This article covers a leaflet created by the Ministry of Health, Labour and Welfare for spot workers, explaining important points and workers' rights when engaging in spot work (short-term, one-time employment).
Key Points
Confirmation Items When Concluding Labor Contracts
- Always confirm specific details of working conditions (workplace, job content, working hours, employment type, etc.) before applying
- You have the right to receive a labor condition notification from the start of the labor contract until work begins
- Confirm who the employer is through the labor condition notification and understand that you are concluding a labor contract with the employer, not the intermediary
- It is necessary to confirm the existence, content, and deadlines of provisions regarding contract cancellation
Right to Receive Suspension Allowance
- When work is stopped or you are sent home early due to employer circumstances after the labor contract is established, you have the right to receive suspension allowance
- You can receive at least 60% of your average wage as suspension allowance by the designated payment date
- In cases of suspension due to employer's intent or negligence, you can request full wage payment under Article 536, Paragraph 2 of the Civil Code
- If the full promised wage is paid, it is considered as payment in lieu of suspension allowance
Rights Regarding Working Hours and Wages
- Time spent changing into designated uniforms and preparation/cleanup activities generate wages as working hours
- Standby time under employer's instructions is also considered working time and subject to wage payment
- Unilateral reduction of wages shown in the labor condition notification violates the Labor Standards Act, and you can request payment
- When actual working hours differ from planned, you need to report to the employer and seek approval
Other Workers' Rights and Important Points
- Injuries during commuting or work can be claimed under workers' compensation insurance (first contact the employer)
- Employers have an obligation to provide safety and health education under the Industrial Safety and Health Act, and you have the right to receive such education
- If you experience power harassment, sexual harassment, or other forms of harassment, you can consult the General Labor Consultation Corner
- Same-day payment services are agreements with intermediaries, and the employer's wage payment obligation remains on the designated payment date stated in the labor condition notification
The article demonstrates the importance of spot workers understanding their rights as workers and acquiring necessary knowledge to avoid troubles.