Labor Union Membership Rate at 16.3%, Record Low, MHLW Estimates

The Ministry of Health, Labor and Welfare (MHLW) announced on December 20 that the labor union membership rate was estimated at 16.3% as of the end of June this year. This represents a 0.2 percentage point decrease from the previous year and is the lowest rate since 1953, when the current method of counting labor union membership was introduced. The total number of union members decreased by 55,000 from the previous year to 9.938 million.

RENGO and ZENROREN, two major organizations, decreased by 19,000 to 681,700 and 13,000 to 464,000, respectively. The number of members increased in lodging, restaurants, and services industries, while it decreased in the manufacturing industry. The number of part-time union members increased by 6,000 to a record 1.41 million, and the number of female members increased by 2,000 to 3.473 million.

The organization rate, which was 36.3% in 1953, has continued to decline in recent years.

The "50-people barrier" and the increase in mental health problems

◆50 people Barrier

The "50-employee barrier" refers to the management issues that arise when the number of employees exceeds 50. This is the time when multiple managers are needed in addition to the president to conduct management, and the personnel system becomes more complex, so the level of management also increases. In addition, the quality of communication within the organization is said to decline as the number of employees increases, making information sharing and communication more difficult.

Consistent with this 50-people barrier, the percentage of people with mental health problems seems to increase.

◆Companies with mental health problems increased significantly for companies with more than 50 employees.

In the "Survey of Corporate Attitudes Toward Health Management Initiatives" conducted by Teikoku Databank, the following results were obtained when companies were asked whether they had "workers with excessive working hours" or "workers with mental health problems" over the past year. The number of companies that responded validly to this survey was 11,039, which can be considered a general trend in Japan.

<Number of employees and percentage with mental health problems (%)>

Fewer than 5 ............... 5.0%

6 to 20 people ............10.8%

21-50 people ..............19.5%

51 - 100 people...........31.6%

101-300 people ..........45.5%

301 to 1,000 people ... 59.0%

Over 1,000 people.......62.0%

(21.0% [1 in 5 companies] answered "Yes" in the overall total)

As can be seen, the percentage increases with the size of the company and exceeds the overall figure when the number of employees exceeds 50.

The larger the company grows, the more important personnel and labor management becomes. To prevent mental health problems, it is important to ensure regular health checkups, take measures against smoking and harassment in the workplace, and optimize work density by managing working hours and reviewing work procedures.

Details of the package for immediate response to the "annual income barrier" and strengthening of support

 

The Ministry of Health, Labor and Welfare (MHLW) has announced details of a package of enhanced support as an immediate measure to address the so-called "annual income barrier" problem, in which workers adjust their employment to avoid a decrease in their take-home pay due to the burden of social insurance premiums. The package will be implemented gradually starting in October.

◆Correspondence to the 1.06 million yen barrier

1) Establishment of a new course of Career Upgrade Subsidy

Employers who make efforts to increase the income of workers when they newly insure short-time workers are eligible to receive subsidies (up to 500,000 yen per worker) for a certain period of time.

The subsidized efforts include not only wage increases and extension of scheduled working hours, but also the provision of an allowance equivalent to the reduction in take-home pay due to the burden of insurance premiums (allowance to promote social insurance coverage).

2) Exclusion from calculation of standard remuneration for social insurance coverage promotion allowance

Employers are entitled to pay the "allowance for promotion of social insurance application" to such workers separately from their salaries and bonuses. In order to reduce the burden of insurance premiums on both employees and employer, the allowance for promotion of social insurance application is excluded from the calculation of standard monthly remuneration and standard bonus for up to two years, up to the amount equivalent to the worker's portion of the insurance premiums.

◆Correspondence to the 1.3 million yen barrier

Facilitate certification of dependents through certification by employers

If the most recent annual income is expected to exceed 1.3 million yen, the certification as a dependent will not be immediately revoked, but will be made promptly based on a comprehensive assessment of the expected future income.

In addition to previous tax documents, pay stubs, and job agreements, a person can be confirmed as a dependent by providing evidence from the employer that the salary change is only a temporary result of longer working hours caused by labor shortage.

◆Correspondence to spousal benefits

Facilitate a review of corporate spousal benefits

The existence of a spouse allowance with income requirements, along with the social security system, has become a factor in employment adjustment. In order to review this system, it is necessary to pay attention to the Labor Contract Act and judicial precedents, and it is also necessary for companies to deepen their understanding of the necessity, merits, and procedures of the review. In order to promote the review of spousal benefits even among small and medium-sized enterprises, easy-to-understand materials such as a flowchart showing the review procedure should be prepared and made public.

Annual income barrier --- ¥500,000 subsidy for companies - A new allowance will be created to cover insurance premiums. The Prime Minister announced that it will be implemented in October.

Prime Minister Fumio Kishida stated on October 25 that measures will be implemented starting in October to address the "annual income barrier," a barrier that prevents part-time employees who are supported by their spouses from working fewer hours in order to avoid paying social insurance premiums. He announced the establishment of a subsidy of up to 500,000 yen per person to be paid to companies that shoulder the insurance premiums of their employees. He also expressed his intention to create an allowance that would prevent a reduction in take-home pay. He stated, "We will decide on a package of measures to strengthen support within the week."

In addition to the ¥500,000 subsidy, companies provide a "social insurance coverage promotion allowance" to their employees as a measure against the "¥1,060,000 barrier" that prevents a decrease in take-home pay. This allowance is excluded from the calculation of social insurance premiums, thus avoiding the burden of insurance premiums.

The prime minister stated at the Prime Minister's Office that he will ensure that take-home pay rises proportionately with salary income, even after surpassing the threshold.

As minimum wages will be raised in various regions starting in October, there may be a growing trend to curb working hours with an eye to the annual income barrier. Companies facing labor shortages have been searching for solutions.

Subsidies of up to ¥500,000 per person will be provided to companies that pay promotional allowances or raise wages, with no upper limit on the number of eligible employees.

For companies with less than 100 employees, dependents are removed from the support system if their annual income exceeds 1.3 million yen. The policy will also include a measure to clarify the requirements of the current system, which allows dependents to remain covered for up to two consecutive years in the event of a temporary increase in income due to overtime work or other reasons.

Additionally, the government will implement measures to combat the "1.03 million yen barrier" that hindrances certain companies from providing spousal allowances. The government will create instructional materials that showcase the process for evaluating spousal allowances and urge companies to undertake the review.

There is concern that the measures may create inequity for individuals who already earn above a certain annual income level and pay insurance premiums. The government will review the system during discussions on the revision of the pension system in 2025.

(Kyodo News)

The "Criteria for Recognition of Mental Disorders Due to Psychological Overload" has been revised.

◆Background of the Amendment

　The "Criteria for Recognition of Mental Disability due to Psychological Overload" was revised and notified on September 1, 2023. Until now, the "Criteria for Recognition of Mental Disorders due to Psychological Overload" formulated in 2011 was used to certify cases of mental disorders and suicides as workers' compensation cases. The Ministry of Health, Labor and Welfare's "Expert Panel on the Criteria for Recognition of Workers' Accident Recognition for Mental Disorders" reviewed the issue in light of changes in social conditions and the latest medical knowledge, and compiled its report in July of this year, which led to this revision.

◆Points of revision

The following three points are key to the revision of the certification criteria.

(1) Review of the psychological load evaluation chart due to work

- Specific event: "Significant customer harassment, including complaints from customers, suppliers, and facility users,” has been added.

- Specific event: "Engaged in work with a high risk of infectious diseases or other illnesses or accidents" has been added.

- Examples of different levels of psychological load (strong, medium, and weak) have been provided with specific illustrations of all six types of power harassment.

(2) Revise the scope of work-related aggravation of mental disorders.

If there was no "special event" within six months prior to the decline in the condition, but the decline was a result of intense psychological strain caused by work, the affected part is considered work-related.

(3) Streamlining the method of collecting medical opinions

The protocol for decision-making in medical cases has been amended. Previously, a consensus of three medical specialists was required to make a decision. Now, in most cases, a decision will be based on the opinion of only one medical specialist, except for particularly difficult cases.

*The psychological load evaluation chart is a chart that evaluates the strength of the load (stress) by applying actual work-related events to the "specific events" shown in the chart.

[Ministry of Health, Labour and Welfare, "Revised Workers' Accident Recognition Criteria for Mental Disorders Caused by Psychological Overload."

https://www.mhlw.go.jp/stf/newpage_34888.html

Settlement between Nagasaki University and a foreign assistant professor in a lawsuit for termination of employment.

 

A settlement was reached at the Fukuoka High Court on March 15 in a lawsuit filed by a Belgian man who was an assistant professor at Nagasaki University, claiming that he was unfairly terminated from his position just before he obtained the right to convert his fixed-term labor contract to permanent employment after a total of five years. The university expressed regret over the way it handled the case and will pay 28.5 million yen as a settlement. The man will start working at the university in October 2023 as an assistant professor on an indefinite term. According to the plaintiff's attorney, it is rare for a plaintiff to return to work with indefinite employment.

https://mainichi.jp/english/articles/20230915/p2a/00m/0na/038000c

61% of respondents have "declined a selection decision" in their job search

For companies that want to hire talented people quickly, having their mid-career candidates turned down is a headache as the labor shortage continues. Recently, En Japan Inc. conducted a survey on the topic of "declined selections" in their job-hunting activities, and the results have been made public.

*Survey period: May 29-June 27, 2023; number of valid responses: 8,622

◆61% of respondents have turned down a selection. Those who have turned down two or more companies accounted for 63%.

When asked the question, "Have you ever turned down a job offer in your job search?" 61% of respondents answered "Yes," up 5 points from the same survey conducted last year in 2022.

When those who had turned down a selection were asked how many companies they had turned down, 37% said one company, and 63% said two or more companies (breakdown: 2 companies: 28%, 3 companies: 16%, 4 companies: 5%, 5 companies: 5%, 6 to 9 companies: 4%, 10 or more companies: 5%).

Regarding the timing of the declination, 46% of the respondents declined "before" and 45% "after" the interview, while 37% declined "after" the job offer was obtained.

◆The most common reason given for declining was "passed the selection process of other companies" before the interview, and "the story was different from the job information" after the interview.

The most common reason given for declining selection before the interview was that "passed the selection process of other companies" (37%), followed by "I read a bad online review" (27%) and "the company I applied to was not responsive." (20%).

The most common reason for declining selection after the interview was "the story was different from the job information" at 49%, while " passed the selection process of other companies" was second at 35%.

The top two reasons for declining a job offer after receiving it were "passed the selection process of other companies" and "the conditions offered were not good enough" at 44% each.

Reasons for declining a job, such as "the story was different from the job information" or "the company I applied to was not responsive" may not be immediately illegal, but they are a major problem that undermines a company's credibility. Companies should also be aware that word of mouth on the Internet has become one of the factors used by job seekers to select a new employer.

Gender Gap Index 2023 - Japan ranks 125th

 

◆Almost unchanged from last year, record low ranking

In June, the World Economic Forum (WEF) released its Gender Gap Index, which quantifies the gender gap in each country in 2023. Japan's overall score was 0.647, almost unchanged from last year, ranking 125th out of 146 countries (the lowest in the G7 nations). Iceland ranked first with an overall score of 0.912.

The Gender Gap Index indicates the ratio of women to men and is calculated by calculating scores in each of the four areas of economy, education, health, and politics, which are then averaged and rated on a scale of 0 (full inequality) to 1 (full equality).

◆Low in economic and political areas

By sector, education (male-female ratio of literacy and school attendance) was high at 0.997 (47th), and health (gender difference ratio at birth and healthy life expectancy) was high at 0.973 (59th). However, the country's economy (gender ratio of labor participation rate, gender gap in wages for equal work, gender ratio of managers, etc.) was 0.561 (123rd), and politics (gender ratio of Diet members and cabinet members, etc.) was 0.057 (138th), which is low compared to other countries, indicating that there is a gender gap.

 ◆30% female board members by 2030

In June, the government announced the "Women's Version of the big-boned policy (Priority Policy for Women's Activities and Gender Equality)" in order to close the gender gap in the economic field. Prime Minister Kishida then set a target for companies listed on the Tokyo Stock Exchange Prime Market to appoint at least one female board member by 2025, and to increase the ratio of female board members to 30% by 2030. The plan also includes fostering and supporting female entrepreneurs and promoting the development of female digital talent and reskilling.

New treatment of foreign students' status of residence has been established

On July 6, the Immigration Services Agency announced the establishment of a new handling of status of residence, which will allow international students who have graduated from universities to stay within a certain period of time until they enter graduate school.

The new treatment is as follows

Outline

If an international student who has graduated from a university and will be entering a graduate school after the expiration of his/her current "College Student" status of residence, and if the graduate school he/she is entering pledges to keep in touch with the student at regular intervals and to contact the regional immigration office without delay if the student's admission is cancelled, the student may be permitted to change his/her status of residence to "Designated Activities" and stay until he/she enters a graduate school (but only for a period not exceeding one year after graduation). If the student pledges to contact the Regional Immigration Services Bureau without delay in the event of cancellation of admission, the change of status of residence to "Designated Activities" will be permitted and the student will be allowed to stay until admission (but only for a period not exceeding one year after graduation from the university).

Eligible person

Foreigners (this does not include students in special course, auditing students, non-degree students, and research students) who have graduated (or completed a graduate course) from a Japanese university (including graduate schools) under the School Education Law of Japan, and who wish to stay in Japan for the purpose of waiting in Japan (within one year after graduation) until they enter a graduate school they have decided to enter after graduation.

Submitted materials

(1) Documents proving the applicant's ability to pay all expenses during his/her stay in Japan

If a person other than the foreign student concerned is responsible for paying the expenses, a document that proves the person's ability to pay the expenses and a document that clarifies how the person came to pay the expenses.

(2) Diploma or certificate of graduation (or completion) from the university you attended immediately before

(3) Documents issued by the graduate school in which you plan to enroll that confirm the fact that you plan to enroll and the date of enrollment (e.g., letter of admission)

(4) A written pledge (see note below) stating compliance with periodic communication, etc., by the graduate school to which the student will be admitted to wait for admission to the school.

What measures are being taken by companies that are not experiencing labor shortages?

According to statistics from the Ministry of Internal Affairs and Communications, as of December 2022, Japan's population aged 15-64 decreased by 0.28% from the same month last year, or 208,000 fewer people. In addition, the number of people under 15 years old, who will be of working age, decreased by 293,000 over the same period. The total population has been declining at an accelerated pace since 2019, and as of May 2023, the total population is estimated to be 570,000 less than the same month last year.

◆What companies that do not have a shortage of labor are doing to address it

While many companies are increasingly feeling short-staffed following the lowering of the Infectious Diseases Act classification of the new coronavirus to 'category 5', the same as seasonal influenza, some companies are not short-staffed. According to the results of a survey conducted by Teikoku Databank, many companies cited the following measures as the main factors (multiple answers) for not having a labor shortage.

(1) Raise wages and bonuses (51.7%)

(2) Creating a comfortable work environment (35.0%)

(3) Extension of retirement age and rehiring of seniors (31.2%)

(4) Improved welfare benefits (26.6%)

(5) Fair and equitable personnel evaluation (22.0%)

A ' comfortable work environment' in (2) includes maintaining cleanliness, rest areas and an internal consultation service. In addition, (4) and (5) are measures to make the workplace a place where workers can feel a sense of personal growth and security.

◆Need for wage increase

In the midst of declining real wages due to soaring global prices, companies that are unable (or unwilling) to raise wages and bonuses will experience a decline in employee satisfaction and a sense of security, resulting in an exodus of talented personnel, a decline in competitiveness that will make it difficult to hire new employees, and even if they are lucky enough to hire new employees, they will not be able to afford to nurture them, resulting in early employee turnover.

As the old saying goes, "A man is a stone wall, and a man is a castle", the most powerful force supporting a company is the power of the people you trust. In order to develop as many employees as possible who trust the company, the company should take the initiative to change and show the way forward.

Workers' compensation for reprimand. Executive claims she was subjected to "workplace harassment."

On April 24, it was learned that a female executive in her 50s working for the Japanese subsidiary of Swiss watch manufacturer Swatch Group was certified by the Chuo Labor Standards Inspection Office (Tokyo) as having suffered a mental disorder due to persistent reprimands by a foreign female president who had been assigned to the Japanese subsidiary. The labor union to which the woman belongs, the Sogo Support Union, revealed the incident.

The woman claimed that she was subjected to workplace harassment by the president, who called her "stupid," "low level," and other abusive comments. She presented the recorded data and demanded an apology, but the Japanese subsidiary has not responded. The Japanese subsidiary admitted to the interview that it had received a workers' compensation certification, and responded that "the Labor Inspection Office has not certified it as workplace harassment" with regard to the president's words and actions.

According to the workers' compensation certification document, the woman joined Swatch Group Japan (Tokyo) in 2008 and was in charge of public relations.

She was severely scolded by the president, who took office in March 2021, over the budget for the public relations project, and in August 2021, her personnel evaluation was severely downgraded, and in September she developed an adjustment disorder. The union is calling for her resignation as she is not fit to be president.

May 24, 2023 Kyodo

Overtime is an important factor in choosing a new job

On May 8, 2023, En Japan Co., Ltd. released the results of a survey of 10,000 working adults on overtime work. The survey was conducted on "En Tenshoku," a comprehensive job site operated by En Japan, and responses were received from 12,940 users.

◆84% of respondents answered that presence or absence of overtime work and average hours of overtime work influenced their choice of career path.

In response to the question, "To what extent do the availability and average hours of overtime affect your choice of company when you are changing jobs? The most common response was "Very much" (49%), followed by "Slightly" (35%), for a total of 84% of the respondents.

By age group, more than half of those in their 20s and 30s responded "it affects me a lot" (55% of those in their 20s and 56% of those in their 30s), and when combined with "it affects me a little," 89% of those in their 20s and 88% of those in their 30s said it affects them a lot.

In terms of gender, 44% of men responded that it "greatly affects" their work, while 54% of women responded that it "greatly affects" their work, a difference of 10 points. It is clear that women consider overtime hours more important in choosing a company than men.

◆Overtime "is increasing" for 26% and "is decreasing" for 24%. Half of the respondents "No change".

"Over the past few years, have your overtime hours been increasing? Has it been decreasing?" 50% of the respondents answered "No change", accounting for half of the total. The "increasing trend" was 26%, and the "decreasing trend" was 24%, almost the same percentage.

By industry, the consulting/professional business industry had the largest increase in overtime hours at 36%, while manufacturers (machinery, electrical, electronics, etc.) had the largest decrease at 32%.

◆Reason for increase in overtime hours is "labor shortage", reason for decrease is "corporate overtime restrictions".

When those who responded that overtime work is on the rise were asked the reason for the increase, the most common response, at 75%, was "Due to insufficient staffing”. This was followed by "Due to increased workload" at 67%.

On the other hand, the most common reason given by those who responded that their overtime hours were "on the decrease" was "because overtime work has been restricted," at 42%.

◆Only less than 40% of respondents are aware of the overtime premium system.

When asked if they were aware that "the premium rate for overtime wages exceeding 60 hours per month will be increased to 50%," 39% of those working in small and medium-sized enterprises were aware (9% knew much about it, including the details, and 30% knew only an outline), which was less than 40% of all respondents.

A total of 80% of respondents (47% "very favorable" and 33% "favorable") expressed a favorable view of the hike. On the other hand, less than 10% said they "think the increase is not good" (1% think it is very bad and 8% think it is bad).

After childcare leave, subordinates went from 37 to 0. Amex ordered to pay compensation for "violation of Equal Employment Opportunity Law"

A woman who worked for American Express, a major U.S. credit card company, claimed that she was given no subordinates after her maternity and childcare leave ended, even though she was in charge of 37 subordinates. A woman working for American Express, a major U.S. credit card company, claimed that such treatment violated the Equal Employment Opportunity Law and other laws, and demanded compensation for damages from the company. 

The Tokyo High Court ruled that the company should be compensated 2.2 million yen, changing the Tokyo District Court ruling that dismissed the woman's lawsuit, stating, "This constitutes disadvantageous treatment prohibited by the Equal Employment Opportunity Law, abuse of personnel rights, and violation of public order and morals."

According to the ruling, the woman joined the company in 2008. She was promoted in the sales department for individual customers and became a department manager with 37 subordinates in January 2002. She took sick leave in February 2003 due to physical problems associated with her pregnancy, and then took maternity and childcare leave around the time of her delivery in July of the same year.

She returned to work in August 2004, but the team led by the woman had disappeared during her absence due to organizational changes. Although at the same managerial level, she was placed in a newly established post to develop new sales channels without subordinates and was instructed to make telephone sales calls.

The court ruled that "even a change in assignment that does not immediately result in economic disadvantage, if the quality of the work is significantly reduced and may affect career development, it constitutes treatment that has a disadvantageous effect." Such treatment for pregnancy, childbirth, or childcare leave would violate the Equal Employment Opportunity Law and the Child Care and Family Care Leave Law.

Asahi Newspaper

Rules on the Specification of Working Conditions to be Revised in April 2024

◆Additional matters to be clearly stated in the working conditions

Due to amendments to the Enforcement Regulations of the Labor Standards Law, the rules for clearly stating working conditions will change from April 2024. Specifically, new items will be added to the list of items that must be clearly stated when concluding or renewing a labor contract. Let's take a look at the new items to be added for each of the timing periods in which clarification is required.

1 At the time of conclusion of all labor contracts and at the time of renewal of fixed-term labor contracts

Explicit statement a: Scope of change in place of work and duties

The "scope of change" here refers to the location of employment and job duties that may change due to future reassignment, etc. For example, for a worker whose job description is limited, the scope of the change would be stated in addition to the description immediately after hiring.

sample description

place of work:

(Immediately after hiring) Roppongi, Minato-ku, Tokyo (Tokyo Head Office)

(Scope of change) Tokyo metropolitan area

Duties to be performed:

(Immediately after hiring) Human resource

(Scope of change) Human resources, general affairs, and accounting operations

2 At the time of conclusion and renewal of a fixed-term labor contract

Explicit item b: Existence and details of renewal limits (total contract period or maximum number of renewals)

In addition, if the renewal limit is established or shortened after the initial labor contract is signed, the reason for the change must be explained to the worker in advance.

3 At the time of renewal of a contract for which the right to apply for indefinite conversion based on the indefinite conversion rule arises

Explicit statement c: Opportunity to apply for indefinite conversion; 

Explicit statement d: Working conditions after indefinite conversion

◆Review the working conditions notice.

Regarding the first item above, for every labor contract and every renewal of a fixed-term labor contract, it is necessary to clearly indicate the "scope of change" in addition to the place of employment and the nature of work "immediately after hiring". Please review the format of the working conditions notice to ensure that it complies with the revision. In addition, note that for workers on fixed-term contracts, it is necessary to provide a clear explanation based on the company's policy in accordance with 2 and 3 above.

Chubu Electric Power Employee's Suicide, Workers' Accident Recognized; Nagoya High Court Reverses Court Decision

The mother of Yosuke Suzuki, 26, who worked at the Mie Branch of Chubu Electric Power Company, committed suicide in 2010 because of power harassment and overwork, including abusive language from his supervisor. The Nagoya High Court on March 25 reversed the ruling of the first trial court, which had dismissed the claim, and rescinded the decision by the Tsu Labor Standards Inspection Office.

The Nagoya District Court ruling in the first instance stated that there was no evidence to support his mother's claims of verbal abuse, such as "Is this how you graduated from university? " or "We don't need you." However, High Court Judge Yasuhiro Hasegawa, in his ruling, found that Mr. Suzuki's friend had testified that there had been verbal abuse. The judge found that the verbal abuse was "beyond the scope of work guidance and constituted a denial of his character and humanity.

He also pointed out that the supervisor did not provide sufficient explanation or guidance to Mr. Suzuki, a new employee who did not understand how to proceed with a difficult task. It is clear that the psychological burden was strong overall, and the onset of the mental disorder and the suicide were attributed to the work.

At a press conference in Nagoya City, the mother said, "It proved how hard Yosuke's work was with the help of various people. I am really happy for him."

Tsu Labor Standards Bureau's Deputy Chief commented, "We would like to make a decision after reviewing the content of the ruling and consulting with the relevant authorities. Chubu Electric Power said, "We are aware of the court decision, but since we are not a party to the lawsuit, we refrain from commenting on it."

According to the ruling, Mr. Suzuki joined the company in April 2010. After being assigned to the Mie Branch, he developed a mental disorder and committed suicide in October of the same year. His mother applied for workers' compensation, but the Tsu Labor Standards Bureau denied his claim in 2002.

(Kyodo News)

the Embassy of Canada in Tokyo does not have employment insurance

On April 1, it was revealed that the Embassy of Canada in Tokyo does not have employment insurance, which is required by Japanese law, and that a female employee in her 30s who was hired in Japan and gave birth in Japan is not receiving childcare leave benefits under her employment insurance. She is also not covered by the Canadian social security system.

The General Union (Osaka), a labor union to which the women belong, pointed out that this constitutes an unfair labor practice, and will soon file a petition for relief with the Osaka Labor Relations Commission, demanding that the women join unemployment insurance and hold collective bargaining sessions.

According to the labor union, similar problems are also occurring at embassies and consulates in other countries. It is believed that this is due to the widespread misunderstanding that Japanese laws do not apply to such cases, and the compliance of each country is being questioned.

She is feeling discouraged, saying that they are being neglected, even though their embassy is in a country that values diversity and women's advancement in society.

A spokesperson for the Embassy of Canada responded to the interview, "The terms and conditions of employment for locally hired (Japanese) employees take into account Japanese standards and practices, and we offer benefits comparable to the Japanese system.

KLM Royal Dutch Airlines employment termination invalid - Tokyo District Court approves permanent transfer of 29 employees.

On the 27th, the Tokyo District Court ruled in a case in which 29 members of the Japan Cabin Crew Union (JCU) demanded KLM withdraw its decision to terminate employment of Japanese flight attendants in order to avoid a five-year indefinite turnover period. The court ruled that all of the plaintiffs had been granted indefinite transfers of employment and that the stoppage of their employment was invalid.

Since July 2018, KLM has been forcing Japanese contract-based flight attendants to stop their employment just before they became entitled to a permanent change of employment after five years of continuous employment.

Dutch law has a provision that a fixed-term worker is deemed to be employed for an indefinite period of time if his/her employment continues for more than three years. The plaintiffs argued that Dutch law applied and that they were entitled to a permanent transfer of employment.

KLM's recruitment procedures, training, and scheduling of Japanese flight attendants are also conducted at the company's headquarters in the Netherlands, and the ruling applied Dutch law based on the "Act on General Rules," which stipulates the legal application of international contracts, and approved the indefinite transfer.

At a press conference held at the Ministry of Health, Labor, and Welfare after the ruling, the plaintiff woman said, "I was offered a contract with a upper limit on it just before my contract was up for renewal, and was wrongly told that foreigners could only work in the Netherlands under a fixed-term contract. No easy way to cut off workers who protect the safety of the skies is acceptable,” she stressed.

The Tokyo District Court also ruled against KLM in January last year, invalidating the termination of three other JCU members who had been employed for more than five years, including a two-month training period, on the grounds that they had already been converted to permanent transfer.

How to prevent potential harassment

The "Quantitative Survey on Harassment in the Workplace," conducted by the PERSOL Research Institute, suggests that although it may not seem that there is no such thing, in reality, there is a possibility that some employees are leaving their jobs due to harassment.

◆Potential reasons for turnover

There are approximately 870,000 people who leave their jobs due to harassment annually (in 2021), and about 70% of them do not inform their companies that harassment is the reason for their leaving. In addition, only 17.6% of the harassments were actually addressed by the company.

In a situation of continuing labor shortages, the existence of harassment that is unrecognized or unaddressed by the company is not good for society or for the company's management.

◆Evasive Management"

As harassment has become an issue, supervisors have adopted an "evasive management" approach to avoid harassment, such as not inviting subordinates out for drinks or lunch and not scolding too harshly when they make mistakes, and it seems that subordinates are feeling a sense of distance from their supervisors.

The more distance subordinates feel from their supervisors, the less they feel a sense of growth, which seems to have a negative impact on the growth and retention of human resources.

◆Listening behavior that balances harassment prevention and human resource growth

On the other hand, some supervisors are able to develop their subordinates while avoiding harassment, characterized by "listening behavior" regarding their subordinates' opinions and stories, and fairness in management. It seems that interactive communication in the workplace is important, along with deterrent measures, to both prevent harassment and help subordinates grow.

In addition to the establishment of a consultation service and prevention regulations, training for managers from this perspective may be useful in the company's anti-harassment measures.

"Employment Status of Foreign Nationals" Reporting Status by the Ministry of Health, Labor and Welfare

The Ministry of Health, Labor and Welfare (MHLW) has released a report on the employment of foreign nationals as of the end of October 2022.

Based on the Law for the Comprehensive Promotion of Labor Policies and Measures, the system requires all employers to confirm the name, status of residence, and period of stay of foreign nationals upon hiring or separation from employment, and to notify the Public Employment Security Office (Hello Work) of the status.

◆Number of foreign workers reached a record high of 1,822,725

The number of foreign workers totaled 1,822,725, an increase of 95,504 over the previous year and a record high since 2007, when notification became mandatory. The year-on-year increase was 5.5%, up 5.3 percentage points from 0.2% the previous year.

◆Nearly 300,000 business establishments employing foreign nationals, a record high.

The number of establishments employing foreign nationals totaled 298,790, an increase of 13,710 over the previous year and a record high since notification became mandatory. However, the year-on-year increase rate was 4.8%, down 1.9 percentage points from 6.7% in the previous year.

◆By nationality, Vietnam accounted for the largest number of visitors at 462,384.

By nationality, Vietnam has the largest number of foreign workers at 462,384, accounting for 25.4% of the total number of foreign workers. This was followed by China with 385,848 (21.2% of the total) and the Philippines with 206,050 (11.3% of the total).

The three main countries with the highest year-on-year increase were Indonesia, with 77,889 visitors, up 47.5% from the previous year, followed by Myanmar, with 47,498 visitors, up 37.7%, and Nepal, with 118,196 visitors, up 20.3%.

◆By status of residence, the number of "Technical Intern Training" was 343,254, down 8,534 from the previous year.

By status of residence, "Professional/Technical field of residence" accounted for 479,949, up 85,440 (21.7%) from the previous year. The number of "Specially Designated Activities" increased by 7,435 (11.3%) to 73,363. "Permanent Resident etc." totaled 595,207, an increase of 14,879 (2.6%) from the previous year.

On the other hand, "Technical Training" decreased by 8,534 (2.4%) to 343,254 from the previous year. Among "activities other than those permitted under the status of residence," "Studying Abroad" totaled 258,636, a decrease of 8,958 (3.3%) from the previous year.

Employment Status of Persons with Disabilities in 2022 and Revision of the Calculation Method of the Actual Employment Rate

◆Number of persons with disabilities employed and actual employment rate are the highest ever

The Ministry of Health, Labour and Welfare has compiled and published the results of "Employment of Persons with Disabilities" as of June 1, 2022, for private companies and public organizations. The number of persons with disabilities employed by private enterprises (43.5 or more employees as mandated by the Law for Employment Promotion of Persons with Disabilities: statutory employment rate of 2.3%) reached a record high of 613,958.0 (up 2.7% from the previous year, up 16,172.0 from the previous year). The percentage of companies that have achieved the legally mandated employment rate is 48.3% (up 1.3% from the previous year). Of the 55,684 companies that have not achieved the legally mandated employment rate, 32,342 companies employ no persons with disabilities (zero employees), accounting for 58.1% of all companies that have not achieved the statutory employment rate.

◆Employment of people with mental disabilities increased

Looking at the number of employees by disability type, those with physical disabilities were 357,767.5 (down 0.4% from the previous year), those with intellectual disabilities were 146,426.5 (up 4.1%), and those with mental disabilities were 109,764.5 (up 11.9%), with a particularly large growth rate among the mentally disabled.

One reason for this is that the employment of people with mental disabilities has been mandatory since April 2008, and the number of people employed is still on the rise. However, the mentally challenged have more difficulty working longer hours and with more stability than those with physical or intellectual disabilities, and their workplace retention rate is lower than those with physical or intellectual disabilities.

◆Revision of the method for calculating the actual employment rate of Part-Time Workers

In order to expand employment opportunities for the mentally disabled who can work for a short time (20 to 30 hours per week), the government established a special measure to count 0.5 points per person as 1 point if certain requirements are met (the measure was supposed to last until the end of FY2022, but is scheduled to be extended through a revision of the ministerial ordinance). In addition, under the revised Law for Employment Promotion of Persons with Disabilities, the employment rate for persons with mental disabilities, persons with severe physical disabilities, and persons with severe intellectual disabilities who work 10 to 20 hours per week will be counted at 0.5 points per person (to be implemented by April 2024).

* The number of persons with disabilities that your company should employ is calculated by the following formula.

Original calculation method

Number of persons with disabilities legally employed by the company (number of persons with disabilities required to be employed) = (number of full-time workers + number of part-time workers x 0.5) x employment rate of persons with disabilities (2.3%)

Even so, does your company allow side jobs?

There are many points to be aware of regarding side jobs, such as understanding working hours (e.g., self-reporting of working hours, rules for aggregation of working hours for core and side jobs, etc.), the obligation to pay extra wages, and health management. In addition, if an employee of the company suffers a work-related injury that requires absence from work at the company’s secondary business, the company’s core business will naturally be affected. For these reasons, even some listed companies are reluctant to accept side jobs.

Even if the company understands the issues involved with side jobs, when the company is considering allowing them, it is essential that the company has a written pledge with employees that they are obligated to devote themselves to their core business, including the obligation to report their working hours, and that the company shall have the relevant work rules and regulations.

If a system that permits side jobs as long as they are done under a service contract, these issues would be somewhat lessened, but the effect of doing so in increasing the attractiveness of the company would be lessened.

Therefore, it may be difficult to introduce such a system under the current circumstances. Even if a system allowing side jobs were to be introduced, careful consideration would be necessary.

Recruiting, but Can Not Hire People? The Current State of Recruitment Activities in Small and Medium Enterprises

 

◆Company hiring activity is increasing

Amid the labor shortage, companies are increasing their hiring activities. According to the results of a recent "Mid-career Recruitment and Job Search Fixed Point Survey (September 2022)" conducted by Mynavi Corporation, 39.8% of all companies conducted mid-career recruitment activities in September, and by employee size, approximately 50% of "51-300" and "301 or more" companies did so. Almost all industries saw a year-on-year increase in the rate of hiring activity implementation.

◆20% of companies that cannot recruit people

With the increase in recruiting activities, it seems that small and medium-sized companies are facing a difficult situation in recruiting new graduates. According to a survey conducted by the JCCI and the Tokyo Chamber of Commerce and Industry on 6,007 small and medium-sized companies, 51.0% of companies recruited new graduates in FY2021, of which only 45.6% answered that they were able to hire the expected number, while approximately 20% of companies answered that they "recruited but could not hire at all" (19.9%).

Mynavi's "Survey on the Status of Job Offers by New Graduates for Companies Hiring 2023 Graduates", which summarizes the status of job offers for 2023 graduates and the outlook for 2024 graduates, also indicates that 78.6% of companies plan to hire 2024 graduates, and that the number of companies planning to hire "more" graduates will also increase. Under these circumstances, intensified recruitment activities are inevitable.

◆Recruitment activities also need to be devised

The situation surrounding recruitment has also changed dramatically, with online interviews becoming more widespread due to the Corona disaster. It has been heard that questions such as "gakuchika" (what you put effort into when you were a student), which are often used as questions in student recruitment activities, are also causing trouble for students who have few episodes due to the Corona disaster. In order to acquire human resources in a situation where conventional methods do not necessarily match up, it will be necessary for companies to devise their own recruitment methods and differentiate themselves from those of other companies.