When companies make changes in their work rules or rules on wages or childcare and nursing care leave, they are required to file the changes with the labor standards office. This article answers some of the frequently asked questions about the procedure of changing work rules.
[1] Opinion hearing after changing the work rules
When a company with at least ten employees revised the work rules, it is required to hear opinions of a person representing the majority of all the employees, including part-timers and other non-regular workers, (hereinafter, “the majority representative”) and submit the revision to the jurisdictional labor standards office.
The company has to hear the majority representative’s opinion, but it is not required to obtain an agreement. Even if the majority representative stated an objective opinion, the company may go on to submit the revised work rules. The important thing is to understand employees’ opinions when changing the work rules as required by the law.
In the case the company makes changes disadvantageous to the workers, e.g. lowering wages, the company must follow an appropriate process to obtain the workers’ agreement. For detailed procedure, please ask a certified HR consultant or other specialists.
[2] Opinion hearing on part-timers’ work rules
If a company has separate work rules for regular employees and part-timers, it is also required to hear the majority representative’s opinion when the part-timers’ work rules are revised and submitted to the labor standards office. The majority representative does not have to be a part-timer. The person does not have to represent the majority of part-timers either, but it is desirable to hear an opinion of a person representing the majority of part-timers.
[3] Selection of the majority representative
The majority representative must be a person who satisfies the following conditions.
1. A person who is not in a managerial or supervisory position set forth in Article 41-2 of the Labor Standards Act.
2. A person selected by methods such as voting or a show of hands after clarifying an intention to select a person from whom opinions are collected when the work rules are revised.
When a majority representative is selected, managers and non-regular employees, such as part-timers, should be included in the number of employees. Please note that the person does not represent the majority of regular employees.
If the majority representative was not selected in an appropriate process, the revised work rules may be considered invalid or the company may face other problems. Please make sure the majority representative is selected through an appropriate method.
Reference
“Please obtain a written agreement with a labor union formed by the majority of workers or with a person representing the majority of workers in signing the 36 Agreement.” Ministry of Health, Labour and Welfare (Japanese only)
https://www.mhlw.go.jp/file/06-Seisakujouhou-11200000-Roudoukijunkyoku/0000187490.pdf
*The information is based on laws and regulations as of the date this article was written.
