The Rules for Clear Indication of Working Conditions will change from April 2024

The rules for clear indication of working conditions will be changed from April 2024 (Ministry of Health, Labor and Welfare).

https://www.mhlw.go.jp/content/11200000/001080267.pdf?

(1) Details of the revisions

The content to be added by the revision is as follows.

Content to be newly added and timing of notice

(1)? “Scope of change” of workplace and work duties

• At the time of execution of all employment agreements
• At the time of renewal of fixed-term employment agreement

(2)? Existence and details of renewal limitations

• At the time of execution of all fixed-term employment agreements
• At the time of renewal of fixed-term employment agreement

(3)?? Opportunity to apply for conversion to indefinite term

(4)?? Working conditions after conversion to indefinite term

• At the time of renewal of agreement arising from the right to apply for conversion to indefinite term under the indefinite term conversion rule

(2) Clear indication of working conditions

Regarding clear indication of working conditions, Article 15 of the Labor Standards Act stipulates that “the employer will clearly indicate the wages, work hours and other working conditions to a worker when executing an employment agreement.” The specific details of the clear indication of working conditions are stipulated as follows in the Enforcement Ordinance of the Labor Standards Act Matters required be clearly indicated (mandatory)

All matters required to be always clearly indicated to all workers regardless of the form of employment such as regular employee, part-timer, and casual staff at the time of executing an employment agreement or renewal of fixed agreement.

1. Term of the employment agreement
2. Standards in the case of renewal for fixed-term agreements
3. Workplace and work duties
4. Starting and finishing times,? possibility of work exceeding designated working hours, break times, holidays, etc.
5. Determination, calculation and payment of wages, closing date for wages/timing of payment and raises
6. Leaving the company (including grounds for dismissal)

Matters that may have to be clearly indicated (optional) Matters required to be clearly indicated if applicable (e.g., a company is not required to pay retirement allowance or severance, but if the company does make such payment, notice is required) in addition to 1. to 6. above ?

1. Retirement allowance or severance payment
2. Wages, bonuses, etc. to be paid provisionally
3. Meal expenses, work supplies and other items to be paid by the worker
4. Safety and sanitation
5. Job training and education
6. Accident compensation and non-work related illness and injury assistance
7. Commendation and disciplinary actions
8. Leave of absence

?Method of clearly indicating of working conditions (matters that must be indicated excluding raises) will be physical delivery of a written notice in principle, however, if the worker so wishes, facsimile, email, etc. may be used instead.

(3) In regarding “scope of change” of workplace/work duties

Under this revision, “scope of change“ must be added to matters regarding workplace/work duties which are matters that must be clearly indicated for working conditions.

Here “scope of change” means the details of the workplace/work duties which could be changed due to future transfers, etc.

For example, in regard to a worker whose work duties are set, the details immediately after hiring and the scope of change will noted as the same work duties.

In regard to a worker whose work duties are not set, it will be necessary to clearly indicate in working conditions notice the duties immediately after hiring and the scope of change.

* source: https://www.kigyoujitsumu.com/topics_detail31/id=46940