Dismissal invalid for no-mask reason -- Condominium janitor wins lawsuit

In a ruling on December 5 in a lawsuit filed by a condominium janitor in his 70s, claiming that he was unfairly dismissed for not following instructions to wear a mask to prevent the new coronavirus, the Osaka District Court ruled that the dismissal was invalid because "the dismissal cannot be considered reasonable under socially accepted norms," and ordered the company to pay approximately 900,000 yen.

According to his attorney, judicial decisions against dismissals over the wearing of masks are rare.

According to the ruling, the man worked as a janitor at a condominium in Settsu City, Osaka Prefecture, and contracted the new coronavirus last May. The following month, after he returned to work, the company approached him about being reassigned to a cleaner at another condominium where wages were lower, after residents complained that the man was working without wearing a mask. When the man refused, he received a termination notice for not following instructions to wear a mask.

The judge noted that the failure to wear a mask was a violation of employment regulations. On the other hand, the judge ruled that it was an abuse of the right to dismiss because there was only one complaint from residents and there was no evidence that the infection had spread in the condominium.

The man claimed that the reassignment was also illegal because it was intended to force him to resign from his job. The court dismissed the case, saying that the reassignment was necessary for business purposes in order to prevent residents from becoming concerned about infection.

Small and medium-sized employers are also obligated to at least a 50% premium rate for overtime work in excess of 60 hours per month - effective April 1, 2023

◆Abolition of deferral measures

Effective April 1, 2023, the regulation that the premium wage rate for overtime work in excess of 60 hours per month shall be "at least 50%" also applies to small and medium-sized employers.

Originally, when an employee worked overtime or on holidays, the employer had to pay premium wages calculated at a rate of not less than 25% and not more than 50%. However, due to an amendment that came into effect on April 1, 2010, it was stipulated that premium wages calculated at a rate of 50% or more must be paid for over 60 hours worked per month. 

However, this revision was not applied to small and medium-sized employers (employers with 300 or fewer workers , 50 or fewer in the retail industry and 100 or fewer in the wholesale or service industry), but it will be applied from April 1, 2023.

◆Alternate leave provisions also apply

The "compensatory leave" provision will be applied to small and medium-sized employers as well, along with the provision that the premium wage rate for overtime work in excess of 60 hours per month be at least 50% of the monthly rate.

Alternative leave is a paid leave of absence in lieu of payment of premium wages at the legally mandated increased rate of premium wages for workers who work overtime in excess of 60 hours in a month, based on a labor-management agreement.

Items to be agreed upon by labor and management include the calculation method of how many hours of compensatory leave should be granted for hours worked in excess of 60 hours per month, and the unit of measure for compensatory leave (one day or half a day).

In addition, when introducing the system, it should be noted that whether or not an individual worker actually takes an alternative leave depends on the worker's intention, and that if an alternative leave is implemented through a labor-management agreement, the matters related to the alternative leave must be stated as "leave" in the work rules.

Don't forget to advise your employees to transfer their corporate DC assets upon their retirement!

◆The total amount of assets left in corporate DC is approximately 260 billion yen!

According to a summary by the National Pension Fund Association, the pension assets of approximately 1.12 million people have been left unmanaged in the defined contribution corporate pension plan (hereafter, "corporate DC"). The number of participants has increased by 1.5 times since the end of fiscal year 2017, when public records were available, and the total amount was approximately 260 billion yen as of the end of the previous fiscal year.

◆Assets to be transferred after loss of company-type DC eligibility

If an employee retires before the age of 60 and loses eligibility for the company DC, there are two major options: (1) transfer assets to another company DC, or (2) transfer assets to iDeCo. You have two major options. If the transfer procedure is not completed within 6 months of the loss of eligibility, the assets will be automatically sold and converted into cash and transferred to the account of the National Pension Fund Association or a specific operation management institution. (so called automatic transfer).

◆Disadvantages of "automatic transfer

If automatic transfers are made, not only are fees charged to the National Pension Fund Association and the specified management institution, but also monthly management fees are charged, and it is not possible to give investment instructions for the assets or request benefits. In addition, the total period of participation will not be counted, and the start of receiving benefits may be delayed.

Corporate practitioners should remember to advise their employees about this corporate DC asset transfer, along with other retirement procedures, when they retire.

Reference

For those who are employed (or have changed jobs) or retired -- the iDeCo official website

https://www.ideco-koushiki.jp/retirement/

"Human Capital Management" in the spotlight

◆Human Capital Management, which is gaining momentum

The themes of "human capital" and "human capital management" have been gaining momentum in recent years, and on August 30 of this year, the Cabinet Secretariat released "Guidelines for Human Capital Visualization," which has been covered in a variety of media. This guideline provides guidelines for disclosure of human capital for listed companies, but even for non-listed companies, the content of the guideline cannot be ignored as a reference for the future direction of corporate management.

◆Human capital activity of companies is about 30-40%

The Ministry of Economy, Trade and Industry (METI) defines "human capital management" as a management approach that views human resources as capital and maximizes their value to enhance long-term corporate value.

According to a survey on the topic of human capital management conducted by Recruit Co., Ltd. of 10,459 people working for companies, the percentage of people who feel that their current workplace is the optimal department assignment and who feel that their job assignment is such that their knowledge, skills, and experience can be utilized is about 30%, the percentage of people who can verbalize their knowledge, skills, and experience related to their current job and those who understand the knowledge, skills, and experience needed to improve the level of their current job was about 40%.

These results show that the current state of companies is far cry from human capital management, which is about maximizing the value of human resources.

◆Watch out for future developments!

In August, the "Human Capital Management Consortium" was established with the participation of the Ministry of Economy, Trade and Industry (METI) and the Financial Services Agency (FSA) as observers to share advanced cases of human capital management practices, discuss cooperation among companies, and study effective disclosure of information. We will keep a close watch on future developments.

Ministry of Economy, Trade and Industry "Report of the Study Group on Improvement of Sustainable Corporate Value and Human Capital

https://www.meti.go.jp/policy/economy/jinteki_shihon/pdf/20200930_2e.pdf

60% Increase in Work-related Accidents for Mental Disorders, Sexual Harassment Prominent - White Paper on Death from Overwork

On April 21, the Japanese government approved the 2022 edition of the "White Paper on Measures to Prevent Death by Overwork," which analyzes the current situation of death by overwork and suicide by overwork. The report introduces data showing that the number of workers' compensation certifications for depression and other mental disorders increased by more than 60% over the 10-year period from FY10 to FY19. The report also points out that the number of cases involving women has increased by nearly 80%, and that sexual harassment is the cause in many cases.

According to the white paper, the number of cases of workers' compensation for mental disorders increased from 308 in FY10 to 509 in FY19. An official from the Ministry of Health, Labor, and Welfare analyzed the reasons for the increase, saying, "Awareness of labor issues has increased due to reforms in work styles and other factors.

By industry, "manufacturing," "wholesale and retail," and "medical care and welfare" were the most common industries, in that order.

The number of women certified increased from 104 to 179, a noticeable increase. Since FY12, when the criteria were changed, "Sexual harassment" and "Experiencing or witnessing a tragic accident or disaster" have accounted for 20% each of the reasons for certification.

The most common reason given by men was "constant long working hours," followed by "events causing a change in the content or volume of work".

Examples of Nonpayment of Overtime Wages and Efforts to Eliminate it ～From "Results of Correction of Unpaid Overtime Work by Supervisory Guidance (FY2021)," Ministry of Health, Labour and Welfare.

◆Non-payment of wages by companies

Non-payment of wages is one of the most frequently consulted issues by the Labor Standards Inspection Office because it is a major problem that directly affects workers' lives. In many cases, the Labor Standards Inspection Office will issue supervisory guidance to companies based on information that workers are not being paid for overtime hours worked, and companies with inappropriate management practices will be forced to take action through such supervisory guidance.

◆The average amount of retroactive payments per company is 6.09 million yen

The Ministry of Health, Labour and Welfare (MHLW) has announced a list of cases in which, as a result of supervisory guidance by the Labor Standards Bureau, extra wages were not paid in the fiscal year 2021 (April 2021 to March 2022) and the total amount paid was 1 million yen or more for a single company. According to the report, 1,069 companies (an increase of 7 companies from the previous year) retroactively paid premium wages of 1 million yen or more. The average amount of extra wages paid per company was 6.09 million yen, and 115 companies paid extra wages of 10 million yen or more.

◆Examples of Efforts to Eliminate Unpaid Overtime

This report also introduces examples of efforts to eliminate unpaid overtime, including the following

◎Conduct training sessions on proper management of working hours for managers of each facility.

◎Personnel evaluation should newly include matters related to proper working hour management.

◎Management continuously instructs workers on the correct recording of working hours.

◎Managers check computer usage records and attendance records twice a month, and if there is a discrepancy between the two records, confirm the reason for the discrepancy with the worker.

It seems that many companies are experiencing a trend of under-reporting overtime hours. Why not take another look at the actual situation in your company?

The period of medical treatment for persons infected with the new coronavirus has been shortened.

The Ministry of Health, Labour and Welfare announced in its September 7 administrative communication to local governments, "Review of Medical Treatment Period for Patients with New Type Coronavirus Infection," that the medical treatment period for patients infected with new type coronavirus will be reduced from the current 10 days in principle to 7 days. This change became effective on the same day. The contents of this administrative communication are as follows.

◆If symptoms are present, within 7 days

For symptomatic patients who are positive for new-type coronavirus infection, the cancellation can be made from the 8th day if 7 days have passed since the onset date and 24 hours have passed after the symptoms have abated.

However, until 10 days have passed, there is still a risk of infection, and therefore, the government requests that people check their own health condition by taking their temperature, avoid contact with high-risk individuals such as the elderly, unnecessary visits to high-risk facilities, use of high-risk places, and business meals, etc., and to take thorough voluntary measures to prevent infection by wearing a mask, etc.

In addition, for those who are currently hospitalized (including those admitted to an elderly care facility), the cancellation will be possible from the 11th day if 10 days have passed since the onset date and 72 hours have elapsed since the symptoms abated (unchanged from the previous version).

◆ Asymptomatic to 5 days

In the case of asymptomatic cases, as in the past, the treatment can be lifted on the 8th day if 7 days have elapsed from the date of specimen collection. In addition, if the test kit on the 5th day shows a negative result, the patient can be released on the 6th day.

However, until 7 days have passed, the risk of infection remains, and the government asks that people check their own health status, such as by taking their temperature, avoid contact with high-risk individuals such as the elderly, unnecessary visits to high-risk facilities, use of high-risk places, and business meals together, as well as wearing masks, and take other voluntary measures to prevent infection.

◆Restrictions on curfew also eased

As for refraining from going out during the recuperation period, symptomatic patients may go out as long as 24 hours have passed after the symptoms have abated. As for asymptomatic patients, they may go out only for a short time when going out or in contact with others, not use public transportation when traveling, and go out as little as necessary, including grocery shopping, provided that they take thorough voluntary infection prevention measures such as always wearing a mask when going out and in contact with others. 

Even if the release of the recuperation period is shortened, basic infection prevention measures must continue to be taken.

Encourage those who have health checkup findings to take medical examinations!

◆"Encouragement of medical examinations" with many advantages for businesses

Are you just being made to undergo a medical checkup?

For workers who are found to be in need of reexamination, need close examination, or need medical care, it is appropriate for employers to "identify workers who are eligible for a secondary health checkup, recommend that they receive a secondary health checkup, and encourage them to submit the results of the secondary health checkup, which has been evaluated by a physician regarding the diagnosis category, to the employer. (Ministry of Health, Labor and Welfare, "Guidelines for Measures to be Taken by Employers Based on Health Examination Results"). There have been cases in which companies have been charged with violating their duty of care for safety because they failed to make this medical examination recommendation, so caution should be exercised.

In addition, workers' health risks are reduced if they receive medical care before their illnesses become serious. If workers can continue to work in good health for a long period of time, it will lead to higher corporate productivity and, ultimately, better business performance.

Recently, many companies do not recommend medical examinations from the viewpoint of personal information protection and privacy, but the company should definitely be proactive in this regard..

◆Methods of recommending medical examinations

Although it is sometimes possible to verbally encourage the patient to seek medical attention, it is generally recommended that the recommendation to seek medical attention be made in writing. Examples of such documents are available on websites, etc., and it is advisable to prepare them with reference to them.

https://www.kyoukaikenpo.or.jp/~/media/Files/osaka/kensin/2021/jyusinkansyo_bunsyo.pdf

◆Actions to be taken when some workers do not receive medical examinations after being recommended to do so

It is possible that workers do not receive medical examinations even after being recommended to do so. From the viewpoint of the duty of care for safety, it is important to leave evidence that the company was doing its best to fulfill its duty, just in case. For example, it is important to record what kind of medical examinations were recommended by the company, and for what reasons the workers refused to receive them.

Minimum wage will be raised by 31 yen from October 2022

A subcommittee of the Central Minimum Wage Council (an advisory body to the Minister of Health, Labor and Welfare) met in Tokyo on the afternoon of August 1 to discuss the minimum wage increase for FY2022. The committee summarized the guideline, which is 961 yen per hour as the national average. This is an increase of 31 yen from the current average and the largest increase since the current system was adopted in FY2002. Against the backdrop of soaring prices, the rate of increase is 3.3%. The new amount will take effect in October.

The standard increase was divided into four ranks, A to D, depending on the economic situation of the region. Six prefectures including Tokyo in A increased by 31 yen, 11 prefectures including Kyoto in B increased by 31 yen, 14 prefectures including Fukuoka in C increased by 30 yen, and 16 prefectures including Tottori in D increased by 30 yen.

As a result, the minimum wage in Tokyo will be 1,072 yen starting this October.

The minimum wage is the lower limit of wages applicable to all workers. The minimum wage is based on the Minimum Wage Law, and companies that pay less than the minimum wage are subject to fines. Currently, the national average is 930 yen, and in recent years, with the exception of FY2020, the increase has been about 3% over the previous year. The increase in FY2021 was 28 yen, and in FY2022, in light of the sharp rise in prices following Russia's invasion of Ukraine and other factors, adjustments continued among representatives of labor and management, as well as experts, for an increase even higher than this.

The minimum wage is revised every fiscal year, taking into account the cost of living and wages in each worker's region and the ability of companies to pay.

Revision of the Ministry of Health, Labour and Welfare's "Q&A on the Payment of Injury and Sickness Allowance for New-type Coronavirus Infections".

◆The "Q&A on the Payment of Injury and Sickness Allowance for New Coronavirus Infections" has been revised. 

For example,

Q: If an insured person is unable to work due to the aftereffects of a new type of coronavirus infection contracted for reasons other than work-related injury, will he/she be entitled to receive sickness benefits?

A: May be eligible for injury and illness benefits.

Q: Is it necessary to attach a "certificate of accommodation and home treatment" issued by a public health center, etc. when applying for an injury and illness allowance?

A: With regard to "accommodation and home treatment certificates," it is not appropriate to uniformly request such a certificate from insurers (the entities operating the health insurance business), as they are taking measures such as simplifying the administrative burden on medical professionals and public health centers.

If the insured did not visit a medical institution for unavoidable reasons and cannot attach a doctor's opinion, the insurer will pay the injury and illness allowance if the insured is deemed unable to work due to medical treatment by stating so in the application form and attaching a document from the employer certifying that the insured was not engaged in labor for medical treatment during the relevant period.

Q: If a "certificate of accommodation and home treatment" is submitted as a document related to an application for the provision of injury and illness benefits, can this be treated as a doctor's opinion?

A: A "certificate of accommodation and home treatment" certified by a physician, etc. who conducted the medical treatment, not by a person in charge at a local government or health center, etc., may be handled as a physician's opinion letter.

Q: If I contracted a new type of coronavirus infection overseas and cannot attach a physician's opinion, what should I use to determine the period of inability to work?

A: In cases where the insured person did not visit a medical institution for unavoidable reasons and cannot attach a doctor's opinion, the insurer will pay the injury or illness allowance if the insured person is recognized as being unable to work by stating so in the application form and attaching a document from the employer certifying that the insured person did not work for medical treatment during the relevant period.

About reference checks

 

1. What was the period of time you worked together with the applicant, and what position did he/she hold?

2. What were the main duties and responsibilities carried out by him/her?

3. How would you assess his/her performance in the job?

4. How would you describe his/her attitude to work?

5. What are some of his/her major project achievements?

6. How would you describe his/her organizational skills? How does he/she work under pressure/handle stress?

7. Given the opportunity, would you like to re-hire him/her?

◆What is Reference Checking?

　Reference checking is a part of the hiring process in which the hiring company verifies the authenticity of a candidate's background. The reference checks are conducted with the candidate's current or former supervisors to verify the candidate's background and accomplishments as indicated by the candidate during the selection process. This reduces the risk of mismatches after the hiring process.

In Japan, an increasing number of companies are introducing this system in mid-career hiring situations, where the impact of mismatches is significant. The method differs from company to company, but in many cases, with the consent of the job seeker himself/herself, the company will ask for references, and the company confirms the references directly by phone or in writing.

◆Difficult to detect a mismatch only by interviewing

　According to the "Survey of Awareness and Actual Conditions Concerning Reference Checking (HR Managers)", conducted among businesspersons nationwide who belong to human resources departments, 78.3% of respondents answered "difficult" when asked if they think it is difficult to identify talented people who will play an active role during their company's hiring interviews. Reference checks can complement these difficulties. According to the survey, 75.5% of companies that have introduced reference checks have "realized" a reduction in mismatches in hiring.

◆Gauging the advantages and disadvantages of implementation

　On the other hand, some say that reference checks are time-consuming and costly, and that they cannot guarantee the authenticity of the references' answers. It is necessary to weigh the advantages and disadvantages of reference checks and make a comprehensive decision on whether to conduct reference checks. One approach is to start with cases where the impact of mismatches is particularly large, such as hiring for managerial positions or for immediate employment. For example, "I hired someone, but they were not the right person for the job. We want to prevent mismatches for sure next time.” Companies that have this in mind may want to consider introducing this system.

Record 629 cases of mental illness at work in FY2021, the third consecutive year of increase

 

  According to the workers' compensation situation in FY2021 announced by the Ministry of Health, Labor and Welfare on June 24, there were 629 cases of depression and other mental disorders caused by strong stress from work.

  This was an increase of 21 cases from the previous fiscal year and a record number for the third consecutive year. The most common cause was "power harassment by superiors" (125 cases).

  Other than power harassment, the common causes were "change in work content/volume" (71 cases) and "experiencing or witnessing an accident or disaster" (66 cases). Looking at the number of certifications by age group, those in their 40s accounted for the largest number of 200 cases.

  The number of cases certified in relation to new coronavirus infection rose to 18. The number of suicides and attempted suicides decreased by 2 cases to 79. The number of applications for workers' compensation for mental disorders also increased by 295 cases to a record high of 2,346 cases.

The 3-day weekend system

◆Government is also pushing for the introduction of a 3-day workweek

A three-day workweek system with three days off per week. Creating an environment in which employees can work comfortably, such as by preventing employees from leaving the company due to childcare or nursing care needs or by allowing time for self-development (skill improvement), will also increase the attractiveness of the company when hiring. Major companies such as IBM Japan, Yahoo Japan, Mizuho Financial Group, and Uniqlo have introduced this system.

In the "Basic Policies for Economic and Fiscal Management and Reform 2021", the government also stated, "With regard to the selective three-day workweek system, we will promote the introduction and spread of the system in companies by collecting and providing good examples, since it can be used for childcare, nursing care, volunteer work, and dual employment in rural areas.”

◆How to operate

There are three main patterns of operation: (1) income decreases as the number of work days decreases, (2) hours worked on work days increase and income remains the same, or (3) hours worked on work days remain the same and income remains the same. Many companies seem to adopt (1).

◆Is keeping the level of income a key to retention?

According to a survey by the job-transfer information site "Mynavi Jobchange," approximately 60% of respondents answered that a three-day workweek was "not possible" because of the "workload" and "labor shortage" reasons. In addition, nearly 80% of respondents "do not want to use" the 3-day workweek if their income would decrease in proportion to one less day of work. By age group, respondents in their 20s "want to use" the system even if their income is reduced (slightly less than 30%), higher than other age groups, indicating a tendency for a higher percentage of respondents to prioritize holidays over income.

As for measures to introduce a three-day workweek, responses such as "improving operational efficiency," "changing the mindset of upper management," and "increasing manpower" were raised, and it appears that the key points are to improve productivity and reduce manpower shortages.

Why do new hires quit? From "the Survey on Pre- and Post-Hire Troubles 2022."

◆May is a time when new employees leave the company.

May is a time when an increasing number of people experience symptoms of feeling unwell, known as "May illness" after the Golden Week holiday, and we also see the resignation of newly hired employees.

It is also a time when new employees, who have been feeling tense as they dive into a new environment, lose their tension and begin to feel dissatisfied with the company.

◆The reality of "30% job turnover within 3 years.”

According to the "Survey on Pre- and Post-Employment Troubles 2022" conducted by the Japan Trade Union Confederation (targeting 1,000 men and women in their second to fifth year of employment nationwide who had graduated from college and started working as full-time employees), 7.7% had "left" the company they joined after graduation (within six months). 6.2% of the respondents "left their jobs (within 1 year after 6 months)," 10.4% "left their jobs (within 2 years after 1 year)," 5.2% "left their jobs (within 3 years after 2 years)," and 3.7% "left their jobs (after 3 years)," indicating that the often- mentioned "30% of workers left their jobs within 3 years" is also true here.

◆Why did the new employee quit?

When asked why they quit their companies in this survey, the most common reason given was that "the job did not suit me" (40.1%). This was followed by "Working hours, holidays, and vacation conditions were not good" (31.0%) and "Wage conditions were not good" (27.4%), indicating that a greater percentage of respondents cited a mismatch in work than in compensation. The percentage of "Left job (total)" was 41.9% for those who did not receive new employee training or guidance/advice from senior/supervisor, 11.0 percentage points higher than those who did receive guidance/advice (30.9%), indicating that there is a large difference depending on the support provided by the surroundings.

The employers want to avoid employee turnover after hard work and effort in hiring. Workplaces with new employees will need to be considerate of those around them.

Full-Scale Discussion on Monetary Settlement of Termination of Employment - MHLW Study Group Report

On April 11, an expert panel of the Ministry of Health, Labor, and Welfare (MHLW) held a meeting to discuss a system whereby companies would pay money to workers who have been wrongfully dismissed, rather than returning to work. The committee compiled a report outlining legal issues, and the Labor Policy Council, whose members are representatives of labor and management, is expected to hold a full-fledged discussion on the pros and cons of the introduction of the system. The report envisions a system whereby workers whose dismissals are invalidated by lawsuits or labor tribunals would receive money from the company to end their labor contracts if they so desire.

Discussions on a monetary settlement system for layoffs began after the government included it in its growth strategy in 2015. While the government and the business community have been active in introducing the system, labor unions and others have opposed it, claiming that it will be misused for restructuring, and discussions at the Labor Policy Council are expected to be difficult.

The report defined the system as covering workers whose dismissals notified by their employers were found to be invalid for lack of reasonable cause. The motion for monetary settlement was limited to workers. The proposal was not included in the discussion because there are issues that are not easy to solve under the current circumstances, such as allowing a company to dismiss a worker again.

The amount of salary, years of service and age are presented as requirements for consideration in the calculation of the "labor contract termination payment" to be paid to workers. Setting a maximum or minimum amount to increase predictability should be discussed in the future.

There are already mechanisms, such as lawsuit settlement procedures and labor tribunal conciliation, whereby a worker who considers his or her dismissal unfair but does not wish to return to work can receive a monetary payment from the company to end the labor contract. However, the government has been pushing for the introduction of a new system, saying that it would give workers more options.

In May 2017, another expert panel of the Ministry of Health, Labor and Welfare (MHLW) compiled a report stating that "a certain degree of necessity is recognized," but later, at a subcommittee of the Labor Policy Council, members of the labor side of the introduction of the system were opposed, saying that there were concerns that it would be used as a means of restructuring or lead to more options for dismissal.

The MHLW established a study group of legal scholars in 2018 to further clarify legal issues, and discussions were ongoing. (Kyodo News)

Change in handling of persons with close contacts of novel coronavirus infection

 

◆Changed government policy on anti-corona measures
The Ministry of Health, Labour and Welfare (MHLW) issued the "Identification of persons in close contact with infected persons at each location of outbreaks based on the characteristics of the Omicron strain while the Omicron strain is the predominant strain and the restriction of activities and the implementation of active epidemiological surveillance.” In addition, the Prime Minister's Office revised the "Basic Policy on Countermeasures against New Coronavirus Infections" on March 17. As a result, the handling of persons in close contact with infected persons at business establishments, etc., has been changed.

◆Not required to identify close contacts in the workplace
According to the MHLW's administrative communication, "The Omicron strain is highly infectious and transmissible, with a short incubation period and onset interval, resulting in a rapid spread of infection and a subsequent rapid increase in the number of people in close contact with the strain, and therefore the same uniform response to all of these would have a very significant impact on the functions of health centers and socio-economic activities.” 

Therefore, active epidemiological investigations by health centers, etc., and the identification and restriction of activities of persons in close contact are no longer required in the event of an outbreak of infected persons at establishments other than those in the same household. (excluding facilities for the elderly and persons with disabilities, medical institutions, daycare centers, kindergartens, Centre for Early Childhood Education, elementary schools, compulsory education schools, special needs schools and after-school children's clubs where many people at high risk of serious illness such as the elderly or those with underlying medical conditions are admitted or hospitalized.)

◆Shorten waiting period
In the event of an outbreak of infected persons in the same household, family members living in the same household will be considered "close contacts" and will be required to restrict their activities under the guidance of the public health center or other authorities. In principle, the waiting period for close contacts is 7 days (to be lifted on the 8th day), starting from the day when the person living together with the person who has the outbreak of the disease is confirmed negative by the antigen qualitative test kit on the 4th and 5th days. (In this case, individual confirmation by the health center is not required for the decision to lift the waiting list.)

Revised Child Care and Family Care Leave Law Fact-Finding Survey ~from en Japan Inc.

 

◆"Revised Child Care and Family Care Leave Law": 90% awareness of the contents applicable from April 2022 and 73% awareness of the contents applicable from October 2022.

Have you heard about the "Revised Child Care and Family Care Leave Law," which will go into effect in stages starting in April 2022? When asked, 79% of the respondents answered that they were familiar with the concept (16% were familiar with it well and 63% were familiar with only an overview). By employee size, 77% of companies with fewer than 300 employees (14% and 63%, respectively) and 84% of companies with 300 or more employees (22% and 62%, respectively) were aware of the system, indicating that awareness is higher among large companies.

With regard to the specific details that will be implemented in stages as a result of this legal revision, 73% of respondents (14% were familiar with the law and 59% were only aware of the outline) were aware of the "creation of an environment conducive to taking childcare leave, individual notification, and mandatory measures to confirm intentions," which will be imposed on all companies from April 2022, and the "relaxation of conditions for taking childcare leave for workers with fixed-term employment. Awareness of the "creation of postnatal paternity leave (childcare leave at birth)" and "the possibility of taking childcare leave in installments" from October 2022 was also 73% (same: 19% and 54%, respectively).

However, according to a survey of 1,000 male employees by LegalForce,Inc. the following responses were obtained.

*80.4% of respondents were unaware of the revision of the Child Care and Family Care Leave Law starting in April 2022.

*79.0% of respondents did not know how to apply for childcare leave.

*32.3% of the respondents answered that it would be easier to take childcare leave if they could "secure replacement personnel" and "hold explanatory meetings for all employees".

◆35% responded that they have a record of male employees taking childcare leave. 59% of companies with 300 or more employees have a record of male employees taking childcare leave.

Thirty-five percent of male respondents answered that they have taken childcare leave when they were asked about the use of childcare leave by gender. By company size, 26% of companies with fewer than 300 employees had taken childcare leave, while 59% of companies with 300 or more employees had taken childcare leave, indicating that more than half of the large companies had taken male childcare leave. Overall, 79% of women took childcare leave, and 73% of small and medium-sized companies with fewer than 300 employees answered that they had taken childcare leave. We found that there is a difference of more than 40 percentage points in the number of men and women who have taken childcare leave.

How Will Defined Contribution Pension Plans Change in 2022?

Defined contribution pension plans have been revised so that they can provide a better economic foundation for the long-term elderly and so that more companies and individuals, including small and medium-sized companies, can take advantage of the plans.

The revisions that will take effect in FY2022 are as follows.

◆The upper age limit for the start of receiving benefits has been extended to 75

From April 2022, you will be able to choose when you would like to start receiving old-age benefits for your company-type DC and iDeCo (individual-type Defined Contribution pension plan) between the ages of 60 (after losing your eligibility) and 75. You can choose when to start receiving the old-age benefit.

◆Expanding the Age for Enrollment in Corporate-type DC

Currently, people under the age of 65 are eligible to join the corporate DC, but from May 2022, the age will be expanded to include people under the age of 70. However, the age at which you can join differs depending on the company.

◆Expanding the Age for Joining iDeCo

Currently, people insured under the public pension system who are under 60 years old are eligible to join iDeCo, but this will be expanded to under 65 years old from May 2022.

◆Enforcement in October - Making it easier for corporate DC participants to join iDeCo

For those who are currently enrolled in a company-type DC to join iDeCo, an agreement between labor and management of each company is required, but in principle they will be able to join from October 2022.

However, the employer's contribution to the corporate DC, the contribution to the iDeCo, and the total amount of these contributions must each be as follows. In addition, you cannot join an iDeCo if you are making matching contributions to the corporate DC.

If you are a member of a company-type DC and want to join an iDeCo

1) Employer's premiums for corporate DC : JPY 55,000 or less

2) iDeCo premiums : JPY 20,000 or less

1) + 2) : within JPY 55,000

If you are a member of a corporate DC or a defined benefit plan (DB, employee pension fund, etc.) and want to join an iDeCo

1) Employer's premium for corporate DC : within JPY 27,500

2) iDeCo premiums : JPY 12,000 or less

1) + 2) : within JPY 27,500

What is the Featured Behavioral Interview (STAR Interview)?

Recruitment methods that are now attracting attention

A method called "behavioral interviewing" (STAR interviewing) is gaining attention as a hiring method by Google and Amazon. It is said to prevent mismatches in hiring by exploring applicants' past behavioral characteristics, values, and thought patterns.

Web-based interviews have become mainstream due to the Corona disaster, and many companies may be interested in them because they can cover the disadvantages of not being able to understand personalities as well as face-to-face interviews.

What is the behavioral interview (STAR interview)?

The method of asking questions and analyzing past behaviors, such as Situation: what kind of situation, Task: what kind of task, Action: how did you act, and Result: what kind of result, is called a behavioral interview, and the acronym for each is "STAR" interview.

Points to keep in mind when introducing the system

For the interviewer, digging deeper into the questions will reveal the applicant's characteristics and personality, and for the applicant, it will make it easier to answer honestly.

When considering the introduction of such a system, it is necessary to properly establish the company's evaluation criteria, prepare for the questions so that the intentions of the questions are clear, and ensure that the interviewers share the same awareness so that they can rationally identify the personnel they want.

Do you approve of side hustle?

 

Although there seems to be a trend toward allowing side hustle...

According to the "Questionnaire Survey on Side Jobs and Double Jobs" conducted by Adecco, Inc., the results are as follows.
More than 40% of the companies allow " side hustles/double jobs". On the other hand, more than half of the companies still do not allow "side hustles/double jobs".
Less than 20% of companies that currently prohibit "second and multiple jobs" are considering allowing it in the future.
Less than 30% of companies "accept" the employment of people with second or multiple jobs, and more than half "do not plan to accept" them.

In this survey, side hustles are defined as "sub-jobs done in between main jobs" and multiple jobs are defined as "doing multiple jobs as one's main job (dual jobs), but in this article, they are collectively referred to as side hustles, etc.

This survey was conducted on managers and section chiefs working for listed companies, so the trend is not the same for other demographics, but it seems that they are gradually moving toward allowing side hustles.

Do you still allow side hustles?

There are many aspects of side hustles that need to be taken care of, such as understanding working hours (self-reporting of working hours, total rules, management based on the Ministry of Health, Labor and Welfare's management model, etc.), the obligation to pay extra wages, and health management. In addition, if an employee of your company suffers a work-related injury that requires time off from work at a second job, it will naturally affect your company's operations. For these reasons, as shown in the survey above, some companies, even listed ones, are reluctant to accept side hustles.

If you understand the issues related to side hustles, etc., and still want to consider allowing them, it is essential to have a written pledge with employees that they are obligated to devote themselves to their main business, including the obligation to report their working hours, and to have related employment regulations in place.

If we have a system where people are allowed to do side hustles under the service contract, this problem will be somewhat reduced. However, this may weaken the effectiveness of the system in increasing the attractiveness of the company, so it may be difficult to introduce such a system in the current situation. Even if you decide to adopt a system that allows for side hustles, etc., careful consideration will be necessary.

Do you pay attention to the humidity in your office?

 

There is a rule about humidity in the office

The Office Hygiene Standards Regulations of Japan, which were recently reviewed with regard to restrooms in the workplace, also stipulate that the humidity in the room must be kept between 40% and 70%.

Especially in winter

A survey conducted by the Tokyo Metropolitan Government reported that many companies do not meet the standard of 40% or higher, especially in the winter (December to March) when people start using heaters. According to a survey conducted by the institute to measure the humidity in actual offices, 30-40% of the measurement locations had humidity levels below 40%, which did not meet the standard.

Creating a comfortable office environment

When an office becomes severely dry, it can affect the health of employees. In addition to dry and itchy eyes, symptoms such as dry and itchy skin, sneezing, coughing, and runny or stuffy nose can be caused by dryness.

In many cases, people wear masks in the office as a measure against corona, but in a society that is sensitive to coughs and sneezes, it is not a good feeling when you want to concentrate on your work and the person next to you is coughing or sneezing. Relationships are likely to lose their richness and become strained.

Many offices are ventilated, but we should also pay attention to humidity to achieve a comfortable office environment.