Corona disaster and dismissal for reorganization

 

◆You can't be too sure

Discussions are likely to proceed in the direction of removing the new corona infection from the list of designated infectious diseases. However, there are many companies that have already been hit hard since the state of emergency was declared, and the future economic recovery is not expected to improve rapidly, and a wave of bankruptcies and dismissal is expected to arrive with a time lag. 

As we head into winter, there may be an increase in the number of people infected with the new corona virus, an increase in the infectivity of the virus due to its mutation, and outbreaks of infectious diseases caused by other viruses.

Even if a company is managing to hold its own for now, depending on the strength of the company and the future situation, it may have no choice but to consider the elimination of full-time employees due to the downturn in performance caused by the corona disaster.

No matter how much you say, "Because it's Corona. Even if we say "it's an emergency," in court cases, a decline in performance due to Corona will most likely be treated as a dismissal for management reasons, not as a natural disaster or other unavoidable reason. As you know, the dismissal of a permanent employee is judged based on strict requirements (factors) (the four elements of dismissal).

◆Avoid dismissal whenever possible

One of these four elements is "implementation of the obligation to make efforts to avoid dismissal". When implementing the dismissal process, you should seek and prepare for measures that can be taken to secure employment as much as possible (and reduce the burden on the worker as much as possible, even if you have no choice but to dismiss them).

There are many possible strategies, such as

*Transfer due to transfer or secondment, etc.

*Ordered to stay home by paying absence allowance (furloughs, outplacement leave, etc.)

*Payment of a lump-sum severance payment equivalent to absence allowance and termination of the employment contract by agreement

*Recommendation to resign by proposing additional severance packages, etc., in consideration of the risk of litigation.

◆Check the work rules and regulations

In addition, it is important that the treatment of wages at the time of furloughs (a provision to reduce the amount of absence allowance) and the possibility of dismissal in the event of corona and other situations should be clearly stated in the employment regulations and individual labor contracts as a precondition for taking such measures.

You should also prepare briefing materials and materials to persuade employees to dismiss the employee in advance in case of a dismissal due to Corona or other reasons.

A more detailed FAQ that can be used by human resources and general affairs personnel to respond to questions from employees about the handling of human resources and labor issues in the event of a corona or disaster, etc., will enable the company to respond in a consistent manner and reduce the burden on the personnel in charge.

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

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

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

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

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

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

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

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

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

www.labor-consultant.com

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

 

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

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

◆Percentage of employees who took childcare leave

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

◆Acquisition rate of workers with fixed-term contracts

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

◆Promotion of male employees' maternity leave

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

Overcome adversity and hardship! Resilience is the hot topic right now

 

◆The ability to overcome adversity and difficulties

Do you know what "resilience" is?　This concept represents the ability to overcome adversity and difficulties, and in the field of mental health, the term is used to describe the "strength of mind and spirit that does not give way in the face of adversity.

The definition varies from person to person and group to group, but the American Psychological Association defines it as "a process of successfully adapting to the stresses derived from adversity, trauma, tragedy, threats, or even family and relationship problems and serious health issues in the face of them. "

◆Increasing interest in the business sector

In a rapidly changing economic environment and intensifying competition between companies, there is a strong demand for people who can perform well in the face of adversity and difficulties. In addition, in order to deal with issues such as leave of absence due to mental health problems, it has been pointed out that it is important to increase the mental toughness of individuals as a primary preventive measure to prevent such problems in advance.

Against this backdrop, interest and attention to resilience has increased in recent years, and more and more companies are training their staff in resilience.

◆Resilience as a response to the new coronavirus is also in the spotlight

People who are resilient can be expected to thrive in a variety of situations. Specifically, resilience is believed to help people develop flexible thinking and resilience to trials, as well as the ability to respond appropriately to problems, mistakes, and high levels of responsibility at work. 

Resilience as a response to the stress of the new corona and telecommuting is currently receiving a lot of attention, especially as a response to the stress of the new corona and telecommuting.

The American Psychological Association describes resilience as "not an aptitude that a person has or does not have, but one that includes behaviors, thoughts, and actions that signify recovery from difficult experiences and can be learned and developed by anyone.

It's something that anyone can acquire, so why not include it as part of your employee development? 

Dismissing or disadvantaging a worker who has consulted on power harassment in the workplace or stated the facts in cooperation of an employment management action is prohibited by law.

Applications for support money for absence from work in response to the new coronavirus infection have begun

What is the support payment for absence from work in response to the new corona for individuals?
Workers at companies that cannot make use of the employment adjustment subsidy are eligible for this program, and 80% of their wages are paid according to their absence from work (up to ¥330,000 per month).
Student part-time workers, foreign workers, and technical interns are eligible for this subsidy, even if they are not insured by unemployment insurance, as long as they are employed. Registered temporary workers and day laborers are also covered if they meet the requirements, but overseas workers, day laborers, and part-time public servants of local governments are not covered.

How to apply 　
The application can be made by either the worker or the employer. 　
To apply, you need an application for payment and a confirmation of payment requirements, identification documents, a copy of the cash card or a copy of the bankbook, and a copy of a document that confirms the amount of wages paid before and during the absence from work.

In the case of the application in person, the employer must fill out a confirmation of requirements form 　
The Confirmation of Payment Requirements form includes a box for the employer to fill out to certify the absence from work, and the Ministry of Health, Labour and Welfare's Q&A states that, at a minimum, the employer must confirm the fact of the worker's employment, wage payment and absence from work. 　
If the employer refuses to provide proof of absence from work, the worker is required to report the fact that the employer's cooperation cannot be obtained, along with the background circumstances, and the employer is required to report to the Labour Bureau. 　
In addition, if an employee intentionally makes a false certification to receive the support payments, the employer is ordered to not only cancel the decision to receive the payments, but also to pay the full amount of the payments, as well as a late fee of 3% per year from the day following the date of the illegal receipt until the date of payment, and an amount equivalent to twice the amount of the return.

Documents to confirm the amount of wages during absence 　
If the amount of wages cannot be confirmed by the wage ledger, pay slips, or wage payment book, the payment cannot be made (for new graduates who have not worked a day, the contract of employment, notice of working conditions, etc. must be attached). The cooperation of the employer is also required to provide these documents.

Six principles of risk communication in an infectious disease crisis

First, it is important that all parties involved have a proper understanding of risk communication.
New coronavirus infections have many unknowns, and therefore tend to cause more anxiety than necessary.
To prevent inappropriate information from being spread and harassment of infected people in the workplace, it is necessary to ensure that appropriate risk communication is carried out as described below.

Be First: It's not just about communicating information, it's about who's communicating it

Be Right: Communicate both what you know and what you don't know

Be Credible: Scientifically sound information builds trust in the recipient

Express Empathy: Communicate information from the recipient's perspective

Promote Action: Emphasizing that each person's actions can help prevent infection

Show Respect: Be considerate of the other person's position and rights

Anti-harassment measures in the workplace have been beefed up since June 1, 2020!

Power harassment prevention measures are now mandatory for employers!

*It will become compulsory for small and medium-sized business owners from April 1, 2022.

Until then, it is obligatory to try an effort. Please act as soon as possible!

Power harassment in the workplace means that all the following elements are met

(1) Coercive words or actions based on the superior relationship;

(2) Exceeding the business necessity and reasonable scope of the business, and

(3) Those that are harmful to the work environment of the workers.

*Objectively, proper work instructions or guidance given to the extent necessary and reasonable for the job does not constitute power harassment.

Measures to be taken to prevent power harassment in the workplace

Employers must take the following measures as obligation.

Clarification of the employer's policies and other relevant information and awareness-raising

(1) Clarify the nature of power harassment in the workplace, the policy of non-power harassment, and disseminate them to workers.

(2) To stipulate a policy of stern treatment of the offender and the details of such treatment in the rules of employment and other documents, and disseminate them to workers.

Development of a system necessary to respond to consultation and respond appropriately

(3) Establishing a consultation service and making it known to the workers in advance.

(4) Ensure that the person in charge of the consultation service can respond appropriately according to the content and situation.

Prompt and appropriate responses after power harassment in the workplace

(5) Prompt and accurate verification of facts.

(6) Prompt and appropriate measures that take care the victim.

(7) Taking appropriate action against the offender after confirming the facts.

(8) Take measures to prevent recurrence.

Other measures to be taken in combination

(9) Taking necessary measures to protect the privacy of the consultant and the privacy of the doer, etc. and making that fact known to the workers.

*This includes sensitive personal information such as sexual orientation, gender identity, medical history, and fertility treatment.

(10) To stipulate that workers will not be dismissed or otherwise treated disadvantageously because they have consulted with the company, and to disseminate them to workers.

Prohibition of disadvantageous treatment of workers who have consulted with their employers, etc.

Dismissing or disadvantaging a worker who has consulted on power harassment in the workplace or stated the facts in cooperation of an employment management action is prohibited by law.