労働相談奮闘記

Cheating technique of " The Advanced Professional Worker’s bill" Part 3

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.

<<<<Words>>>>

·                     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.

<<<<Words>>>>

·                     Discretion: noun自由裁量 任意

·                     Discretionary:自由裁量の

·                     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.

<<<<Words>>>>

·                     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

·                     ministerialordinance:省令

·                     dimension:局面　次元

·                     different dimension：異次元

·                     bitter lesson:にがい教訓

·                     be approved:成立する

·                     

Cheating technique of " The Advanced Professional Worker’s bill" part II

Cheatingtechnique of " The AdvancedProfessional Worker’s bill"　（part II）

４.The bill requires the consent of a corresponding worker.       Can you refuse it?

The other systemintroduction requirement is the agreement of a target worker.

When your boss says that "You will be eligible for theAdvanced Professional System from next month, please sign the consentform", can you refuse it?

Don’t you think that there aremany workers who cannot refuse, even if you have the choice to refuse, because youare strong-willed?

<<<<Words>>>>

·                     consent：同意

·                     correspondingworker:対象の労働者

·                     eligible: adj. 適格である　fit   suitable

·                     the consent form:同意書

５.Excludedfrom regulations with penalty working hours

AdvancedProfessional Workers are out of the scope of theRegulation with Penalty Working Hours.

"TheBill of Work Way Reform" includes the Ceiling Control ofOvertime Hours with Penalty.Overtime hoursare stipulated to be within 100 hours a month or within 80 hours on average for2 months to 6 months.

I am against this provision because 80 hours is “Overwork Death Line”. It was judgedalready by the Labor InspectionOffices.  It’s too long.

However,target workers of high professional are excluded from this overtime regulationwith penalty. Soeven if target worker works more than 80 hours, the Labor Inspection Offices cannot take action.

<<<<Words>>>>

·                     out of thescope of the Regulation:規定の対象外

·                     provision：条項　規定

·                     The Bill of Work Way Reform：働き方改革法案

·                are stipulated to：規定されている。

＜＜＜続く＞＞＞

     The article is to be continued in  the part II　→　https://blogs.yahoo.co.jp/huchisokun/65019075.html

Cheating technique of " The Advanced Professional Worker’s bill"

Cheating technique of "The AdvancedProfessional Worker’s bill"  (part１）

1.introduction

In the Diet, “the Working Way Reform Bill" bundling/containingeight labor regulations into one bill started to be discussed from May 2 in the absence of major opposition parties.

“The Working Way Reform bill” includes "the bill for the Ceiling Control of Overtime Hours with Penalty", "the bill for the Improved Treatment of IrregularWorkers(so-called “same job workers have right to get same wage”)", "the Expansion Discretionary Labor System bill" and "the Advanced ProfessionalWorker’s Bill” etc.

Approximately a week after, the opposition parties joined the debate. But on May 31, the ruling party suddenly forced the bill vote at the House of Representatives plenarysession.

“The Expansion of the Discretionary Labor System bill” was deleted from “the Working Way Reform Bill" due to inappropriate data detection by the Ministry of Health, Labor and Welfare, but as for "The Advanced Professional Worker’s Bill" is still remaining as a part of “The Working Way Reform Bill”. In fact, this bill incorporates/includes more advanced cheating techniques. I will further explain in detail which this is such a terrible law. Of course, This has to be corrected in the future Diet debate, but if this is not done, it could be the beginning of a rare toxic law.

<<<<Words>>>>

·         The Advanced Professional Worker’s Bill: 高プロ法案

·         The Working Way Reform Bill：働き方改革法案

·         the Ceiling Control of Overtime Hours with Penalty:罰則付き残業時間の上限規制

·         the bill for the Improved Treatment of IrregularWorkers: 非正規労働者の待遇改善法案

·         the Expansion Discretionary Labor System bill：裁量労働制法案の拡大法案

·         Discretionary: according to one’s own judgement

·         bundle: to make it bundles=束ねる　束にする

·         plenary session:本会議

·         delate:消す　erase, extinguish, put out 

·         inappropriate: 不適切な　unsuitable

·         detection:発覚、露見、＝coming to light

·         incorporate:盛り込む、取り混ぜる　include, mix, combine

 

2.It is not a law only for some professionals with high income

According to HP of the Ministry of Health, Labor and Welfare, the details of the Advanced Worker’s Bill are as follows.

<<<<Workers subject to law/Target workers>>>>

The workers who satisfy "clear requirement of duties and certain income requirements" (at least 10.75 million yen or more) and engage in operations such as requiring advanced expertise.

<<<<Labor conditions of target workers>>>>

The law stipulates excluding provisions such as legal working hours, holidays, break time, furthermore extra wages at overtime, midnight and holidays, etc. 

<<<<Requirements for Introducing in Companies>>>>

Taking the measuresto ensure health, and need to get the consent of the workeroneself and the resolution of the Labor-Management Committee etc. "It is explained by HP of the Ministry of Health, Labor and Welfare.

……………………………………………………………………

Looking at this explanation, don’t you think that "It is a problem regarding/concerning high salary professionals, and not yourself."? Here are tricks for cheating.

<<<<Words>>>>

·           subject: 対象

·           satisfy: （条件を）満たす　to make someone feel pleased by doing what they want

·           requirement:要件　something that someone needs or ask for

·           engage in operations such as requiring advanced expertise：高度な専門知識を必要とする仕事に携わる

·           expertise：専門知識　専門的技術　専門的意見　special skill or knowledge

·           Be involved with: に参加する　に打ち込む

·           engage in operations：従事する

·           stipulate:規定する If an agreement, law, or rule stipulates something, it must be done.

·           provisions:規定　regulation

·           to exclude provisions:規定の除外

·           ensure:確保する　to make sure //// to make certain that something will happen properly.

·           taking the measures to ensure health:健康確保措置を講じる

·           measure：対策、手段、措置　action

·           with the consent of the worker：労働者の同意を得て　 

·           consent：agreement

·           resolution:決議　decision

 

3.In theory, it is accepted even for 24-hour work a day.

10.75-million-yen incomeis surely high income I think.

According to a newspaper report, in the first stage, a target worker seems to be a worker with income of 10.75-million-yen income or more. Surely, 8 hours a day, 40 hours a week at 10.75-million-yen income may be a high income.However, in the explanation of the Ministry of Health, Labor and Welfare, it is defined to exclude provisionssuch as legal working hours, holidays, break time etc. For the target worker, it is theoretically OK even if the workers were forced to work 24 hours a day if the employer paid 10.75-million-yen a year. Even then the Labor Inspection Officescannot inspect that. Because it is not a violation of Labor Standard Law.

Do you think 10.75 million yen is considered high income for someone who is literally working until to death line of overwork?In fact, the Minister of Health, Labor and Welfare has answered "It is not illegal by itself" to the question of an opposition party’s member "Is it illegal to make a worker work more than 200 hours’ overtime?".

Looking at the outline of the law, there are some conditions for companies to introduce this system. 

One of these conditions is making the provisions for holidays in the Employment Regulations.

The law stipulates to make the provisions in the Employment Regulations at least 4 days of holidays in 4 weeks and 104 days of holidays in a year.

 That means if the employer regulates 4 days of holidays in 4 weeks in the Employment Regulations, it is not illegal if the employer makes the worker work for 3 weeks without any holidays. These are very harsh labor conditions. Of course in this case the worker has the right to get 4 consecutive days of holiday together in the last week.

<<<<Words>>>>

·         theoretically：理論的には＝in the theory

·         provisions:条項　規定

·         the Ministry of Health, Labor and Welfare=厚生労働省

·         the Labor Inspection Offices=労働基準監督署

·         the Employment Regulations=就業規則

·         exclude：除外する　except

·         provisions：規定　　　　　　　　　　　　　　　　＜＜＜続く＞＞＞

·          The article is to be continued in  the part II　→　https://blogs.yahoo.co.jp/huchisokun/65019042.html