Changes
1. Abolishment of signatures and seals
Signatures and seals will no longer be required in the written notice of the Labor-Management Overtime Agreement (so-called “the 36 Agreement”) submitted to the Labor Standards Office. However, if the document also serves as the Agreement Form, signatures and seals are required as before.
2. Proper appointment of a representative of employees
To ensure that the representative of employees has been appointed in an appropriate manner, the new form contains two additional check items, concerning the method of choosing the representative.
For details, please refer to the sample of the new form in the Labor Ministry’s website.
Important points regarding the appointment of a representative of employees
1. There are conditions for serving as a representative of a majority of employees
Employees in a managerial position set forth in Article 41-2 of the Labor Standards Act cannot represent employees.
A representative may be chosen by any method, e.g., voting, showing of hands, discussions or approvals in writing, as long as it is a democratic method that clearly shows a majority of the employees supported the decision. It is also essential to involve all the employees, including temporary or dispatched workers, in the process.
2. Appropriate procedure for appointing a representative of a majority of employees
- If the representative was appointed by the employer, or if the appointment was influenced by the employer’s intention, the agreement is considered invalid.
- In general, “employees in a managerial position” refers to workers who are in an integral position with the management in the decision-making on labor conditions or other labor management matters, such as the head of a department or factory managers.
Please avoid appointing a person who might be considered to be in such position as the representative of employees.
For more details, please check the Labour Ministry website. (Japanese only)
