This article covers a leaflet created by the Ministry of Health, Labour and Welfare for employers, summarizing important points regarding labor management when utilizing spot work (short-term, one-time employment).
Key Points
Important Considerations When Concluding Labor Contracts
- In spot work, employers and spot workers directly conclude labor contracts, and the obligation to comply with the Labor Standards Act falls on the employer
- When recruiting through apps on a first-come-first-served basis without interviews, the labor contract is generally considered to be established at the time of application
- Contract cancellation after the labor contract is established must be based on reasonable grounds and the principle of equal standing between labor and management
- Issuing labor condition notification is the employer's obligation, and even when an intermediary handles it, content verification is necessary
Obligation to Pay Wages During Work Suspension
- When work is suspended due to employer circumstances after the labor contract is established, suspension allowance payment is required under Article 26 of the Labor Standards Act
- For full-day suspension or early dismissal, suspension allowance must be paid by the designated payment date
- It is also possible to pay the full promised wages instead of suspension allowance
- In cases of suspension due to employer's intent or negligence, full wage payment is required under Article 536, Paragraph 2 of the Civil Code
Regulations on Working Hours and Wages
- Time spent changing into designated uniforms and preparation/cleanup activities are also considered working hours
- Standby time under employer's instructions is also working time requiring wage payment
- Unilateral reduction of wages shown in the labor condition notification violates the Labor Standards Act
- When actual working hours differ from planned, it is necessary to promptly confirm and finalize the working hours
Other Employer Responsibilities
- Workers' compensation insurance for spot workers is provided based on the insurance relationship of the employment workplace
- Industrial accident prevention measures such as safety and health education at hiring under the Industrial Safety and Health Act are required
- There is an obligation to implement measures to prevent harassment such as power harassment and sexual harassment
- Consultation services are available at Labor Standards Inspection Offices (wages/working hours) and General Labor Consultation Corners (harassment)
The article emphasizes the importance of employers complying with laws such as the Labor Standards Act and conducting proper labor management to prevent labor troubles as spot work usage rapidly increases.