On Feb. 13, a Labor Policy Council sub-committee submitted to the labor ministry a report with suggestions for a bill to revise the labor standards law. The revision, which the ministry plans to submit to the next regular Diet session, applies to the work of skilled white collar professionals and will allow them to “work in a manner that demonstrates their achievements” more effectively, which is another way of saying that employers will no longer be required to pay these workers overtime for extra hours on the job, which in turn means that employers cannot be accused of pressuring them to work overtime for no pay, a system popularly known as saabisu zangyo, or “free overtime.”
Ostensibly, the revision will affect a small portion of the labor force, since it will only apply to workers who make at least ¥10.75 million a year, mainly foreign currency traders, financial analysts, consultants, etc.
According to the advisory panel’s recommendations, if a company wants to utilize this new overtime system, it must reach an agreement with the targeted workers and somehow introduce rules that will guarantee the employees avoid overwork as much as possible by, for instance, making sure they don’t work weekends.
The panel also recommends another revision to so-called sairyo rodosei, the “discretionary labor system.” Under to this system the worker and his employer decide together how many hours the former will work and how much pay he will receive based on those hours. If the two parties believe that in order to accomplish his tasks he may occasionally need to work longer hours, then those hours and appropriate compensation should be incorporated beforehand into his wages. But if the worker works even more hours than the overtime covered by the extra wage, he will not be paid extra in accordance with the new system, though there may be special conditions for after-midnight and weekend work.
This system targets sales agents, researchers, legal workers — people who tend to require flexible hours since the size of their work load varies in accordance with the nature of a specific project. The whole point, according to the labor ministry, is to peg pay to achievement.
An report in Tokyo Shimbun points out that there is more to the proposed bill than the two revised overtime systems. The ostensible purpose of the revisions is to prevent “overwork,” so the sub-committee also recommends a law guaranteeing a minimum number of paid vacation days a year, even for management employees; and that overtime rates be increased for employees of small and medium-sized companies to those already being paid by large companies.
With regards to workers on flextime systems, overtime should be paid for any hours that exceed 50 in a week, and employees with small children should be better able to set their hours in order to address parenting contingencies.