Points to note when posting information regarding recruitment on social networking sites, etc.

◆Recruitment advertisements must indicate the name of the recruiter, etc.

Under the Employment Security Law, when providing information, etc. on recruitment through advertisements, etc., including those on the Internet and SNS such as X, false or misleading representations must not be made (Article 5-4).

Recently, there have been some cases of recruiting workers to commit crimes on the Internet (shady jobs), and some of these advertisements may be misleading as normal recruitment. 

The Ministry of Health, Labor and Welfare (MHLW) encourages employers to be sure to display the following six information when recruiting workers directly through SNS, etc.: (1) the name (or names) of the recruiter, (2) address, (3) contact information (telephone number, etc.), (4) job description, (5) work location, and (6) wages.

Q How far should "Address (Location)" be listed?

A Building name, floor number, and even room number must be listed.

Q What should be listed as "contact information"?

A You must provide either a phone number, email address, or a link to a dedicated contact form provided on your website.

Q Is it acceptable to include a link to the recruitment information on the company's website where the name and other information is listed, without including the name and other information itself?

A Since a link to a company's website may be misleading, including whether or not it is a job offer in the first place, it is necessary to include the above 6 information in the advertisement itself that provides the recruitment information.

Q Is it necessary to provide the same details regarding the nature of work, place of employment and wages as required by Article 5-3 of the Employment Security Law and Article 15 of the Labor Standards Law?

A Although the job descriptions do not necessarily have to be the same, the job description, work location, and wages should be described so that job seekers will not be misled. For example, the job location may be listed as "the place of employment immediately after hiring" without stating the "scope of change in the place of employment," or it may list multiple candidate sites and say "negotiable," or it may list the wages as "1,500 yen per hour or higher," but if these are listed, it is not considered an immediate violation of Article 5-4 of the Employment Security Law.

90% of companies in favor of revising the 1,030,000 yen barrier

◆What is the "1,030,000 yen barrier"?

In a corporate survey conducted by Teikoku Databank (1,691 validly responding companies) on raising the "1.03 million yen barrier," it was revealed that nearly 90% of the responding companies were in favor of revising the "1.03 million yen barrier.

The "1,030,000 yen barrier" refers to the fact that income tax is incurred when annual income exceeds 1,030,000 yen and is excluded from the spousal deduction. Some companies make it a requirement that this barrier not be exceeded in order to provide a spousal allowance. As a result, many part-time workers are conscious of this barrier and refrain from working, contributing to labor shortages for companies.

In this survey, 67.8% of companies agreed that the "¥1,030,000 barrier" should be raised, while 21.9% said it should be eliminated. This means that a total of 89.7% of companies are calling for a review of the current system.

◆Main opinions in the survey

Many companies have commented that raising the barriers will help to relieve the labor shortage by eliminating the need for part-time workers to work less. The recent increase in the minimum wage has also had the effect of shortening the working hours up to 1,030,000 yen. There is also an expectation that if the increase is realized, "consumption activity will be stimulated by the tax reduction effect. On the other hand, some are concerned about how to secure financial resources, saying, "Since there is also the 1.06 million yen and 1.3 million yen barrier for social insurance premiums, people will remain reluctant to work if only the income tax is reviewed.

◆Keep an eye on the latest trends and take action

There is a possibility of accelerated movement toward legal reform regarding the "barrier to annual income," including the 1.03 million yen barrier. It is important for companies to keep a close eye on the latest developments and take appropriate measures to ensure that employees can work with peace of mind.

Criteria for Determination of Managerial Supervisory Status

The applicability of a managerial supervisor as defined in Article 41 of the Labor Standards Law is determined by comprehensively considering the following points. 

1. duties, responsibilities and level of authority

2. working style - existence and extent of discretionary working hours and working time management

3. wages and other benefits

◆duties, authority and level of responsibility

Whether or not a person is considered a managerial supervisor is not determined solely by his/her position or title within the company. It is determined based on whether or not the employee is actually in a "position that is integral to management.

◆working style

The following provisions apply to the working style.

"The actual working conditions must also be such that they do not conform to the regulations on working hours, etc."

Managers and supervisors need to have discretion in their own work. This is because strict time management is not conducive to management decisions and responses.

◆wages and other benefits

"Wages and other benefits appropriate to the position."

Managers and supervisors must be treated appropriately for their position. Due to the importance of their duties, they need to be treated appropriately in terms of salary, bonuses, position benefits, etc., compared to regular workers. Even if the annual salary is 6 or 7 million yen, it may be argued that the employee is not a managerial supervisor.

Thus, the requirements for "supervisors" under the Labor Standards Law are quite strict for companies, and it is extremely rare for a manager of a small or medium-sized company to fall under this category if the case goes to court.

◆Scrutiny from the Labor Standards Inspection Office

The Labor Standards Inspection Office will take immediate action in cases of ordinary unpaid overtime. However, as the issue of managers and supervisors is considered to be a matter of the company's personnel rights, the officer may urge the matter to be resolved in court or to implement improvements in the form of guidance. 

It is therefore important for a company to provide clarity on how it positions its managers and supervisors within the organization and to set out its stance on overtime payment to employees other than managers and supervisors.

Points to be noted in the Certificate of Employment for April 2025 Daycare Center Admission Applications

◆Address the issue of "the selection failure on purpose"

　The new format for employment certificates was established on September 30, and applications are being accepted on a rolling basis from October 1.

　The problem of "the selection failure on purpose" who apply to highly competitive daycare centers in order to extend their childcare leave has been raised, and action has been called for.

◆Changes in Forms

　The new form has the following five additional columns:

(1) Should childcare leave be shortened at the time of an offer of admission

(2) Should childcare extend

(3) Duration of single assignment (including planned)

(4) Remarks

(5) Parent's entry column (child's name, date of birth, facility name, check box regarding use/application status)

　In addition, some municipalities require companies to submit a separate sheet of paper with the status regarding night shifts, similar to a certificate of employment.

◆Requirements and procedures for extending the payment period of childcare leave benefits were also reviewed

　As a countermeasure against the above-mentioned "the selection failure on purpose," effective April 1, 2025, the procedure for extending the period of childcare leave benefits will be revised, and a copy of the employee's declaration and application for use of a daycare center, etc. will also be submitted to Hello Work (the Public Employment Security Office).

　In addition, as a condition for receiving the allowance, the director of Hello Work must recognize that the applicant's application to the municipality is a request to use childcare services at a daycare center in order to return to work as soon as possible.

　The provisions will apply to cases where the child involved in the childcare leave reaches 1 year or 1 year and 6 months of age on or after April 1, 2025, so it is advisable to inform those taking childcare leave who fall under this category.

Ministry of Health, Labor, and Welfare provides guidance to "spot work" application providers

The Ministry of Health, Labor, and Welfare (MHLW) has issued a directive to an app provider that connects companies and workers to "spot work," a one-time, short-time job, after the company indefinitely suspended the use of the app by workers. The application is designed to prevent the use of the application indefinitely in the event that an individual fails to report to work without notice, or so-called "AWOL," and is in violation of the Employment Security Law.

Spot work, also called skim work, matches workers with employers via a smartphone app.

The number of users is growing rapidly, and according to the Spot Work Association, as of October of this year, the total number of workers registered with the four main services reached 20 million. The number has doubled in the past year.

In some cases, these applications have a policy that if an applicant fails to contact the company and is unable to commence work, they will then be unable to apply through the application process indefinitely.

On the other hand, the main application operators are licensed as "fee-charging employment agencies" by the Minister of Health, Labor and Welfare. Based on the Employment Security Law, they must accept all job applications except those with illegal content.

Therefore, the Ministry of Health, Labor and Welfare (MHLW) has instructed some app operators on the grounds that indefinite suspension of use for workers is in violation of the Employment Security Law.

Shigeru Wakita, professor emeritus at Ryukoku University made the following observation:  "It is only the companies that seek workers who enter into employment contracts that are able to impose sanctions on the worker. There is no legal basis for penalties such as suspending the use of the app by job seekers imposed by employment agencies that have no employment responsibilities.  Restricting the use of the app for late arrivals and cancellations is an attempt to secure convenient workers for the companies, which misunderstands the purpose of the employment agency system."

October 14, Asahi Newspaper

Response to the transition to the national ID card with health insurance function (Myna health insurance card)

 

◆Started sending "Notification of Qualification Information" from September 9, 2024.

After December 2, health insurance cards will be shifted to Myna health insurance cards. Japan Health Insurance Association has been sending "Notification of Eligibility Information" to existing enrollees since September 9, 2024.

This "Notice of Eligibility Information" has been used since December 2024 to confirm the health insurance symbols and numbers required for applications for various health insurance benefits, etc. Part of the card is a paper card with a layout that can be cut out and used so that the insured person can easily carry it.

It will be sent to the company by registered mail and must be distributed to each insured person. For new enrollees on or after December 2, it will be sent at the time of qualification.

◆Treatment of conventionally insured cards

The current insurance card will not become invalid immediately after the transition to Myna health insurance card. Therefore, employees who retire by December 1, 2025 are required to return their insurance cards as before. After December 2, 2025, it will be possible for the insured to self-discard the insurance card, so there is no need to ask them to return the card.

◆Issuance of "Eligibility Confirmation Letter" to subscribers who do not have a Myna health insurance card.

For new enrollees, the card will be issued to enrollees who do not have a Myna health insurance card via the company after December 2, based on the application by the enrollee through a notification of eligibility.

For existing members, the certificate will be issued to those who are deemed necessary by Japan Health Insurance Association until December 2, 2025.

As for the handling of the certificate of eligibility, if the employee resigns before the expiration date, he/she should return the certificate to the company and collect it at the time of resignation procedures.

How many workers return to work after a ruling of invalidity of dismissal, etc.?

 

A survey conducted by the Japan Institute for Labor Policy and Training (JILPT) of lawyers specializing in labor issues, including the Japan Labor Defense Lawyers Association and the Japan Federation of Bar Associations for Management, as well as other lawyers with expertise in labor issues, revealed the following.

◆Ratio of reinstated employees after invalidation of dismissal, etc.

The percentage of reinstatement in cases where dismissal, etc. is declared invalid in a judgment in a dismissal/end of employment contract lawsuit is as follows:

Returned to work 37.4% (of which 30.3% continued working after returning to work and 7.1% resigned involuntarily after returning to work)

Did not return to work 54.5%

Unknown 8.1%

As for reasons for not returning to work, the largest percentage (38.9%) cited concerns about human relations after returning to work. The most common reason given by workers who resigned involuntarily after returning to work was "harassment by employer" (16.2%).

◆Rejection of settlement offers in many cases

On the other hand, 86.5% of the cases that ended in judgment rejected the settlement offer presented by the court in the process leading up to the judgment, as follows:

Workers rejected 45.0%

Rejection by the employer 21.3%

Rejection by both labor and management 33.8%

Reasons for rejection on the part of workers were "agreed severance settlement, but the worker wanted to return to work" (34.7%), "agreed severance settlement, but the settlement amount was low" (30.6%), and "agreed severance settlement, but the worker was convinced that the dismissal was invalid" (22.3%).

The reasons for rejection on the employer side were: "The settlement was an agreed severance settlement, but the employer did not want to pay money" (19.4%), "The settlement was an offer of status confirmation, but the employer did not want to reinstate the employee" (15.3%), and "The settlement was an agreed severance settlement, but the amount was too high" (13.9%).

Currently, the Labor Policy Council of the Ministry of Health, Labor and Welfare has been discussing a monetary relief system for invalid dismissals for some time, but it seems to have stalled a bit. It seems that the future of the issue is still up in the air.