Wednesday, September 16, 2020

Workers' compensation insurance benefits for multi-employer workers began in September


The purpose of the amendment
Until now, workers working for more than one company have been challenged by the fact that insurance benefits are not based on the amount of wages paid by all the companies they work for, and that the work load (e.g., hours worked, stress, etc.) of all the companies is not evaluated together to determine workers' compensation.

For this reason, the Workers' Accident Compensation Insurance Act has been amended in light of changes in the circumstances surrounding side jobs and dual employment, such as the increasing number of part-time workers and those who choose to work in a variety of ways or are working in multiple jobs, from the perspective of creating an environment in which workers in multiple businesses can work safely.

Who is subject to the amendment?
The subject of this revised system is "multi-employer workers". A "multi-employer worker" refers to a worker who has labor contracts with multiple workplaces that are not under the same employer at the time of the disaster (injury, illness, or death due to work or commuting).

Even if you are not in a labor contractual relationship with more than one company at the time of the disaster, if you were in a labor contractual relationship with more than one company at the time of the event that caused or contributed to the disaster, you are covered by the revised system as a "person similar to a multiple business worker". In addition, those with special enrollment in workers' compensation insurance are also subject to the revised system.

Amendments
(1) Insurance benefits for multi-employer workers will now be based on the wages of all companies in which they work. Until now, insurance benefits have only been based on the wages paid at the workplace where the disaster occurred. 

(2) Injury, illness, disability, or death caused by multiple occupational factors are also covered by workers' compensation insurance. This new injury or illness that is the cause of payment is referred to as "multiple factor injury". Injury, illness, etc., such as brain and heart diseases and mental disorders are covered.

If the work load (working hours, stress, etc.) of a single workplace does not qualify as an occupational injury, a comprehensive evaluation of the work load of multiple workplaces, etc. is conducted to determine whether or not it can be recognized as a work-related injury. If a worker's accident is recognized as a result of this evaluation, various insurance benefits will be paid based on the above "multiple factor injury".

If a worker's accident certification can be determined based on the evaluation of the workload of only one workplace, it is still considered an "occupational injury" and various insurance benefits related to the occupational injury will be paid. Even in this case, the insurance benefits will be based on the total amount of wages of all the workplaces.

www.labor-consultant.com

Tuesday, September 1, 2020

How is the childcare leave system used? ~The 2019 Basic Survey on Equal Employment Status by the Ministry of Health, Labour and Welfare

 


◆The percentage of women in managerial positions and the percentage of women taking childcare leave

The Ministry of Health, Labour and Welfare released the results of the 2019 Equal Employment Opportunity Survey on July 31st. The survey is designed to ascertain the actual status of employment management with regard to equal treatment of men and women and balancing work and family life. In 2019, the percentage of women in managerial positions and the use of childcare and family care leave systems were surveyed at companies and business establishments nationwide (as of October 1, 2019).

◆Percentage of employees who took childcare leave

In this survey, we would like to draw attention to the results of the survey on the use of the childcare leave system (6,209 workplaces (3,460 workplaces with valid responses, 55.7% response rate)). Of the women who gave birth during the year from October 1, 2017 to September 30, 2018, the percentage of women (and in the case of men, men whose spouses gave birth to children) who began childcare leave by October 1, 2019 (including those who had applied for childcare leave) was 83.0% for women (82.2% in fiscal year 2018) and 7.48% for men. (6.16% in fiscal year 2018).

◆Acquisition rate of workers with fixed-term contracts

The percentage of women with fixed-term contracts who gave birth during the same period was 77.5%, up 7.9 percentage points from the previous survey (69.6%), while the percentage of men with fixed-term contracts whose spouses gave birth during the same period was 3.07%, 4.47 points lower than the previous survey (7.54%). The take-up rate for male fixed-term workers was lower than in the previous survey, indicating that the rate has not grown as fast as for female workers.

◆Promotion of male employees' maternity leave

The Japanese government has long been working to encourage men to take childcare leave. Although the childcare leave quota has increased for seven consecutive years, the rate of increase has remained modest, and we are nowhere near achieving the government's goal of 13% in 2020. In response to this situation, the Ministry of Health, Labour and Welfare is considering establishing a new leave of absence system for fathers, focusing on the period immediately after the birth of their children. The proposal is to allow fathers to take a leave of absence for four weeks after the birth of their children with a simple procedure and increase the benefits.
Amidst a change in social awareness of the way people work due to the impact of COVID-19, companies may need to consider how to accommodate male employees taking the childcare leave.