Cheating technique of " The AdvancedProfessional Worker’sbill" （part ３）
6. It is not illegal not having a break time
Perhaps I thinktaking lunch breaks is common sense, but it is not illegal working withoutgiving break time.
· common sense: 常識
7. Of course overtime allowance will not be paid
Forregular workers, if a worker works more than 8 hours a day, 40 hours a week, 125%of overtime allowance will be paid. If a worker works in the late night anadditional 25% will be added. If you work on a weekly holiday, 135% of holidaywork allowance will be paid. But none of these are paid to high professionalworkers.
8. Target workers can’t even decide their own working hours by themselves
Under the current Labor Standard Law, manager supervisorsuch as department manager and section chief is not required to pay overtime allowanceor holiday work allowance except midnight working allowance. But instead, the managementworkers can decide their own working hours themselves.
If only the worker’s position name is the manager and he / shedoes not have right to decide his / her own working hours and working days, he/ she is not a manager under the Labor Law.
In other words, overtime allowance must be paid to workers who donot have discretionary rights on working days and working hours.
High professional workers do not have theright/discretion to decide themselves about working days and working hours.As you are a professional worker, if you are ordered to work 16 hours a day,you have no choice but to obey. Because you are a lower rankedemployee, hirasyain(平社員) in Japanese. You must obeythe Employment Regulations of your company. You may be punished if you violateyour Employment Regulations. It is not illegal for a company to cut half ofwage if the contracted working hour is 16 hours, if you work for only 8 hours.
· Discretion: noun自由裁量 任意
· EmploymentRegulations: 就業規則
9. There is also thepossibility that the target task is ambiguous and might be expanded
Two conditions of “the Advanced Professional bill” (incomeconditions and job of advanced expertise) are decided by ministerial ordinance withoutresolving by the National Assembly. Therefore,the government can easily lower the bar.
According to a newspaper report, in the first stage, some specifiedjobs will be the professional jobs by ministerial ordinance. These will be the development of the financial product,dealing, analyst work, consultant work, research anddevelopment work etc.
The Abe Administration has introduced this bill to the Diet on therequest of the Federation of Economic Organization that we say usually Keidanren. The aim of the Keidanren isto expand the duties and reduce the annual income of the target workers. In the past, Keidanren hasproposed “White Collar Exemption System” for workers who have more than 4million yen in annual income.
We have a bitter lessonof the Labor Dispatch Law. In 1986, target job of the Labor Dispatch Law was 13jobs, then became 16 jobs and then 26 jobs, and now it has expanded to almostall jobs. When the law of a different dimension is approved, thetarget person expands.
The best thing for workers is that this bill is scrapped.
· the development of the financial product:金融商品の開発
· analyst:証券会社 シンクタンクで企業や業界分析を担当する人
· research and development：調査研究開発
· dimension:局面 次元
· different dimension：異次元
· bitter lesson:にがい教訓
· be approved:成立する
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