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.