], Was specified in the article (Article 5 of the Enforcement Regulations).In addition, if the worker so desires, the working conditions may be clearly stated by facsimile or e-mail (limited to those that the worker can create a document by outputting the record of the e-mail etc.). It became possible (Article 2 of the Enforcement Regulations).

UserReasonable working conditionsIs definedLabor regulationsTo workersWell-knownIf so (Article 106), the contents of the labor contract will be based on the working conditions stipulated in the work regulations (Article XNUMX).Labor contract lawArticle 7), in reality, uniform working conditions will be set by issuing work rules to workers, except for matters specified individually by workers.

Clarification of working conditions

Clarified matters of working conditions are listed in each item of Article 5 of the Enforcement Regulations.

Absolute clarification (matters that the employer is absolutely required to clarify to the worker)

  1. Matters concerning the term of the labor contract (No. 1 of the same paragraph)
  2. Matters concerning the criteria for renewing a labor contract with a fixed term (limited to the case of concluding a labor contract that may be renewed) (No. 1-2 of the same paragraph)
    • It was added by the enforcement of the revised law on April 25, 4.The content of the renewal standard requires that workers who conclude a fixed-term employment contract can foresee to a certain extent the possibility of continuing their employment after the contract period expires.For example, "presence or absence of renewal" includes "automatic renewal", "possible renewal", "no contract renewal", etc., and "contract renewal criteria" as "at the end of the contract period". "Judging by the amount of work" "Judging by the work performance and attitude of the worker" "Judging by the ability of the worker" "Judging by the management situation of the company" "Judging by the progress of the work engaged" Etc. can be clearly stated.In addition, as with other working conditions, the renewal standard will be legally changed by agreement with the worker or other means when the employer changes the working conditions contained in the labor contract. It is necessary (October 1, 24, No. 10).
  3. Matters concerning the place of employment and the work to be engaged in (No. 1-3 of the same paragraph)
    • "Business to be engaged in" should be specified in detail and concretely (No. 22 issued on September 9, 13).It is sufficient to clearly indicate the place of employment immediately after hiring and the work to be engaged in, but it is permissible to comprehensively specify the place of employment and the work to be engaged in the future (January 17, 11). Departure No. 1).
    • Before hiring a foreign worker, the employer should explain the work that the foreigner should engage in after hiring.Confirm that you are a person who is permitted to engage in your status of residenceI decided toThose who are not allowed to engage should not be hired("Guidelines for employers to take appropriate measures regarding improvement of employment management of foreign workers" (19 Ministry of Health, Labor and Welfare Notification No. 276)).
  4. Start and end times,Work that exceeds the prescribed working hoursWith or withoutBreak time,Days Off, On vacation and when workers are divided into two or more groups to workConversion at workMatters concerning (No. 2 of the same paragraph)
    • Specific conditions regarding working hours, etc. applicable to the worker must be clearly stated.In addition, when the content of the matters to be clearly stated becomes enormous, in consideration of the convenience of workers, regarding matters other than whether or not there is work exceeding the prescribed working hours, the start of work for each type of work and It suffices to show the way of thinking about the time of the end of work, holidays, etc., and to comprehensively show the names of related clauses in the work regulations applicable to the worker (January 11, 1, No. 29). ).
  5. Matters concerning wage determination, calculation and payment method, wage deadline and payment timing, and wage increase (No. 3 of the same paragraph, excluding retirement allowance and extraordinary wages)
    • Specifically, the amount of basic wages, the amount of allowances,Premium wageThe premium rate, wage deadline and payment date, etc.It suffices if the wage provisions of the work regulations can be determined for the worker, for example, the wage grade specified in the work regulations may be displayed (September 51, 9, No. 28). ..
  6. retirementMatters concerning (No. 4 of the same paragraph.DismissalIncluding the reason. )
    • As working conditions to be clarified, it is clarified in the enforcement regulations that "matters related to retirement" include "reasons for dismissal".In addition, when the content of the matters to be specified becomes enormous, in consideration of the convenience of the worker, by comprehensively showing the relevant clause names in the work regulations applicable to the worker. It is sufficient (October 15, 10, No. 22).

Relative items (matters that the employer is required to specify to the worker only if specified)

  1. Matters concerning the scope of workers to which the provisions of retirement allowance apply, the determination of retirement allowance, the calculation and payment method, and the timing of payment of retirement allowance (No. 4-2 of the same paragraph)
  2. Extraordinary wages (excluding retirement allowances),BonusAnd similar matters and matters concerning the minimum wage (No. 5 of the same paragraph)
  3. Matters concerning food expenses, work supplies, etc. that should be borne by workers (No. 6 of the same paragraph)
  4. Safety and hygieneMatters concerning (No. 7 of the same paragraph)
  5. Job trainingMatters concerning (No. 8 of the same paragraph)
  6. Matters concerning accident compensation and assistance for injury and illness outside of work (No. 9 of the same paragraph)
  7. Matters concerning commendations and sanctions (No. 10 of the same paragraph)
  8. Matters concerning leave (No. 11 of the same paragraph)

Workers' right to cancel

If the working conditions specified by the employer differ from the facts, the worker will immediately enter into a labor contract.ReleaseCan be done (Article 15, Paragraph 2).The so-called company does "without notice to workers"Disciplinary dismissalThis is a "disciplinary retirement" that allows workers to retire without prior notice to the company.In addition, since Article 15 (1) obliges the employer to specify the working conditions so that the workers will not be hired without knowing the specific contents of their working conditions, other labor Even if the working conditions of the person are different from the facts, it cannot be canceled immediately (November 23, 11, No. 27).

  • In concluding a labor contractCompany housingIf you do not provide this even though you have contracted to provide the company housing, and if the profit of using the company housing is the "wage" referred to in Article 11, the condition that you should provide the company housing is Article 15. Since it is "wage, working hours and other working conditions" in paragraph 1, the provisions of Article 15 paragraph 2 will apply if this is not provided.If the company housing is regarded as a mere welfare facility, the condition that the company housing should be provided is not included in the "working conditions" of Article 15 (1), so even if this is not provided, Article 15 2 The provisions of the section do not apply.Even if there is no provision of Article 15, the contract can be canceled according to the provision of Article 541 of the Civil Code (November 23, 11, No. 27).

この場合、就業のために住居を変更した労働者が、契約解除の日から14日以内に帰郷する場合においては、使用者は、必要な旅費を負担しなければならない(3項)。 この「旅費」には、住居変更前までの旅費にとどまらず、親族の保護を受ける場合にはその者の住所までの実費を含み、また就業のために移転した家族(労働者により生計を維持されている同居の親族をいう(昭和23年7月20日基収2483号))の旅費も含まれる(昭和22年9月13日発基17号)。

In addition, the turnover in this case isemployment insurance In receiving the basic allowance inSpecific recipient(Persons who have left their jobs due to bankruptcy, dismissal, etc.) and have more days of prescribed benefits than general eligible recipients (Employment Insurance ActArticle 23, Employment Insurance Law Enforcement Regulations Article 36 No. 2).


Ship ownerWhen trying to conclude an employment contract,in advance, Regarding the following matters for the person who intends to become the other party of the employment contractDeliver a documentMust be explained (Article 32, Paragraph 1 of the Seafarers Act, Article 16 of the Enforcement Regulations).In this case, the employment contractnavigation Sea Freight LawWhen the order is based on the provisions of Article 26, Paragraph 1, the shipowner must explain to the other party in advance by delivering a document to that effect (Article 32, Paragraph 2 of the Seafarers Act).

  • Shipowner's name or name and address
  • Period of employment
  • Should be on boardShipName, total ton number, usage (Fishing boatIncludes the type of fishery engaged in. ) And matters concerning service routes or operating sea areas
  • Matters concerning duties
  • Matters concerning salary and other remuneration determination methods and payments
  • A fixed amount under Article 58, Paragraph 1 of the Seafarers Act and an amount under Article 3, Paragraph XNUMX when the remuneration is paid by commission
  • Matters concerning standard working period, working hours, resting hours, holidays and vacations, and matters concerning the boarding system when a special boarding system such as a shift boarding system is adopted.
  • Matters concerning disaster compensation
  • Matters concerning retirement, dismissal, leave and sanctions
  • Matters concerning
  • If there is a reserve seafarer system, its outline

Ship owners have an employment contractWhen it is establishedWithout delay, prepare two documents stating the following matters, one of which will be delivered to the seafarer, and the other one will be three years after the death of the seafarer or the termination of the employment contract. Until the day, it must be kept in the office that handles the labor management of the main seafarers (Article 2 of the Seafarers Act, Article 1-1 of the Enforcement Regulations).

  • Matters listed in each item of Article 32, Paragraph 1 of the Seafarers Act
  • Name, address and date of birth of the seafarer who signed the employment contract
  • Place and date of concluding the employment contract

When the employment contract is concluded, terminated, renewed or changed, the master shall, without delay, pursuant to the provisions of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.Minister of Land, Infrastructure and TransportMust be notified to.In this case, if the master cannot make the notification, the shipowner must make the notification on behalf of the master (Article 37 of the Crew Law).When the Minister of Land, Infrastructure, Transport and Tourism receives a notification of the establishment of an employment contract, etc., the Minister of Land, Infrastructure, Transport and Tourism shall check whether the employment contract violates the provisions of laws and regulations concerning voyage safety or the labor relations of seafarers, and the parties concerned. It shall be confirmed whether the agreement was sufficient.In this case, the Minister of Land, Infrastructure, Transport and Tourism shall, when he / she finds it necessary, take an order pursuant to the provisions of Article 101, Paragraph 1 of the Seafarers Act and other necessary measures (Article 38 of the Seafarers Act).

A seafarer may cancel the employment contract if any of the following applies (Article 41 of the Seafarers Act).

  • When the ship concludes an employment contractCitizenshipWhen you lose.
  • When the working conditions stipulated by the employment contract and the facts are significantly different.
  • When a seafarer cannot withstand his duties due to injury or illness.
  • When a seafarer intends to receive education pursuant to the provisions of the Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.

Temporary worker

Temporary workerabout,Dispatch originEmployers must specify working conditions.If the labor contract is concluded and dispatched at the same time, the working conditions should be clearly stated.Worker dispatch lawIt is permissible to specify the work rules of the dispatched company specified in (No. 61, June 6, 6).SecondedIn the case of (both enrollment type and transfer type), the employer at the second destination must clearly indicate the working conditions.

Employer's responsibilities for part-time workers

When the employer hires a part-time worker, he / she promptly tells the part-time worker, in addition to the above-mentioned explicit matters, "With or without salary increase""With or without retirement allowance""With or without bonus"Matters related to improvement of employment management of part-time workers"Consultation desk"Matters related to" must be clearly stated by issuing documents.Matters other than these should be clearly stated by issuing documents, etc.StriveBe supposed to be (Part-time labor lawArticle 6).When requested by the part-time worker to be employed, the employer must explain to the part-time worker the matters considered in making a decision on working conditions (Article 14 of the Part-time Labor Law). ).

Specified fixed-term employment worker

Special Measures Law for Fixed-term Workers with Specialized Knowledge, etc.Stipulated inSpecified fixed-term employment workerIn addition to the above-mentioned items, the following items must be specified by issuing documents (27 Ministry of Health, Labor and Welfare Ordinance No. 36).

  1. Applicable based on the provisions of Article 8 of the Special Measures Law concerning fixed-term workers with specialized knowledge, etc.Labor contract lawMatters concerning the contents of the special provisions of Article 18 Paragraph 1
  2. Matters concerning the place of employment and the work to be engaged (except for the matters listed in Article 5, Paragraph 1, Item 1-3 of the Labor Standards Act Enforcement Regulations, limited to the matters concerning the scope of specified fixed-term work pertaining to the special provisions of 1.) Type XNUMX certified business owner only)

Construction workers / forestry workers

Law Concerning Improvement of Employment of Construction WorkersStipulated inConstruction workerIn addition to the above-mentioned explicit matters, the following matters must be clearly stated by issuing a document (Article 7 of the Act on Improvement of Employment of Construction Workers, etc.).Law Concerning Promotion of Securing Forestry Labor ForceStipulated inForestry workersIn addition to the above-mentioned explicit matters, the following matters must be clarified by issuing documents (Article 31 of the Law Concerning Promotion of Securing Forestry Labor Force).For construction workers and forestry workers, both the provisions of each article and Article 15, Paragraph 1 of the Labor Standards Act are combined to ensure the effectiveness of clarification of employment relationships.The main point of this regulation is unclear employment relations.Fixed-term employmentSince it is to clarify the employment relationship of workers,TeachingIn particular, consideration shall be given to the purpose of fixed-term workers (No. 51 issued on September 9, 7, No. 409 issued on May 8, 5).

Foreign worker

When concluding a labor contract with a foreign worker, the employer is concerned about major working conditions such as wages and working hours.Deliver a document clarifying the contents so that foreign workers can understand..In addition, when the employer clearly states wages, not only the wage determination, calculation and payment methods, but also taxes, labor and social insurance premiums, etc.Labor-management agreementIt is said that the handling of partial deductions for wages based on the above will be explained so that foreign workers can understand it, and efforts will be made to clarify the amount actually paid to the foreign workers.[8].

Prohibitions / restrictions on working conditions

Article 15 stipulates the range of working conditions that an employer should clearly indicate to workers, and does not stipulate the definition of working conditions in the Labor Standards Act (June 29, 6). Basic No. 29).Therefore, in addition to the items listed above, any item can be set as working conditions if the labor and management agree.Public order and moralsMust not go against (Civil lawArticle 90) In addition, the Labor Standards Law has the following restrictions.

Effectiveness relationship

(Contract that violates this law)

Article 13  

For labor contracts that stipulate working conditions that do not meet the standards stipulated by this law,InvalidAnd.In this case, the invalid part shall be in accordance with the standards stipulated in this Act.

Labor contracts are work rulesCollective agreementIf the standard specified in is not met, that part will be invalid and the standard will be applied (Article 93,Labor union lawArticle 16,Labor contract lawArticle 12).For example, even if an individual worker is hired on the condition that the monthly wage is 16 yen, 18 yen must be paid if the employment regulations stipulate that the monthly wage should be 18 yen or more. However, if a collective agreement is signed to raise wages to 19 yen or more per month, 19 yen must be paid.Minimum wage lawEtc.Forced regulationThe same applies when violating.There is a provision to the same effect for seafarers (Article 31 of the Seafarers Act).

Regarding the validity of labor contracts, work rules, collective agreements, and laws and regulations, the order is law, labor agreement, collective agreement, and labor contract (however, labor contracts that are more favorable to workers than the work rules are invalid. (Advantage principle)).

Disadvantageous changes in working conditions

Workers and employersagreementAllows you to change the working conditions that are the contents of the labor contract (Article 8 of the Labor Contract Law), but the employer can change the work rules without agreeing with the worker.Workers' disadvantagesIn addition, the working conditions, which are the contents of the labor contract, cannot be changed (Article 9 of the Labor Contract Law), and in principle, the employer cannot unilaterally change the disadvantageous working conditions.

However, the employer gives the changed work rules to the workersWell-knownAnd the change of work rules is "degree of disadvantage to workers" "necessity of change of working conditions" "appropriateness of contents of work rules after change" "UnionStatus of negotiations with, etc. ”In light of other circumstances related to changes in work rulesrationalIf so, the working conditions that are the contents of the labor contract shall be as stipulated in the revised work regulations (Article 10 of the Labor Contract Law), and even if there is no agreement with the worker, he / she will work. Changes in rules can change working conditions to the detriment of workers[9].

Labor contract period

(Ministry of Internal Affairs and Communications Statistics Bureau, FY2019Labor force survey)[10]
Employment statusTen thousand people
Board Member335
Labor contract with no fixed term3,728
Over a yearFixed-term contract451
Fixed-term contracts for one month to less than one year (temporary employment)763
Fixed-term contract less than 1 month (Day labor)15
I don't know the period239

(Contract period, etc.)

Article 14  

The labor contractItems with no fixed periodExcept for, Except for the period required to complete a certain business, the contract shall not be concluded for a period exceeding 3 years (5 years for a labor contract falling under any of the following items).
  1. Professional knowledge, technology or experience (hereinafter referred to as this issue andArticle 41-2In Paragraph 1, Item 1, it is called "specialized knowledge, etc." ) And as an advanced oneMinister of Health, Labour and WelfareLabor contracts concluded with workers who have specialized knowledge, etc. that meet the standards set forth in (limited to those who have jobs that require the highly specialized knowledge, etc.)
  2. Labor contracts concluded with workers over the age of 60 (excluding the labor contracts listed in the previous item)

When the Labor Standards Law came into effect, the upper limit of the fixed-term employment contract was uniformly "1 year", but with the enforcement of the revised law in 11, it has a high degree of professional ability and is flexible beyond the framework of companies. We will create an environment for workers seeking work styles to fully demonstrate their abilities, and companies will utilize such workers to actively develop businesses, and the experience and abilities of the elderly. The upper limit of labor contracts for "specialized knowledge, etc." and "60 years old and over" has been extended to "3 years" for the purpose of securing a place of employment that can make the best use of.Furthermore, due to the enforcement of the revised law in 16, many fixed-term contract workers are repeatedly employed for a certain period of time, and based on the current situation, fixed-term employment contracts are one of the good employment forms from both labor and management. The upper limit has been extended to "3 years" for general employment contracts and "60 years" for employment contracts of "specialized knowledge, etc." and "5 years old or older" for the purpose of being utilized as one. It was.

A person who falls under the first item "Standards set by the Minister of Health, Labor and Welfare" (Notification No. 1 of the Ministry of Health, Labor and Welfare on October 28, 10) falls under any of the following.This is because these persons have specialized knowledge, skills and experience, and are considered to be workers who are not inferior in negotiations when deciding their own working conditions.In addition, it is not enough for workers to have these qualifications, etc., and it is necessary that the labor contract permits them to carry out work related to the qualifications, etc. (based on October 19, 376). Departure 15).

  1. DoctorDegree (including the corresponding degree conferred in a foreign country)
  2. Person who has any of the following qualifications
  3. Law concerning promotion of information processingStipulated in Article 29Information Technology Engineer ExamOf the categories of "IT Strategist ExamThose who have passed the or information processing engineer examination rules, etc. Of the relevant categories before the revision pursuant to the provisions of Article 2 of the Ministerial OrdinanceSystem analyst testThose who passed orActuaryQualification exam (Insurance business lawAn actuarial and pension actuarial examination conducted by a corporation designated pursuant to the provisions of Article 122-2, Paragraph 2. ) Passed
    • "Actuary" is to calculate the insurance premium rate, determine the dividend level, develop insurance products, design the corporate pension, etc. by making full use of the method of probability and mathematical statistics, and it is called "actuary qualification test". Is an incorporated associationJapan Actuary AssociationRefers to the qualification test for actuaries conducted by the government (October 15, 10, No. 22).
  4. Patent lawThe inventor of the patented invention prescribed in Article 2,Design lawThe person who created the registered design stipulated in Article 2 orSeedling methodThose who have cultivated the registered varieties specified in Article 20 (1)
  5. The amount of wages that fall under any of the following and is expected to be paid during the term of the labor contract is converted into the amount per year.1,075 million yenThings that do not fall below
    • Planning, design, and analysis of science and technology of agriculture, forestry and fisheries or mining and manufacturing (excluding those related only to the humanities; the same shall apply hereinafter) or matters requiring specialized application ability related to science and technology related to machinery, electricity, civil engineering or construction. , Persons who intend to engage in testing or evaluation work, Information processing system (a system in which multiple elements are combined for the purpose of information processing performed using a computer)ProgramIt is the basis of the design of. ) Analysis or design work (""System EngineerPersons who intend to engage in the business of "") or those who intend to engage in the business of devising new designs such as clothing, interior decoration, industrial products, advertisements, etc., and fall under any of the following.
      1. School education lawBy university (Junior collegeexcept for. ), Those who have graduated from the department related to the business they are going to get (including those who have completed the department related to the business they are going to get, as stipulated in Notification No. 28 of the Ministry of Education, 5). , Those who have more than 5 years of experience in the work they are trying to get
      2. Junior college under the School Education LawCollege of technologyThose who have graduated from the department related to the work they are trying to get in, and have more than 6 years of experience in the work they are going to get.
      3. According to school education lawhigh schoolThose who have graduated from the department related to the work they are trying to get in, and have more than 7 years of experience in the work they are going to get.
        • The "department of work to be employed" is related to the work to be engaged by workers.The "department" also includes the "course" that is established in place of the department based on Article 5 of the University Establishment Standards. "Experience of working for more than 15 years" includes the experience before obtaining each degree and qualification (October 10, 22, No. 1022001).
        • "The amount of wages that are surely expected to be paid" means that, regardless of the name, it is promised and paid in advance with a specific amount in individual labor contracts or work regulations. All wages that are definitely expected are included.Therefore, this does not include bonuses paid for overtime work, bonuses paid according to the work performance of workers, performance salaries, etc. for which the amount to be paid has not been determined in advance.However, if a so-called minimum guarantee amount is set for bonuses and performance salaries and it is certain that the minimum guarantee amount will be paid, the minimum guarantee amount will be included (based on October 15, 10). 22).
    • A person who is trying to grasp the problems to utilize the information processing system in business operation or to devise or give advice on the method to utilize it (so-called), and has been in the business of a system engineer for more than 5 years. Those who have experience
  6. National, local public bodies,InstituteOrGeneral FoundationOthers who are recognized as having excellent knowledge, skills or experience by equivalents (limited to those who are recognized by the Director of Labor Standards Bureau of the Ministry of Health, Labor and Welfare as equivalent to the persons listed in the preceding items).
    • "Persons approved by the Director of the Labor Standards Bureau of the Ministry of Health, Labor and Welfare" shall be determined by the notification of the Director of the Labor Standards Bureau of the Ministry of Health, Labor and Welfare as necessary (October 15, 10, No. 22).However, the notification has not been issued at present.

The second item, "Labor contracts concluded with workers over the age of 2," isAt the time of contract conclusionIt must be concluded with a worker who is 60 years old or older (January 11, 1, No. 29, October 45, 15, No. 10).

Construction work, etc.Fixed-term businessIf so, it is possible to conclude a labor contract for a period exceeding 3 years (5 years) until its completion.Excluding the labor contracts in each of the above items and the labor contracts for the period required to complete a certain business, it exceeds one year.Fixed-term employment contractEven a worker who has signed a contract can retire at any time (even if there is no unavoidable reason) by applying to the employer after one year has passed from the first day of the contract period (Article 1). ).

Occupational Ability Development Promotion ActIf it is necessary for a worker who receives vocational training certified by the prefectural governor based on Article 24, Paragraph 1, the contract period shall be specified by the Ordinance of the Ministry of Health, Labor and Welfare to the extent necessary. (Article 70), and a contract period of more than 3 years (5 years) can be set within the training period stipulated in the Enforcement Regulations of the Vocational Ability Development Promotion Law.In this case, the training period specified at the relevant business establishment must not be exceeded (Article 34-2-2 of the Enforcement Regulations).


Standards for the conclusion, renewal and suspension of fixed-term employment contracts

Article 14

2. The Minister of Health, Labor and WelfareFixed-term employment contractMatters concerning notification of the expiration of the employment contract period that the employer should take in order to prevent a dispute between the worker and the employer at the time of the conclusion of the employment contract and the expiration of the employment contract period. Criteria can be set for necessary matters.

3. The administrative agency shall provide necessary advice and necessary advice to the employer who concludes a labor contract with a fixed term regarding the criteria set forth in the preceding paragraph.TeachingIt can be performed.

With the enforcement of the revised law in 16, paragraphs 14 and 2 were added to Article 3.Based on Article 14 (2), the Minister of Health, Labor and Welfare has set standards for the conclusion, renewal and suspension of fixed-term employment contracts (so-called ""Hiring stop criteria, October 24, 10, Ministry of Health, Labor and Welfare Notification No. 26).This standard is not legally binding, but in recent yearsLabor contract lawRegulations on fixed-term employment contracts have been strengthened due to such factors, and it will be helpful as an interpretation regarding renewal of labor contracts.

Hiring Stop Standard Article 1

  • The userFixed-term employment contract(Only for those who have renewed the contract three times or more, or who have been working continuously for more than one year from the date of hire., Excludes those that are clearly stated in advance not to renew the contract.The same applies in Paragraph 2 of the next article. )If you decide not to updateAt least on the expiration date of the contract30 days before your tourBy then, the notice must be given.

Hiring Stop Standard Article 2 

  1. In the case of the preceding article, when the employer requests a certificate as to the reason why the worker decides not to renew it, he / she must issue it without delay.
  2. If a fixed-term employment contract is not renewed, the employer shall, when requesting a certificate as to why the worker did not renew, issue it without delay.

Hiring Stop Standard Article 3

  • The employer shall have a fixed-term employment contract (limited to those who have renewed the contract at least once and have been working continuously for more than one year from the date of hire). If you intend to renew, the contract period will be changed according to the actual situation of the contract and the wishes of the worker.Make it as long as possibleI have to try.

Prohibition of compensation schedule

(Prohibition of compensation schedule)

Article 16  

The employer is the labor contractdefault penaltyOrRestitution for DamagesDo not make a contract to schedule the amount.

The other party of the contract is not only the workerParental authority,Identity guarantorEtc. are also included.In addition, it should be notedIt is prohibited to set in advanceIt has been doneEven if you do not actually collect it, it will be a violation just to set it..However, it is not prohibited to compensate for damages that actually occurred (No. 22 issued on September 9, 13).There is a provision to the same effect for seafarers (Article 17 of the Seafarers Act).

When the employer pays the expenses to send the employee to study abroad, the employer takes the form of lending the cost of studying abroad to the worker, and concludes a contract that the refund is exempted if the employee continues to work for a certain period after returning to Japan. If so, such contracts are exempt money separate from the employment contract.Consumption loanIf it is considered to be a contract, it does not constitute a violation of Article 16.However, even in that case, if the refund exemption standard is unclear or the refund amount is excessively high, the cost refund provision will be illegal as it excessively restrains the retirement of workers. sell(Haseko CorporationCase, Tokyo District Court 9.5.26).

The sanctions for salary reduction (Article 91) do not violate Article 16.

Prohibition of pre-debt offset

(Prohibition of offsetting previous debt)

Article 17  

The employer is an advance debt or other advance loan on condition that he / she works.ReceivableAnd wagesOffsetshould not be done.

"Borrowing"I borrow money from the employer on condition that I work, and in the future, by wagesRepaymentThe money that you promise to do.Completely separate the loan relationship and the labor relationship, based on the loan relationshipPrevents identity restraintIt is the purpose of Article 17 to do.Therefore, loans that a worker receives from an employer based on personal credit, advancement of the repayment period, etc. that are clearly not accompanied by status restraint are not included in the claims that are conditional on working (Showa 22). No. 9 issued on September 13, 17).In addition, since Article 17 prohibits "offset the worker's claim (wage claim) against the wage with the employer's claim (advance loan claim) for the advance debt", hand over the advance debt. It is not forbidden in itself (Tokyo High Court, 48.11.21). 

UserUnionIf you lend living funds for the purchase of daily necessities, etc. based on the conclusion of a collective agreement with or a worker's offer, and then deduct this loan from wages in installments, the cause, period, and amount of the loan. , Comprehensively judge the existence of interest rates, etc.Working is not a conditionIf it is extremely clear, Article 17 does not apply (October 23, 10, No. 15).As a concrete example of offset by labor-management agreement,Housing loanThere is a Supreme Court ruling that finds it legal if the offsetting of the agreement made with respect to the above is found to be based on the free will of the worker (Nisshin SteelCase, Saiban Hei 2.11.26).

The business ownerChildcare leaveThe system to reimburse the insured's share of social insurance premiums during the period and deduct it from wages after returning to work is extremely high.interest rateIn general, it does not violate Article 17 unless the loan is subject to labor.However, in this case,Based on the proviso of Article 24, Article 1 (wage deduction agreement, principle of full payment of wages and exceptions)Labor-management agreementIs required..In addition, if you work for a certain period of time, the treatment of exemption from the debt does not violate Article 17 (December 3, 12, No. 20).

(Limitation of offset)

Article 35 of the Seafarers Act  

Ship ownerMust not offset the claims on the seafarers with the obligation to pay salaries.However, when the amount of offset does not exceed one-third of the amount of salary and of the seafarerscrimeThis shall not apply when the right to claim damages due to the act is made.

The Seafarers Act has provisions that are different from the Labor Standards Act.

Prohibition of forced savings

The userAttached to the labor contractYou must not make a contract for savings or a contract for managing savings (compulsory savings) (Article 18, Paragraph 1).Before the war, forced savings were used as a stalemate for workers, and it was sometimes difficult or impossible for workers to divert their savings to business funds and receive refunds.for that reason,The Labor Standards Law completely prohibits compulsory savings.

On the other hand, making in-house deposits on behalf of workers (voluntary savings) is not prohibited.There is a provision to the same effect for seafarers (Article 34 of the Seafarers Act).Specifically, "in-house deposits" that the employer accepts and manages deposits directly, and deposits accepted by the employer are deposited in the name of a worker at a financial institution, etc., and the passbook and seal are kept by the employer. There is a "passbook storage".In any case, the user must take the following measures (common measures).

  • Labor-management agreementConcluded (Savings Management Agreement)JurisdictionLabor Standards Inspection OfficeNotify the chiefThat (Article 18, Paragraph 2)
    • Notification is made using Form No. 1 (Article 6 of the Enforcement Regulations).It is not only a violation of Article 18 (2) but also that the employer accepts the deposit of the worker without concluding and notifying the agreement.Investment LawThere is a risk of conflicting with (January 52, 1, No. 7).
  • Establish savings management rules and take measures such as installing them in the workplace to make them known to workers (Article 18, Paragraph 3).
  • When a worker requests the return of savings, return it without delay (Article 18 (5))

If the worker is a dispatched worker, the employer of the dispatching agency manages the savings.The dispatched user cannot manage the savings(January 61, 6, No. 6).

If the worker requests the return of the savings but the employer does not return the savings and it is deemed that continuing the management of the savings will significantly harm the interests of the worker, the labor under the jurisdiction The Chief of Standards Inspection Office may order the employer to discontinue the management of the savings within the necessary limit (Article 18 (6)).[11]..An employer who is ordered to discontinue the management of savings under this provision must return the savings related to the management to the worker without delay (Article 18 (7)). "Within the required limit" means to suspend all or part of the workers entrusted with savings management, and to manage some of the savings of individual workers. It does not mean that it will be canceled (September 27, 9, No. 20).

In-house deposit

In the case of in-house deposits, the following measures must be taken in addition to the common measures.

  1. Establish the following items in the savings management agreement (Article 5-2 of the Enforcement Regulations)
    • Scope of depositors
      • The "scope of depositors" is limited to the "workers" referred to in Article 9.Therefore,Director-Statutory AuditorPersons who do not have a usage subordination relationship with the business owner (excluding those who do not have the right of representation or business execution and are in the position of factory manager, department manager, etc. and receive wages from the business owner), retired employees, Workers' families and in-house fellowships are not included (January 52, 1, No. 7).
      • As a business owner, those who can manage the savings of workers pursuant to Article 18 (2) are limited to the employers stipulated in Article 10, and the mutual aid association of the company is not included in this (January 52). 1th basic departure No. 7).
    • Limit on deposit amount per depositor
      • It is clarified that the funds for the deposits to be accepted will not be other than the "wage" referred to in Article 11 based on the employment relationship.It is not appropriate for a worker's family to make a deposit in the name of the worker, the income of the worker's side business, the income from the disposal of property, etc. (January 52, 1, No. 7).
      • The limit of the deposit amount per depositor shall be specifically determined in consideration of the wage level of the business establishment, the purpose of deposit, etc., in line with the above purpose. The provision of "52 months worth of wages" also falls under the "specific provision" (January 1, 7, No. 4).
    • Deposit interest rate andinterestCalculation method
      • In the case of in-house deposits, the employer must bear interest (Article 18 (4)).This is to regulate the minimum interest rate of deposits and protect workers, but it is also the original purpose to set an extremely high interest rate, and the harmful effects of this can not be ignored.Administrative guidanceThe upper limit of the above interest rate shall be determined in relation to the fluctuation of the maximum interest rate of the market deposit (January 52, 1, No. 7).However, as of 4Market interest rateIs completely liberalized, and ensuring the safety of deposits at a remarkably high interest rate should be achieved not by the guidance of guidance on the maximum interest rate, but by optimizing conservation measures. Compared to the 30's to 40's, which was the background of the guidance related to the above, changes in the situation such as the fact that it has become easier for companies to raise funds from financial institutions and the market interest rate is at a low level. Therefore, in the current situation, it is recognized that the maximum interest rate is shown and the significance of providing guidance related to it is becoming less significant, such as the fact that a significantly high interest rate is not expected to be set. It is said that no guidance will be given on interest rates (February 8, 2, No. 16).
      • 下限利率は、市中金利の実勢を考慮した妥当な利率に改正していくものであることから、毎年1月に見直し作業を行い、改正の必要が認められる場合には、4月1日を施行日とし、年度単位で改正を行うこととしていること(昭和52å¹´1月7日基発4号、平成9å¹´1月16日基発17号)。現在の下限利率は年0.5%とされ(令和3å¹´7月6日基監発0706第1号)、導入企業の平均利率は年0.79%である[12]..Even if an interest rate below the minimum interest rate is set, it becomes invalid, and in this case, it is considered that the minimum interest rate has been set.
      • The "interest calculation method" defines the distinction between simple interest and compound interest, the unit of interest, and the calculation period of interest (January 52, 1, No. 7).
    • Deposit acceptance and refund procedures
      • In order to optimize savings management, it is natural that the deposit amount must be always clarified for each depositor, and in the agreement, at least the amount of deposits received, refunds and deposits such as passbooks, etc. It is necessary to specify the delivery of a document recording the balance and the provision of a deposit ledger that records these matters for each depositor.The document to be delivered to the depositor is usually a deposit passbook in the case of ordinary deposits and savings deposits, and a deposit certificate in the case of time deposits. For items that are limited to those that are deducted from wages and accepted as deposits based on the agreement under the provisions, the amount of reserves and the total amount of reserves for the month shall be stated in the wage payment statement issued to the depositor, and this shall be the deposit passbook. It is permissible to replace it with.The deposit ledger may be managed collectively at the head office, etc. (January 24, 1, No. 52).
    • Of depositConservation method
      • Business owners every year3/31Deposit amount received at[13]About one year after the same daySavings conservation measuresMust be taken (Wage payment security lawArticle 3), the chief of the Labor Standards Inspection Office may, when the employer has not taken conservation measures, order the employer to correct it by designating a deadline in writing (securing wage payments). Law Article 4).Retirement allowanceWith regard to the above, efforts must be made to take measures equivalent to conservation measures for a certain amount to be allocated to the payment (Article 5 of the Wage Payment Securing Law). "Savings conservation measures" is one of the following methods (Article 2 of the Wage Payment Securing Law Enforcement Regulations).It should be noted that this Article lists the measures that are deemed appropriate as savings conservation measures, and although it is permissible to use two or more of the measures specified in the same Article, measures other than those specified in the same Article may be taken. If so, it is not accepted as a conservation measure stipulated in the Wage Confirmation Law (January 52, 1, No. 7).
        • bankAt other financial institutionssecurityAgreement
          • This method involves guaranteeing financial institutions or debts for the return of deposits.Public interest corporationThe one designated by the Minister of Health, Labor and Welfare is the business owner.Solidarity GuaranteeHowever, this is intended to protect deposits (January 52, 1, No. 7).
        • With a trust companytrustAgreement
          • This method is with the business ownerTrust companyThe employer is involved in the refund of savings with (including banks that also operate trust business)I can no longer meet my obligationsIn this case, in order to repay the depositor from the trust property, a trust contract is concluded in which the property owned by the business owner is the trust property.It is desirable that the trust property is easily converted into cash.In addition, since it is not preferable to use items that cause price fluctuations, it is desirable to use money or other items with stable values ​​(January 52, 1, No. 7).
        • PledgeOrMortgagesettings of
          • In this method, the business owner or the business owner secures the claim related to the refund of the savings between the depositor and the business owner.third partyA pledge or mortgage setting contract is concluded in which the property owned by the company is the object of the pledge or mortgage.As for pledges, those that cause price fluctuations are not preferable, so it is desirable to use deposit claims, financial bonds, claims under life insurance contracts, etc. held by the pledge setter (business owner) against financial institutions as pledges.In addition to real estate, the objects of mortgages include various foundations under the Mortgage Law (factory foundations, mining foundations, etc.), automobiles, construction machinery, etc.Mortgages can be set up to secure multiple claims for the same object, and the priority between the mortgages isregistrationAs a general rule, it is desirable to set the first-ranked mortgage because it is determined before and after A subordinate mortgage may be used as long as it is sufficient to secure the claim relating to the refund of the subordinate savings.In this case, for a third partyCounter requirementPlease note that you cannot compete with a third party unless you have (registration of the setting of the mortgage) (January 52, 1, No. 7).
        • Establish a Deposit Conservation Committee and establish a savings management account and other appropriate measures
          • The Deposit Conservation Committee will take measures such as accounting the deposits of workers as a savings management account to reflect the intentions of the workers who are depositors in managing savings and to manage their own deposits. By monitoring the safety, if there is a risk of non-refundability, the depositor is expected to voluntarily withdraw the deposit in advance, and the deposit is substantially protected.Therefore, the Deposit Conservation Committee can give opinions to business owners regarding the management of savings, but it is not an organization that negotiates and decides how to manage deposits.The Deposit Conservation Committee cannot be recognized as a legal conservation measure unless it meets all the requirements of Article 2 of the Wage Confirmation Regulations.The Deposit Conservation Committee shall be established on a company-by-company basis if savings management is carried out on a company-by-company basis, and on a business site-by-business or company-by-company basis if it is carried out on a business-site basis. Specify the unit (January 2, 52, No. 1).
          • The "savings management account" is one of the credit accounts that records the status of acceptance and withdrawal of in-house deposits. By doing so, the status of receipt and payment of deposits is always clarified, and the activities of the Deposit Conservation Committee are effective. It is for making things.Specifically, a savings management account is set up in the ledger for the amount received as savings and the amount refunded, and the amount is entered in this account.This account shall be closed for each quarter, and it is also necessary to clarify the operational status of savings in each quarter. "Other appropriate measures" refers to the reserve requirement system, and either the establishment of a savings management account or the reserve requirement system may be adopted, but either of them shall be adopted. It must be clarified in the agreement.In addition, since setting up a savings management account in conjunction with the establishment of the Deposit Conservation Committee merely confirms the status of receipts and payments, in order to enhance the substantial conservation function, it is necessary to use a savings management account. It is desirable to use the reserve requirement system together (January 52, 1, No. 7).
  2. The matters set forth in the preceding paragraph and their specific handling shall be stipulated in the Savings Management Regulations.
  3. Report the status of deposit management for the year prior to March 3 every year to the Chief of the Competent Labor Standards Inspection Office by April 31 using Form No. 1 (Deposit management status report, Article 104-2, Enforcement Regulations Article 57)
    • If all of the following requirements are met, the deposit management status report can be collectively reported to the director of the Labor Standards Inspection Office in charge of the head office (January 52, 1, No. 7).
      • The contents of the labor-management agreement regarding savings are the same at branch offices, etc.
      • The deposit ledger is centrally managed at the head office
      • Conservation measures are taken collectively at the head office for deposits at branch offices, etc.
  4. Earn interest at an interest rate of 5 liters or more per year
    • If the interest rate is 5 ㎘ or more per year, the interest rate may be the daily interest rate (March 63, 3, No. 14).
Passbook storage

In the case of passbook storage, in addition to common measures, the name of the financial institution to which the deposit is made, the type of deposit, the method of storing the passbook, and the method of depositing and withdrawing deposits must be stipulated in the Savings Management Regulations (March 63, 3). Nikki No. 14).


Those who violate Article 15 Paragraph 1 or 3 are 30 yen or lessfine(Article 120).The article is a penalty for employers who did not specify working conditions and did not bear the travel expenses for returning home, and stipulates penalties for the specified working conditions differing from the actual working conditions. Not done.

Those who violate Article 16, Article 17, Article 18 Paragraph 1 are 6 months or lessImprisonmentOr you will be fined up to 30 yen (Article 119).

A person who violates Articles 14 and 18 (7) will be fined up to 30 yen (Article 120).Article 14 does not stipulate either employers or workers, but in view of the legislative purpose of the article, the penalties of the article apply only to the employer (December 22, 12, No. 15, April 502, 23, No. 4).No penalties are stipulated under the Labor Standards Act for violations of Article 5 (535), but there is no problem of penalties simply by failing to conclude or report an agreement.If you do not meet the requirements of the same article and accept the deposit in violation of this, you will be in violation of Article 18 of the Investment Law and will be punished by imprisonment with work for not more than 2 years, a fine of not more than 2 yen, or both. It is said that it can be done (June 3, 30, No. 23).


[How to use footnotes]
  1. ^ Labor Standards Law, Article 15, Paragraph 1
  2. ^ Employment Security ActArticle 5-3 Paragraph 2
  3. ^ However, there are no penalties for Articles 1 and 2 of the Labor Standards Act.
  4. ^ The Supreme CourtMitsubishi resin caseIn the judgment, "Article 3 of the Labor Standards Law prohibits discrimination on wages and other working conditions based on the beliefs of workers, but this is a restriction on working conditions after hiring.It is not a regulation that restricts hiring itself.. (Showa 43 (E) No. 932 Labor Contract Relationship Existence Confirmation Request Case).
  5. ^ Of the 189 ILO treaties, only 2016 have been ratified by Japan as of 49.
  6. ^ Main style download corner The Ministry of Health, Labor and Welfare has prepared a model of working condition notification.
  7. ^ "What is different from the fact" means that the worker according to Article 15 (2)When the labor contract can be canceled immediatelyIt is judged in the same way as (September 30, 9, No. 7).
  8. ^ "Guidelines for employers to take appropriate measures regarding improvement of employment management of foreign workers" (19 Ministry of Health, Labor and Welfare Notification No. 276)
  9. ^ As a precedent, the Yamanashi Prefectural Credit Union Case (maximum judgment February 28, 2)
  10. ^ Labor Force Survey (Basic tabulation) National Annual 2019 (Report). Ministry of Internal Affairs and CommunicationsStatistics Bureau(2019-01-31). Basic tabulation Table II-10. https://www.e-stat.go.jp/stat-search/files?page=1&layout=datalist&toukei=00200531&tstat=000000110001&cycle=7&year=20190&month=0&tclass1=000001040276&tclass2=000001040283&tclass3=000001040284&result_back=1. 
  11. ^ The suspension order will be issued by the Chief of the Competent Labor Standards Inspection Office in a document in Form No. 1-3 (Article 6-3 of the Enforcement Regulations).
  12. ^ 1% treasure deposit is also a mystery of the "lower limit" of internal deposits Nihon Keizai Shimbun March 2020, 8
  13. ^ The amount of savings that should be protected is the total amount of deposits received as of March 3 of each year stipulated in Article 3 of the Wage Confirmation Law, and even if the amount of deposits received increases or decreases thereafter, it is legally protected. It does not affect the amount of savings to be made.Therefore, when saving savings under a guarantee contract, pledge setting contract, or mortgage setting contract, it is customary to obtain a root guarantee, pledge, or root mortgage with a certain maximum amount (Showa). January 31, 52, No. 1).

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