With the amendments to the childcare and caregiver leave law implemented from April 2022, companies will have to revise their work rules and submit them to the Labor Standards Inspection Office in the coming months. This article covers frequently asked points regarding the necessary procedure for revising work rules.
[1] Employee hearing on the revisions of work rules
If a company with ten or more employees revised the work rules, it is required to hold a hearing with a representative of the majority of employees, including part-timers and other non-regular workers (hereinafter, “the majority representative,”) and submit the revision to the jurisdictional Labor Standards Inspection Office.
Although companies are obliged to hear employees’ opinions, they do not have to obtain employees’ consent on the revision of the work rules. In submitting the revised work rules, simply attach the majority representative's written statement, such as “No objection” or “We desire improvements in the revision of XX.”
Even if the majority representative’s statement contains objections, the revised work rules will be accepted. The requirement is to follow the process of listening to the employees’ opinion when the work rules are revised.
Meanwhile, if the company made changes disadvantageous to the employees, for example, lowering wages, the company must duly follow a separate procedure to reach a labor-management agreement. For further details, please consult a certified social and labor insurance consultant or other experts.
[2] Employee hearing on the revisions of work rules for part-timers
Similarly, companies using separate work rules to part-time employees are required to hold a hearing with a representative of the majority of employees when revising the rules. The representative does not have to be a part-timer or represent the majority of part-timers, but companies are advised to hear opinions of a person representing a majority of part-timers.
[3] Selection of a majority representative
The majority representative must satisfy all of the following conditions;
1. A person who is not in the managerial or supervisory position set forth in the Article 41 (2) of the Labor Standards Act.
2. A person selected by such methods as voting or a show of hands by clarifying that the company will seek opinions from the representative when the work rules are revised.
In selecting a representative of the majority of employees, managers and non-regular employees, such as part-timers, must be included in the total figure. It is not a representative of regular employees.
If a representative is not selected appropriately, it could lead to a trouble, such as revised work rules becoming invalid. Please pay attention to above points in appointing a representative.
* The content is based on laws and regulations as of the creation of this article.
