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.)