Labor management and welfare programs for insurance agencies are lagging behind those of general companies for insurance agents
.
Article 36 of the Labor Standards Act
stipulates the content of overtime work and work on holidays.
This labor-management agreement is called the 36 agreement because it is possible to make overtime work by concluding an agreement based on this article .
In order to order workers to work overtime and on holidays, it is necessary to conclude a 36 agreement and to include a mandatory provision for overtime work in either the labor agreement, the rules of employment, or the labor contract.
In addition, overtime and holiday work must not exceed the “upper limit of extended hours” stipulated in the agreement .
Workers who are ordered to work overtime and on holidays are, in principle, all employees excluding executives, including
managers, part-time workers, and part-time workers.
However, since the Article 36 Agreement does not apply to workers under the age of 18, they
cannot be made to work overtime.
□ Estimated overtime hours are 45 hours a month, 360 hours a year
Regarding the 36 agreement, it is necessary to agree on “extended hours for a certain period”, but the
guideline (Ministry of Labor Notification No. 72 of 1992) is shown regarding this.
The approximate time for the guidelines is as follows.
○ When a certain period of time is measured in units of weeks or months
1 week 15 hours 2 weeks 27 hours
4 weeks 45 hours 1 month 45 hours
2 months 81 hours 3 months 120 hours
1 year 360 hours
Flextime system
1. What is the flextime system?
This is a system that allows employees to decide when to come to and from work
.
If it is stipulated in the rules of employment and under a labor-management agreement,
the company
can arbitrarily decide which departments and occupations to be covered, and set flexible hours and core hours.
2. Flextime system
(1) Creating a positive attitude toward work
(2) Enrichment of private and work
(3) Efficient use of working hours
and other benefits.
3. Points to note when introducing
(1) Select appropriate departments and occupations as targets of the system
(2) Must be a labor-management agreement as stipulated in the employment regulations
(3) You will be required to settle the difference between the number of hours you are required to work and the number of hours you actually worked .
<Regarding the settlement of working hours>
・In the flextime system, it is required to balance the number of hours required to work and the number of hours actually worked .
・The settlement period is limited to one month, and settlement will be made
for .
・Work hours are calculated based on standard hours. If, as a result of the calculation, the actual working hours are exceeded, overtime wages must be paid
within that month .
・On the other hand, if there is a shortage, you can handle it within the month, or you can carry it over to the next month
to eliminate the shortage.
・As a method of processing the shortfall, the number of hours
(1) Cut salary
(2) Impact on bonus assessment
(3) exempt all
There are three possible ways.
There is no legal problem with either method.
□ Discretionary labor system
1. Discretionary labor system is a new form of labor management that emphasizes results
Under the labor-management agreement, it is stipulated that the method of performing work and the allocation of time are left to the discretion of the individual
, and when calculating working hours,
it is assumed .
2.
There are some tasks that are more productive if you leave it up to the individual to decide how to carry out the work and how to use their time .
The law stipulates the types of work to which the discretionary labor system applies.
3. When introducing the discretionary labor system
(1) Properly follow the procedures under the labor-management agreement
(2) Peripheral systems such as performance evaluation system and salary system are in place.
(3) It is important to have a management system in place that allows superiors to understand exactly where employees are and what they are doing .
Agencies mainly consisting of sales staff are not subject to discretionary labor.
However, if the scale of the organization expands in the future and planning work related to business management
is , it may be possible to be covered.
<Applicable business>
R&D work Producer/Director work Information processing system work
Professional services such as certified public accountants and lawyers Designer services
Planning work related to business management
<Points to note>
(1) Discretionary labor procedures (target work and working hours are stipulated in labor-management agreements)
(2) Development of a performance evaluation system (development of an evaluation system and salary system according to ability and performance is necessary)
(3) Establishment of an employee management system ( need a system that enables superiors to manage where and what employees are doing )
Types of holidays
1. There are many types of holidays.
In addition to regular weekly holidays (so-called weekly holidays), there are Sundays and Saturdays
, which are two days off per week, as well as national holidays, year-end and New Year holidays, and holidays set independently by the company (foundation anniversary, etc.). 2. The one day off per week specified by law is called a statutory holiday, and Saturdays and national called non-statutory holidays. 3. The big difference between “compensatory holiday” and “substitute” is whether the holiday is declared in advance or after the fact .
If you have designated another day as a holiday in advance, it will be “substitute”, and
if you make another day off after working on a holiday, it will be “compensatory holiday”.
<In terms of how to proceed with work and in terms of cost, let employees take “transfer” instead of “compensatory leave”>
・ Compensatory leave is when an
employee receives a request such as, ”I went to work on Sunday because I was busy. In exchange, I would like you to take the next Friday off.” Due to the fact that I worked on a holiday called Sunday, even if I need to pay extra wages for holiday work.
(Example) If a person who works for a daily wage of 10,000 yen
goes to work on Sunday, which is a holiday (when the premium is 35%), the wage will be
10,000 yen + 3,500 yen = 13,500 yen
becomes.
If you take Friday off instead, 10,000 yen will be offset
, but 3,500 yen will remain and you will need to pay this extra wage
.
・On the other hand, in the case of transfer, the work day and holiday are simply switched, and
the problem of extra wages does not occur.
However, it is a requirement to specify the holidays to be substituted in advance.
・It is cost-effective to prevent unexpected work on holidays by proceeding with work in a planned manner . (For details, please consult a social insurance labor consultant.)
Holidays and vacations
What is a holiday
It refers to one day off a week (statutory holiday) that must be taken off by law, and Saturdays and holidays (non-statutory holiday) if Saturdays and Sundays are off in a two-day
work week .
(All regulations regarding holidays such as the Labor Standards Act
apply only to statutory holidays.)
What is vacation
Vacations are officially called “annual paid vacations”.
Literally, it is a vacation in which wages are not deducted and payment is
guaranteed even if the vacation is taken.
□ About social insurance and labor insurance
Social insurance includes health insurance and welfare annuity insurance, and labor
insurance includes worker’s compensation insurance and employment insurance.
These four insurance systems are collectively known as the social insurance system.
Health insurance
provides benefits for insured accidents such as illness, injury, absence from work, childbirth, and death due to reasons other than work or commuting.
On the other hand, Workers Compensation Insurance provides benefits for sickness or injury that occurs at work or while commuting.
Employees’ Pension Insurance provides long-term insurance benefits centered on pension benefits in the event of an insured event such as old age, disability, or death .
Employment insurance provides necessary benefits when an employee becomes unemployed.
□ Those eligible for the above insurance
Officers are covered by health insurance and welfare pension insurance, but as a general rule are not eligible
for .
Industrial accident insurance and unemployment insurance are positioned as systems for those who are employed and work
.
However, presidents of SMEs
have the same risk of being involved in accidents and disasters as ordinary
employees In some cases, you may be able to enroll in workers’ compensation insurance.
□ Entrusted employees and temporary employees
In the case of a delegation-type employee, expressions such as “retirement” and “dismissal” are not used
because .
It is expressed as “termination of the mandate agreement”. Similarly, a temporary worker also says “end of the temporary worker contract”.
If you want to cancel the delegation contract on the way during the contract period, it is necessary to state in
advance .
□ Dismissal
A company has both profitable departments (or employees) and unprofitable departments
(or employees) who are lagging behind.
In today’s tough business environment, we have no choice but to focus on profitable departments.
In an era when business performance was on the rise, we could have absorbed some surplus personnel, but this is unacceptable
today.
Unavoidably, there may be situations in which it is necessary to try to survive by means of dismissal.
If the company goes bankrupt, it will ruin the lives of many employees.
However, just because bankruptcy is the worst possible situation, restructuring is not permissible
.
Dismissal or employment adjustment is only a last resort. First of all, the manager
himself must reflect and take responsibility.
Every effort should be made by both employers and workers to avoid last resort.
□ Subsidy system
When it comes to subsidies, the procedures are complicated and cumbersome, so corporate agency managers were often indifferent or
unaware of their existence.
However, in the prolonged recession, subsidies that do not need to be repaid by companies are attractive and attracting
more .
The rapidly aging society and the sharp decline in the number of young workers are
pushing the hiring of older people and women.
In response to the collapse of the seniority-based salary system, which has also spread to small and medium-sized enterprises,
the construction of a salary system according to ability and results is based on the premise of effective utilization and active education of human resources.
The national and local governments are preparing subsidies for companies that promote these.
Among corporate agencies, there
are cases where they have obtained the “SME Employment Creation Personnel Securing Subsidy” and the “SME Securing Advanced Human Resources Subsidy”.
However, there are
various
. , “Which system is applied to our company (store)?
”
First, knowing more information systematically
can help you win multiple grants if the conditions are right.
In addition, as the track record of obtaining subsidies accumulates, creditworthiness increases, and there is
also .
Information must be “up to date”.
This is because the name, contents and conditions of the system are frequently changed.
You can check the type of system and the latest information on the Internet, but if it is your
first time to use the subsidy system or you do not have enough time, you
can also use a professional consultant such as a social worker. That’s one way.
□ Childcare/nursing care leave system
This is a system of leave that is mandated by the Child Care and Family Care Leave Act so that employees can take temporary leave for childcare or nursing care and then continue working .
In the case of childcare leave, the request must be made at least one month in advance, and the leave is a continuous period until the child reaches the first birthday .
On the other hand, applications for family care leave must be made two weeks in advance, and the period is limited to three months.
Wages and bonuses during leave are not legally stipulated and are voluntary matters.
Most cases seem to be unpaid, but
it is necessary to stipulate in advance that it is unpaid.
□ Subsidies for childcare and nursing care
The following subsidies and
incentives have been established for business owners who support employees in balancing work and childcare/nursing care.
☆ Subsidy for childcare/nursing care expenses
(When a worker uses services necessary for childcare or family caregiving,
a certain percentage of the cost is subsidized for the business owner who bears the cost.)
☆ Incentives for implementation of a return-to-work program
for employees taking childcare or nursing care
leave (paid to employers who implement return-to-work
programs )
☆ Subsidies for securing replacement personnel for childcare leave ( provided to employers who have secured replacement personnel for those who have taken
childcare leave, on the premise that those who have taken childcare leave will return to their original job after childcare leave ends )