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.

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.