36 Agreement Japan

Morioka of Kansai University predicted that the government will likely establish non-binding overtime caps of about 80 to 100 hours per month for section 36 jobs with special provisions. Simply put, employers want more work and workers want more money to keep such agreements, said Koji Morioka, professor emeritus at Kansai University, who knows about work issues. Under the Trade Union Act of 1949, a ministerial order can extend the provisions of a collective agreement if both employers and a union request it to a particular sector or sector. However, in practice, this use is used very little. Under the Trade Union Act of 1949, section 7, paragraph 1, with the majority unions, authorizes a closed store. Unlike most OECD countries, Japan is not allowed to vote for board members. There is no legal right to elect a business committee with binding rights, although companies make extensive use of workers` advisory committees. In the absence of a majority-recognized union, workers` committees can enter into agreements with the same effect as collective agreements. Under the Trade Union Act of 1949, section 38, paragraph 4, of the use of health and safety committees is discretionary. This could have been the end of the story, but an employment law specialist in Osaka was able to get a copy of the agreement submitted through an information procedure, and the story eventually made headlines. Last week, Japanese newspapers reported that in 2012, a national medical research centre in the suburbs of Osaka reached a “36-year agreement” with its doctors and nurses, which allowed these employees to work up to 300 overtime hours per month and up to 2,070 overtime hours per year.

(To be clear, these hours are in addition to normal employee schedules.) 4. DOES AN EMPLOYER USE OVERTIME AS A WAY TO AVOID SHAKAI HOKEN ENROLMENT? No no. It is illegal for an employer to use overtime (particularly “overtime included in salary” – see below) as a means of making an employee work longer, while claiming that the employee does not exceed the registration limits of shakai hoken. Overtime cannot be used as a “legal loophole” to artificially empty work schedules in order to circumvent shakai hoken registration requirements. Once the total working time of one worker per week exceeds 30 hours, an employer is legally required to register the worker at shakai hoken.5

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