This article reports that the Ministry of Health, Labour and Welfare has created a leaflet summarizing points to note regarding labor contract establishment timing, leave allowance, wages and working hours in "spot work" (short-term, one-off employment), and has requested relevant organizations to disseminate this information.
Key Points
Definition and Scope of Spot Work
- Defined as working under employment contracts involving short-term, one-off labor
- Targets work involving matching and wage advance payment through apps provided by employment intermediary businesses
- Labor contracts (direct employment relationships between workers and businesses) are fundamental
- Cases of delegation contracts or contracting are outside the scope
Timing of Labor Contract Establishment
- Labor contracts are established when workers and employers agree on labor conditions
- Merely registering on a matching app does not establish a labor contract
- A contract is established when a worker "accepts" work through the app
- Labor laws apply from the point when the labor contract is established
Leave Allowance Payment Obligations
- If work is cancelled due to reasons attributable to the employer, leave allowance must be paid
- At least 60% of average wages must be paid (Article 26 of the Labor Standards Act)
- Cancellations due to lack of materials or equipment shortage fall under employer responsibility
- Advance notice obligations and compensation responsibilities when cancelling
Wage Payment Principles
- Wages must be paid in full on the designated payment date
- The full payment principle prohibits unilateral deductions from wages
- System usage fees and other expenses cannot be deducted without worker consent
- Obligation to pay at least the minimum wage
Working Hours Management
- Accurate recording and management of actual working hours is required
- Working time from arrival at the workplace to departure must be properly recorded
- Preparation and cleanup time may also constitute working hours
- Overtime and holiday work premiums must be calculated and paid according to law
Ensuring Occupational Safety and Health
- Employers have obligations to consider worker safety
- Safety education must be provided when hiring
- Industrial accident insurance (workers' compensation) applies
- Health management measures must be implemented according to working conditions
Protection of Workers' Rights
- Information must be provided about working conditions, including through electronic methods
- Consultation systems must be established to handle questions and complaints
- Prohibition of disadvantageous treatment for refusing certain work
- Need to comply with the Labor Standards Act and related laws and regulations
The article demonstrates efforts by the Ministry of Health, Labour and Welfare to ensure proper working conditions as new forms of employment like spot work become more prevalent.