Japan Business Law: Duty to Publicize Work Regulations
Question
A company works in the construction industry.
At one factory, the supervisor noticed someone violated the rules. The person in question objects claimed that they had not seen the work regulations, and thus were unaware of disciplinary measures.
The company’s work regulations can be viewed through their home page.
Does this mean that they have satisfied their duty to publicize these regulations?
Answer
Even if the work regulations are publicized on a company’s home page, each worker must have the equipment necessary to view the content.
Supervisors can be equipped with the corresponding equipment to address the employee’s needs.
However, the method for viewing this information must be communicated to employees in advance.
Each Workplace has a Duty to Publicize this Information
Let’s first confirm the details for publicizing work regulations.
The administrator (executive) is obligated to inform workers about the basics of labor standards laws, work regulations, labor agreements based on labor standards laws, and resolutions from the labor-management committee by displaying such information in a visible area where work regularly takes place, or through other methods (Labor Standards Act Article 106).
According to the provisions, publication of information should be in each “workstation” not each “workplace.”
Though this may be somewhat confusing, “workstations” are interpreted as “each location where closely related work is performed within a workplace. (5/4/1949, Item 535)
For construction sites, “there are on-site workstations with supervision based around the nearest superior, except in instances where the labor supervision is carried out in a consolidated way” (3/31/1999, Item 168). Furthermore, in regards to small factory sites (locations outside of “workplaces”), the duty to inform workers at each workstation falls on the office of the nearest superior (such as the business office).
Is there a set method of publication?
The Labor Standard Act Enforcement Regulations establish the following publication methods. (Article52-2)
(1) Display or installation in a constantly visible location.
(2) Issuing of written documents.
(3) Recording of regulations on a magnetic disc or other such device, and installation an equipment in each workstation to allow employees to check regulations at any time.
In this case, the regulations are viewable through the company home page. According to interpretation of the regulations, the following conditions are required.
“Install a computer in the workstation, give employees permission to operate the device, and inform employees of the operation method (1/29/1999, Item 45).
In other words, you are required to clearly provide the necessary information for employees to view the regulations, including communication of passwords, etc.
In regards to display of work regulations, these methods are understood to be valid in instances that workers file a claim (3/31/1999, Item 169). As such, in addition to telling employees to view regulations through a smartphone or tablet, the company should provide portable devices to be carried by supervising staff and HR personnel.
In regards to work regulations, it is stipulated that by providing an appropriate system for publication, the content in the work contract is dependent on the terms set through these work regulations, regardless of whether the employee reads them (Labor Contract Act Article 7).
As such, you should first confirm that your company’s publication method fulfills the requirements in the Labor Standards Act Implementation Provisions.