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Guidelines for Employers on Improving, Etc. Employment Management of
Part-Time Workers
1. Introduction
These guidelines have been established in order to promote
appropriate and effective implementation of measures for securing appropriate
work conditions, implementation of education and training, contributing
to the welfare of part-time workers, and improving other types of employment
management (hereinafter referred to as "Improvement of Employment
Management, Etc.") that employers should endeavor to adopt as provided
for in paragraph 1 of Article 3 of the Law Concerning the Improvement
of Employment Management, Etc. of Part-Time Workers.
2. Basic Approach with Regard to the Measures that Employers Should
Endeavor to Take to Improve, Etc. Employment Management of Part-Time Workers
Employers should, in respect to the treatment of part-time
workers, comply with the laws and ordinances, such as the Labour Standards
Law (Law No. 49 of 1947), Minimum Wages Law (Law No. 137 of 1959), Industrial
Safety and Health Law (Law No. 57 of 1972), Workers' Accident Compensation
Insurance Law (Law No. 50 of 1947), Law on Securing, Etc. of Equal Opportunity
and Treatment between Men and Women in Employment (Law No. 113 of 1972),
Law Concerning the Welfare of Workers Who Take Care of Children or Other
Family Members Including Child Care and Family Care Leave (Law No. 76
of 1991), and Employment Insurance Law (Law No. 116 of 1974), and take
into consideration the actual working condition and maintain a balance
with regular workers, etc. In considering the balance with regular workers,
in respect to part-time workers whose duties are the same as those of
regular workers in particular, employers should follow the under-mentioned
approach:
| 1 |
With respect to the part-time workers, who are not substantially
different from regular workers in respect of the system and practice
of the utilization of human resources including the scope and frequency
of personnel transfer, change in role modality of nurturing human
resources, etc. (referred to in 2 below as "system and practice
of the utilization of human resources, etc."), measures should
be taken for part-time workers such as using the same decision-making
method with regular workers concerning the treatment, based on which
efforts should be exerted to secure balance with regular workers by
treating them in accordance with their enthusiasm, ability, experience,
performance, etc. |
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| 2 |
With respect to the part-time workers, who are different from regular
workers in respect of system and practice concerning the utilization
of human resources, etc., degree of the difference should be taken
into consideration, based on which efforts should be exerted to balance
with the regular workers by implementing measures concerning the treatment
in accordance with their will, ability, experience, performance, etc. |
3. Measures that Employers Should Endeavor to Take to Improve, Etc.
Employment Management of Part-Time Workers
Adopting the basic approach set forth in section 2 above,
employers should take appropriate measures particularly with regard to
the following matters:
| (1) |
Securing Appropriate Working Conditions for Part-time Workers |
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| (a) |
Clear statement of working conditions |
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| i) |
When an employer makes a labour contract with a part-time
worker, in accordance with the provisions of the Labour
Standards Law the employer shall issue to the said part-time
worker documentation which clarifies each of the matters
concerning the following working conditions: |
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| (i) |
the term of the labour contract; |
| (ii) |
the place of work, and the duties in which the
worker is to engage; |
| (iii) |
the starting time and ending time of work, a statement
of whether or not work in excess of the fixed working
hours is required, rest periods, holidays, vacations,
and the shift system when workers work in two or
more shifts; |
| (iv) |
the methods of determining, calculating, and paying
wages (excluding those provided for in ii) (ii)
below; the same applies hereafter in (iv)), dates
for closing accounts for wages, and the dates for
payment of wages; and |
| (v) |
retirement (including reasons for dismissal). |
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| ii) |
When an employer has employed a part-time worker, the
employer shall endeavor to promptly issue documentation
(a written notice of engagement) clarifying matters concerning
the following working conditions, and others, to the said
part-time worker. However, this shall not apply in the
event that said working conditions have been clarified
in the documentation issued in accordance with numbered
item i) above or by providing the office regulations. |
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| (i) |
wage increases; |
| (ii) |
severance pay, temporary allowance, bonuses, good-attendance
allowance paid according to the worker's attendance
record for a period of more than one month, length-of-service
allowance paid for continuous service for a specified
period of more than one month, and incentive payment
or efficiency allowance assessed for a reason that
continues for a period of more than one month; |
| (iii) |
a statement of whether or not work on days other
than the prescribed working days is required; |
| (iv) |
the extent of work in excess of the prescribed
working hours or work on days other than the prescribed
working days; |
| (v) |
safety and health; |
| (vi) |
education and training; and |
| (vii) |
leave of absence. |
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| (b) |
Preparation of office regulations |
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| i) |
Employers who regularly use ten or more part-time workers,
in accordance with the Labour Standards Law, shall provide
office regulations that are applicable to part-time workers. |
| ii) |
In providing or modifying office regulations on matters
related to part-time workers, an employer shall endeavor
to hear the views of either a trade union organized by
a majority of part-time workers at the workplace, where
such a trade union exists, or a person who represents
the majority of part-time workers (referred to in iii)
and iv) below as "Representative of the Majority"),
at the workplace where no trade union organized by a majority
of part-time workers exists. |
| iii) |
The Representative of the Majority shall be a person
to whom both of the following items apply: |
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| (i) |
a person who does not occupy a supervisory or
managerial position as defined in numbered item
2 of Article 41 of the Labour Standards Law; and |
| (ii) |
a person elected by a ballot, show of hands, or
similar procedure prior to which it has been clearly
stated that the purpose thereof is to elect a person
from whom the employer will hear views concerning
the preparation or modification of office regulations. |
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| iv) |
An employer shall not treat a worker disadvantageously
by reason of said worker's being or becoming the Representative
of the Majority, or having performed a legitimate act
as the Representative of the Majority. |
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| (c) |
Working hours |
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| i) |
In determining or modifying working hours and working
days for part-time workers, employers shall endeavor to
consider sufficiently the conditions of part-time workers
concerned. |
| ii) |
As much as possible, employers shall endeavor to prevent
part-time workers from exceeding the prescribed working
hours or working days. |
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| (d) |
Annual paid vacation
Employers shall provide the number of days of annual paid vacation
shown in the attached table to part-time workers, in accordance
with the Labour Standards Law. |
| (e) |
Fixed-term labour contract
For a part-time worker with whom an employer concludes a labour
contract with fixed term (hereinafter in (e) referred to as
"a fixed-term labour contract"), in accordance with
the Standards for the Conclusion, Renewal and Termination of
Fixed-Term Labour Contracts based on the Labour Standards Law
(Ministry of Health, Labour and Welfare Notice No. 357 of 2003),
the employer shall take the following measures: |
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| i) |
Matters to be stated clearly at the time of conclusion
of the contract, etc |
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| (i) |
When an employer makes a fixed-term labour contract
with a part-time worker, the employer shall state
clearly whether the contract is renewable on completion
of the term. |
| (ii) |
In the case provided for in (i) above, when an
employer states that a contract is renewable, the
employer shall state clearly to the part-time worker
the criteria of judgement in deciding whether the
contract will be renewed. |
| (iii) |
When an employer alters item(s) stipulated in
(i) or (ii) above after concluding a fixed-term
labour contract, the employer shall promptly provide
a clear statement of the alteration(s) to the part-time
worker with whom the contract was concluded. |
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| ii) |
Notice of termination
When an employer intends not to renew a fixed-term labour
contract (provided that the part-time worker concerned
has been employed continuously for over one year from
the date of employment and was not informed in advance
that the contract was nonrenewable; the same applies in
iii) (ii) below), the employer shall provide notice to
that effect at least 30 days before the date of completion
of the term. |
| iii) |
Clear statement of the reason for termination |
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| (i) |
In the case provided for in ii) above, an employer,
if so requested by a part-time worker, shall without
delay issue documentation of the reason for the
decision not to renew the contract. |
| (ii) |
When a fixed-term contract has not been renewed,
an employer, if so requested by a part-time worker,
shall without delay issue documentation of the reason
for which the contract was not renewed. |
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| iv) |
Considerations with regard to the contract term
When renewing a fixed-term contract for a part-time worker
who has already renewed the said contract at least once
and has been employed continuously for over one year from
the date of employment, an employer shall endeavour to
make the term of the said contract as long as possible,
according to the actual situation of the said contract
and the wishes of the part-time worker. |
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| (f) |
Notice of dismissal |
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| i) |
When an employer intends to dismiss a part-time worker,
the employer shall provide at least 30 days' notice in
accordance with the Labour Standards Law. An employer
who fails to provide 30 days' notice shall pay a sum not
less than the average wage for 30 days. |
| ii) |
The period of notice provided for in i) above may be
reduced in the event that the employer pays the average
wage for each day by which the period is to be reduced. |
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| (g) |
Documentation upon retirement, etc. |
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| i) |
An employer, if so requested by a part-time worker upon
retirement, shall without delay issue documentation of
said worker's period of employment, type of work, position
in the enterprise, wages, or reason for retirement (including,
in the case that retirement is due to dismissal, the reason
for dismissal), in accordance with the Labour Standards
Law. |
| ii) |
An employer, if so requested by a part-time worker between
the date of the notice of dismissal provided for in (f)
above and the date of retirement, shall without delay
issue documentation of the reason for dismissal in accordance
with the Labour Standards Law. |
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| (h) |
Wages, bonuses and retirement allowances
An employer shall endeavor to base wages, bonuses and retirement
allowances on due consideration of the actual employment conditions,
and the balance with regular employees, etc. |
| (i) |
Medical examinations
An employer shall provide the following medical examinations
to part-time workers in accordance with the provisions of the
Industrial Safety and Health Law: |
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| i) |
for regularly employed part-time workers, a medical
examination at the time of hiring, and regular medical
examinations once every year or less thereafter; |
| ii) |
for part-time workers regularly engaged in work that
includes late-night work, etc., a medical examination
at the time of reassignment to such work, and regular
medical examinations once every six months or less thereafter; |
| iii) |
for part-time workers regularly engaged in certain work
that is harmful to the health, a medical examination concerning
special items at the time of hiring or reassignment to
said work and at regular intervals thereafter; and |
| iv) |
other medical examinations as necessary. |
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| (j) |
Measures during pregnancy and after childbirth
An employer shall take the following measures with regard to
part-time workers who are pregnant or who have given birth less
than one year previously, in accordance with the Labour Standards
Law and the Law on Securing, Etc., of Equal Opportunity and
Treatment between Men and Women in Employment: |
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| i) |
providing leave before and after childbirth; |
| ii) |
the measures necessary to ensure that said workers can
secure the necessary time to receive medical examinations,
etc., and that they can observe instructions of a medical
doctor, etc., based on the examinations; and |
| iii) |
other necessary measures. |
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| (2) |
Improvement of Employment Management Including Implementing Education
and Training for Part-Time Workers, Improving Their Welfare, Etc, |
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| (a) |
Implementation of education and training
An employer shall endeavor to implement education and training
in accordance with the actual conditions of employment, in order
to promote human resources development and improvement, etc.
for part-time workers. |
| (b) |
Welfare facilities
With respect to utilization of facilities for dining, health,
education, culture, and sports and recreation, an employer shall
endeavor to treat part-time workers the same as regular employees. |
| (c) |
Measures for child care leave and family care leave
An employer shall take the following measures with regard to part-time workers,
in accordance with the provisions of the Law concerning the Welfare of Workers Who Take Care of Children
or Other Family Members Including Child Care and Family Care Leave: |
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| i) |
a measure for child care leave and family care leave; |
| ii) |
a measure for leave to take care of a sick child; |
| iii) |
measures for limitation of extension of working hours or measures for limitation of late-night work
with regard to workers who take care of a child not yet attending elementary school or a family member
in a condition requiring constant care; and |
| iv) |
measures such as shortening of working hours for workers who take care of a child
less than one year old (or in some cases one year and six months of age, and so in
(iv) below); or measures corresponding to a measure of child care leave, or
measures such as shortening of working hours, for workers who take care of a child
between one year and three years of age; or measures such as shortening of working
hours for workers who take care of a family member in a condition requiring constant care. |
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| (d) |
Application of employment insurance
An employer shall carry out the necessary application procedure
for part-time workers who are eligible to receive employment
insurance as provided by the Employment Insurance Law. |
| (e) |
Promotion of part-time labor for older persons
An employer shall endeavor to provide appropriate employment
for older persons who desire part-time work. |
| (f) |
Provision of opportunity to apply for full-time work, and
related matters
When recruiting regular workers, an employer shall endeavor
to make the fact that said recruitment is to take place and
the contents of said recruitment known in advance to part-time
workers who are presently engaged in the same duties, and to
preferentially provide an opportunity to apply for the said
recruitment to the said part-time workers who desire to be employed
as regular workers. |
| (g) |
Preparation of conditions for the transfer to regular workers
Employers, in case the needs of part-time workers who wish and
have ability to transfer to regular workers are commensurate
with the needs of employers, should make efforts to introduce
the system to make the transfer possible in accordance with
the actual situations of the said workplace and prepare necessary
conditions, etc. for the transfer. |
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| (3) |
Implementation of Measures concerning the treatment according to
duty, will, ability, experience, performance, etc.
Employers should make efforts to implement the measures concerning
the treatment of part-time workers in accordance with their duty,
will, ability, experience, performance, etc. |
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| (4) |
Treatment of Part-Time Workers Whose Prescribed Working Hours Are
Nearly the Same as Those of Regular Employees
With respect to a part-time worker whose working conditions or other
treatment differ from those of regular workers even though their prescribed
working hours and employment situation are nearly the same, an employer
shall endeavor to treat the worker appropriately as a regular worker. |
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| (5) |
Implementation of Measures measures for promoting the discussion
between workers and employers |
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| (a) |
Employers, in case the request for explanation on the treatment
of part-time workers was submitted from those workers after
their employment, should make efforts to provide explanation
in accordance with the request. |
| (b) |
Employers, in implementing the measures for improving employment
management, etc., taking into consideration of the actual working
conditions of part-time workers and balance with the regular
workers, etc., should make efforts to provide appropriate venues
for listening to the opinions of part-time workers such as provision
of sufficient opportunities for discussion between workers and
employers concerned at the said workplace. |
| (c) |
Employers, when they received complaints from part-time workers
on the treatment which takes into consideration of the actual
working conditions and balance with regular workers, should
make efforts to voluntarily solve the problems by utilizing
a system at the said workplace to cope with the complains, etc. |
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| (6) |
Appointment, Etc., of an Employment Manager for Part-time Workers |
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| (a) |
Appointment of an employment manager for part-time workers
An employer shall endeavor to appoint an employment manager
for part-time workers for each workplace where it regularly
employs ten or more part-time workers, and to place said manager
in charge of the following duties: |
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| i) |
studying and implementing the necessary measures, based
on the employer's instructions, with regard to matters
concerning the improvement, etc., of employment management
of part-time workers including the matters shown in these
guidelines; and |
| ii) |
responding to consultations by part-time workers concerning
their working conditions and related matters. |
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| (b) |
Making the name of the part-time-employment manager known
When an employer has appointed an employment manager for part-time
workers, the employer shall endeavor to make the name of said
manager known to the part-time workers in its employ by such
means as displaying the said name in a place where it is easily
visible in the workplace. |
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Attached Table
for3 (1) (d)
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