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🏛 | Nobuteru Ishihara's constituency branch employment adjustment subsidy received over XNUMX yen


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Received Nobuteru Ishihara's constituency branch employment adjustment subsidy of over XNUMX yen

 
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According to the income and expenditure report of the constituency branch represented by Mr. Ishihara, Mr. Ishihara will pay the employer a leave allowance etc. for the three months from April last year when the business owner affected by Corona pays the employee. It means that he received a subsidy of about 4 yen.
 

The constituency branch, represented by Nobuteru Ishihara, Special Advisor to the Cabinet of the Liberal Democratic Party, will be provided to businesses affected by the new Corona ... → Continue reading

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(I.e.

(I.e.(To the destination)Labor Standards ActBased on (Showa 22 Law No. 49), etc.,userFor reasons that should be attributed toClosedIf you doWorkerIs the allowance paid to.Workers' compensation insurance(Injury insurance) Leave compensation benefits (Business accident)・Leisure benefits (Commuting accident) Is different.

Even during the holidaysCollective agreement・By employment rules, labor contracts, etc.Days OffThe leave allowance does not have to be paid on the days specified as stipulations or on the day when the substitute leave grant order is issued under Article 33(2).[3].

  • Regarding the Labor Standards Law, only the number of articles will be described below.

Article

Article 26 (leave allowance)
In the case of suspension of business due to reasons attributable to the employer, the employer shallAverage wageMust pay more than XNUMX% of the allowance.

Article 26Civil lawThe general principle ofMinimum of workersLifeProtectionIn view of the fact that is insufficient aboutForced lawIt is a rule that purports to guarantee 60% of the average wage[4].. The leave allowance is "wageThe user has to calculate and pay the payment method.Labor regulationsThe same 5 principles as wages are applied to actual payments.[5].. However, even if there is no description in the employment regulations, or even if it is more disadvantageous to workers than Article 26, at least 60% of the average wage will be paid for leave due to reasons attributable to the employer. There must be[6].

"Closed" here means one dayworking timeFor part of thehuman resourcesIncludes leave as a measure[7].Modified working hours systemFor example, 60% or more of the average wage must be paid even if the prescribed working hours are shorter than usual (the amount of leave allowance does not change depending on the prescribed number of working hours on the holiday).[8]). In the case of partial leave, if the wage for the actual working time is less than 60% of the average wage, you must pay a leave allowance equal to or more than the difference (totallyThe laborEven without it, 60% of the average wage is guaranteed.[9]).

Applicable case

The "reasons attributed to the responsibility of the user" as referred to in Article 26 is defined in Article 536, Paragraph 2 of the Civil Code.Fault liabilityWider thanBusiness obstacles caused by usersincluding(Northwest AirlinesCase / maximum judgment July 62, 7). Also, Article 17 of the Civil Code is an optional provision, and an agreement contrary to this is valid,Article 26 is a mandatory regulation, An agreement that falls below the standards set forth in the same articleInvalidBecomes

Examples of those falling under Article 26 are:

  • Closed due to business obstacles (recession, financial difficulties, lack of materials, etc.)
  • Without noticeDismissalIn the event of a notice, the company will be closed during the notice period (May 24, 5, based on 13)
  • Dissolution of corporationregistrationLater, if you have to pay the severance notice allowance due to delay in liquidation work (February 24, 2, basic income 8)
  • Home waiting for new graduates hired to hire (March 63, 3, No. 14)
  • Of some workersstrikeIf the employer refused this even though it was possible to get the rest of the workers to work (December 24, 12 2 No. 3281)
  • Annual paid leaveWhen all employees who do not have the right to annual paid leave are closed
  • The person has no symptoms and is able to work, but there is a person infected with an infectious disease in the surroundings, so when the employee is to leave the work at his or her own discretion.[10].

On the other hand, as an example of things that do not apply,

  • Closed due to natural disasters
  • Industrial Safety and Health ActAccording toMedical checkupClosed based on the results of the (No. 23 departure from October 10, 21, No. 1529 departure from March 63, 3)
  • Closed due to an order to give a substitute leave (June 23, 6 basic income No. 16)
  • Lock out(Closed only for those that are legally recognized as socially accepted. June 23, 6, based on 17)
  • Self at another business sitecombinationStrike non-participants (so-called partial strikes) who were unable to work due to a strike in North America (North West Airlines Incident)
  • After the strike is resolved, when restarting the operation, it is not possible to work all at once due to the time difference of the line work (limited to those that do not exceed the unavoidable limit. October 28th, 10, No. 13)
  • WorkersHXNUMXNXNUMX influenzaIf you are infected with and are closed due to the guidance of a doctor[10].. A leave allowance must be paid for days off that exceed the doctor's guidance.[10].
  • When a large-scale outbreak is suspected at a business site, etc.[10].
  • When an emergency declaration is issued due to an emergency in the nation, and a request for refraining from sales is received.[12][Reliability required verification].

For dispatched workers, it is necessary to judge whether there is "the reason attributable to the employer".Dispatch originIs done about the business of (No. 61 from June 6, 6).

Benefit obligation

Failure to pay leave allowance is at the worker's request裁判 所In addition to the unpaid amount for the amount to be paid by the user, the same amount as the additional amount may be ordered (Article 114), but the worker's claim is when the obligation to pay is neglected. Within 2 years (Article 114 proviso). In addition, those who violate Article 26 will be fined up to 30 yen (Article 120).

Note that compliance with the minimum standards stipulated by the Labor Standards Act (payment of 6% or more of wages) and the effectiveness of leave orders are different.[13].

Persons who left the company due to the fact that the company took leave for three months or longer due to the reasons attributable to the employer's blame (when the payment for the leave allowance was made for three consecutive months or more, regardless of the amount) ,employment insurance In receiving the basic allowance inSpecific recipientEmployees who have left the company due to bankruptcy/dismissal, etc. will receive more prescribed days than regular qualifications. The same applies when the paid leave allowance is less than two-thirds of the monthly wage payable to the person for more than two consecutive months (Employment Insurance ActArticle 23, Article 36 of the Employment Insurance Act Enforcement Regulations).

Government subsidy

When the business owner meets the prescribed requirements on leave,Employment adjustment subsidyCan be applied for, and the employer can also use this subsidy to pay leave allowance[14].

footnote

[How to use footnotes]
  1. ^ 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.
  2. ^ Tomoko Ikuko “Holidays, vacations and holidays"The Journal of Japanese Labor Studies, Vol. 657,Labor Policy Research and Training Organization, February 2015.
  3. ^ June 23th, 6, basic income 16, March 1935, 24, basic income 3
  4. ^ December 22, 12 Base departure number 15
  5. ^ No. 25, based on April 4, 6, No. 207, based on March 63, 3
  6. ^ December 23, 7 Base departure number 12
  7. ^ August 27, 8 Basic revenue No. 7
  8. ^ August 27, 8 Basic revenue No. 7
  9. ^ August 27, 8 Basic revenue No. 7
  10. ^ a b c d "Q&A on business/workplace related to new influenza (A_H1N1) (October 21, 10)”. Ministry of Health, Labor and Welfare. 2009/10/31Browse.
  11. ^ Regarding the handling of Article 26 of the Labor Standards Act when planned blackouts are implemented - Ministry of Health, Labor and Welfare March 2011, 23.2011 May 3Occurred inTohoku-Pacific Ocean Earthquake OfDamage/impactByPlanned power outageRegarding the treatment of leave allowance whenMinistry of Health, Labor and WelfareIs "CompanyOn the sideresponsibilityNot a leave allowancecompensationYou don't have toNoticedid.
  12. ^ Is the "leave of absence allowance" no longer issued due to an emergency declaration? Ripple in the opinion of the Ministry of Health, Labor and Welfare
  13. ^ It was decided that it was illegal for three former male employees of the Isuzu Motors Tochigi Plant (Ohira Town, Tochigi Prefecture) to take leave of absence (the allowance during that period was 3% of the wages) due to reduced production (May 6). 2009th Utsunomiya District Court Tochigi Branch)
  14. ^ "Employment adjustment subsidy”. Ministry of Health, Labor and Welfare. 2020/1Browse.

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