In September, the Labour Ministry published a leaflet to promote correct understanding of working hours. This article looks into this leaflet and key points to appropriate working hour management.
[1] Working hour management in violation of the Labor Standards Act
The leaflet mostly explains major points in the “Guidelines on the measures to be taken by employers for correct understanding of working hours.” In particular, it stresses that the treatment of fractions of hours as the examples below constitute a violation of the Labor Standards Act.
(1) Working hours are rounded down by an attendance management system’s fraction treatment function
(2) Request for overtime is accepted only when it exceeds certain levels
(3) Work before the opening time is not counted as working hours
Regarding “(1) Working hours are rounded down by an attendance management system’s fraction treatment function,” the leaflet shows cases where a portion of overtime work less than 15 minutes was rounded down according to the attendance management system’s setting. Please check the setting of your company’s attendance management system and make changes as needed.
[2] Key points to managing working hours
For appropriate work hour management, it is essential to define “working hours” accurately. Working hours mean the period during which workers are under the supervision and orders of their employers. During working hours, workers engage in duties by explicit or implicit orders by their employers.
For instance, workers may arrive in office early to avoid morning rush hours. If workers did not perform any duty or receive any order to work until the start of the business day, the period should not be included in working hours. If they did any work before the start of business day, they may be considered to have received implicit order from the company. To avoid misunderstanding, companies should instruct employees to start work at the designated time, unless necessary. This is important to avoid instruction from labor authorities later.
Troubles relating to work hours are common. If you have any problem in managing work hours, please contact us.
[Reference]
The Labour Ministry, “To understand work hours and pay wages appropriately”
001310369.phttps://www.mhlw.go.jp/content/11200000/001310369.pdf
“Guidelines on the measures to be taken by employers for correct understanding of working hours”
https://www.mhlw.go.jp/file/06-Seisakujouhou-11200000-Roudoukijunkyoku/0000187488.pdf
