Case referred to prosecutors by the Labor Standards Inspection Office

 

The cases referred to prosecutors by the Labor Standards Inspection Office are generally divided into the following seven types

(1) Those for which no health and safety measures have been taken in relation to work-related injuries.

(2) Covering up Workers' compensation

(3) Long hours of work

(4) Unpaid wages (minimum wage)

(5) Overtime for non-payment of wages

(6) Violations of the law pertaining to technical interns

(7) Others (e.g., failure to give notice of working conditions, failure to give notice of termination, failure to prepare wage ledgers, false reports, etc.)

 

In the first case, there were cases where no risk prevention measures were taken, work was carried out by unqualified personnel, and work was not authorized by the government authorities. Just like the police, the Labor Standards Inspection Office appears to be dealing strictly with cases where accidents (industrial accidents) have occurred and no measures have been taken to protect human lives. There were several cases of work-related accidents that were not reported to administrative authorities (i.e., cases of failure to submit reports of worker injuries and illnesses = (2)), indicating the importance of reporting accidents.

 

On the other hand, in relation to working conditions, the majority of cases were related to (3) long working hours, (4) failure to pay wages (minimum wage), and (5) overtime for non-payment of wages. In light of the content of the public announcements, it can be assumed that the government considers whether or not a case can be filed, taking into account the key issues of the labor standards administration at the time, repeated violations and the extent of damage. Although not made public in principle, it is believed that there are a considerable number of cases involving criminal complaints and accusations made by employees, given the recent social focus on labor problems and the growing awareness of employee rights.

 

In summary, the following matters appear to have been taken into account by the Labor Standards Inspection Office when referring the case as a judicial case. Companies would need to anticipate and address the risks based on these considerations.

・Repeated violations of the law

・Number of people affected (number of people, duration and amount of damage)

・Key administrative issues and matters of high social concern

・Industrial accidents (serious accidents) and violations of the law (have a causal connection)

・Covering up Workers' compensation

・Charges and accusations