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.

Bankruptcies due to labor shortages - increasing at a record pace

Teikoku Databank announced the number of "labor shortage bankruptcies" in the first half of 2024: 182, far more than the 110 cases in the first half of 2023, and on pace for a record high.

The term "labor shortage bankruptcy" refers to bankruptcies of companies that went into legal liquidation (bankruptcy) because they were unable to secure labor due to employee turnover or difficulty in hiring.

◆80% of bankruptcies were cases with less than 10 employees.

　Of the 182 "labor shortage bankruptcies" in the first half of 2024, small businesses with "less than 10 employees" accounted for 80%. According to the Ministry of Health, Labor and Welfare's Labor Force Survey (May 2024), the number of workers has increased for 22 consecutive months, and although the sense of labor shortage is subsiding, small businesses, where the damage caused by a single retiree is significant, are still expected to face a high possibility of being forced into "labor shortage bankruptcy.

◆There’s also the impact of the 2024 problem.

  In the logistics and construction industries, the labor shortage caused by the overtime caps imposed by the Workplace Workplace Reform Act, which came into effect in April 2024 (the so-called "2024 problem"), led to 53 bankruptcies in the construction industry and 27 in the logistics industry, the highest numbers ever in the first half of a year for both industries. In particular, the number of bankruptcies in the logistics industry almost doubled from the 15 in the first half of 2023, due to the revision of the overtime work ceiling regulations and the Notice of Standards for Improvement.

　When one employee leaves the company, the remaining employees must fill the vacancy, and in many cases, the workload becomes unbearable and a chain of resignations occurs in a domino-style fashion. It is necessary to consider measures to address labor shortages that suit your company, such as strengthening recruitment and improving working conditions to prevent employee turnover.

Revised Child Care and Family Care Leave Law and Revised Act on Advancement of Measures to Support Raising Next-Generation Children were enacted.

 

To enable both men and women to balance work and childcare/nursing care, the revised law was enacted for the purpose of taking measures as follows: 

* Expansion of measures to provide flexible work arrangements based on the age of the child,

* Expanding the scope of the obligation to publicize the status of childcare leave taken,

* Promote and strengthen measures to support Act on Advancement of Measures to Support Raising Next-Generation Children;

* Reinforcement of support systems for balancing work and nursing care in order to prevent nursing care turnover.

◆Key amendments to the Child Care and Family Care Leave Law, along with the effective date.

(1) Employers will be obligated to take measures, etc. to realize flexible work styles for workers raising children over 3 years old and before entering elementary school. [Effective date: Date specified by Cabinet Order within 1 year and 6 months after promulgation.]

(2) Workers who take care of children before entering elementary school are entitled to restrictions on overtime work (exemption from overtime work) upon request. [Effective date: April 1, 2025]

(3) Employers will be obliged to make efforts to take measures so that workers raising children under 3 years of age can choose to telework. [Effective date: April 1, 2025]

(4) Child nursing care leave will be revised. [Effective date: April 1, 2025]

(5) Employers will be obliged to listen to and give consideration to the individual wishes of workers regarding balancing work and childcare at the time of pregnancy and childbirth notification and before the child turns 3 years old. [Effective date: Date set by government ordinance within 1 year and 6 months after promulgation.]

(6) The obligation to publicize the status of employees taking childcare leave will be extended to companies with more than 300 employees. [Effective date: April 1, 2025]

(7) Employers will be obliged to take measures to prevent employees from leaving their jobs due to nursing care, such as informing employees about the measures, confirming their intentions, and improving the employment environment. [Effective date: April 1, 2025]

◆Points of revision of the Act on Advancement of Measures to Support Raising Next-Generation Children and effective date

The effective date of the law has been extended to March 31, 2035. [Effective date: Date of promulgation (May 31, 2024)]

Companies with more than 100 employees will be required to monitor and set numerical targets for the use of childcare leave. [Effective date: April 1, 2025]

　

Details will be established by government ordinance in the future, so it will be necessary to keep a close eye on the situation.

 "Information on the revised points of the Child Care and Family Care Leave Act and the Act on Advancement of Measures to Support Raising Next-Generation Children".

https://www.mhlw.go.jp/content/11900000/001259367.pdf

The Importance of "Resources at Work"

 

In the trend toward reforming work styles, there is a tendency to place more emphasis on the quality of work, but one research study found that, in fact, there is not much difference in the "quality of work" of Japanese workers between regular and irregular employment, and that the only major difference is the "quality of income.

The study also showed that many workers, regardless of gender or employment status (full-time, non-full-time, part-time, etc.), are exposed to excessive work demands and have only inadequate "work resources" to do quality work.

Things that enhance the quality of work

The study states that what enhances the quality of work is the availability of the following "work resources," all of which must be sufficient

[Discretion and learning opportunities]

Given discretion in the order and method of work. Opportunities to learn new things from superiors and colleagues, etc.

[Good management]

There is order and planning in the work. The supervisor treats employees with kindness and compassion. A reliable and trusted superior. Opportunities to obtain feedback and advice on one's work from superiors and colleagues, etc.

[Good relationships]

The department has a willingness to work together. Work-related information has been shared. They are cooperating with each other to think of new ideas and implement them, etc.

Create an organization that is not dented by high-demanding work

It is not advisable to attempt to reduce long working hours without a clear plan of action. Behind the creation of long working hours are numerous problems related to "work resources," such as unclear work goals, inadequate work planning and arrangements, and lack of necessary communication.

In order to create an organization and workplace that is not dented by overloaded or high-demanding work, it is necessary to prepare "work resources" and increase employees' sense of wellness, job satisfaction, mental health, and work engagement.

It's a good idea to take a look at your company's work resources once in a while.

Treatment of Telework Allowance in the Calculation of Premium Wages

On April 5, 2024, the Ministry of Health, Labor and Welfare issued a notice regarding the exclusion of telework allowances from the calculation of premium wages.

◆Wages as the basis for premium wages

The premium wage is calculated by multiplying the hourly wage by the premium rate. However, family allowances, commuting allowances, living apart allowances, child education allowances, housing allowances, temporary wages, and wages paid for a period exceeding one month are not included in the wage base, as stipulated by law.

So-called telework allowances are generally included in the base wages for premium wages if the telework allowance falls under wages under the Labor Standards Law.

◆Cases in which telework allowances are not included in the premium wage base

However, if the telework allowance is considered as reimbursement for actual expenses necessary for business management, the telework allowance does not constitute wages and is not required to be included in the wages as the basis for premium wages.

According to this notice, in order for a telework allowance to be treated as reimbursement for actual expenses, it must be clear from its external appearance that the telework allowance is intended to identify and reimburse the amount of expenses actually incurred by the worker for the work.

◆A method of reimbursement of actual expenses

Among telework allowances, those that could be considered as reimbursement of actual expenses include the cost of purchasing office supplies, etc., communication expenses (telephone charges, communication charges for Internet connection), electricity charges, and charges for using rental office space. For the method of reimbursement of these business use portions, please refer to the method indicated in the National Tax Agency's "FAQ on Cost Sharing for Telework (related to withholding income tax)".

Excluding telework allowances from the calculation of premium wages constitutes a disadvantageous change in working conditions, and should be discussed carefully between labor and management in accordance with the law.

Recognizing Unusual Worker's Accidents for Teleworkers

A woman in her 50s working for Yokohama-based Starkey Japan, a manufacturer of hearing aids, developed an adjustment disorder because of the long hours she worked as a teleworker, according to the Yokohama North Labor Standards Inspection Office. The lawyer representing the woman announced this at a press conference held in Tokyo on April 3. The certification was dated March 8, and is unusual in that it is the first time that a worker's compensation for teleworking has been approved.

According to the certification by the Labor Standards Inspection Office, the woman was in charge of accounting at the company and began teleworking at home in 2020, the year of the Corona disaster. Her supervisor began to frequently contact her early in the morning and late at night for work-related communications and reminders, and she was often forced to work on her days off.

In March 2022, the woman developed an adjustment disorder. In the month immediately prior to her onset of the disorder, she had worked 112 hours of overtime, exceeding the overwork death line (100 hours per month).

At a press conference, a lawyer representing the woman said, "Appropriate management of working hours is necessary even for telework, which leads to more flexible work styles for workers." Starkey Japan stated in an interview, "We take this matter very seriously and will respond to it in good faith."