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Japanese Companies That Fine Workers For Taking Sick Days

 
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Black_Beer_Man



Joined: 26 Mar 2013
Posts: 453
Location: Yokohama

PostPosted: Mon Feb 13, 2017 2:41 pm    Post subject: Japanese Companies That Fine Workers For Taking Sick Days Reply with quote

Would you believe that it's possible for your employer in Japan to actually make you pay a fine for staying home to take care of yourself when you're sick?

Well, that's what some employers are doing. Workers in this country are often viewed as wealth producers. Machines. Not people. You should come into work with influenza and make your coworkers sick too.

And worse still is the fact that Japanese labor laws allow employers to penalize you financially if you don't show up at work half dead.

It's all here in this article from Japan Today. https://www.japantoday.com/category/kuchikomi/view/worsening-labor-shortage-taking-toll-on-sick-workers
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Miura Anjin



Joined: 20 Aug 2014
Posts: 40
Location: Japan

PostPosted: Tue Feb 14, 2017 12:09 am    Post subject: Reply with quote

This is quite common among the eikaiwa chain schools too. The contracts are structured in such a way that if you miss a day of work for sickness (whether your own or your child's, for example), you lose a chunk of your salary.

The very helpful advice given by management was "don't get sick".
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taikibansei



Joined: 14 Sep 2004
Posts: 811
Location: Japan

PostPosted: Tue Feb 14, 2017 5:46 am    Post subject: Reply with quote

Hmm...I do believe that at most part-time jobs in most countries in the world, one normally gets docked for not coming in to work. If you don't show up one day for that part-time clerk job at Walmart because you're sick, you won't get paid for that day. On the other hand, full-time workers (or at least those who have accrued sick pay) usually don't get docked for taking a sick day--again, in most countries in the world (including Japan).

That said, the employee protections in Japan are actually far stronger than, say, the US. Ironically, the article itself gives an example of this:

Quote:
“In the event that the rules of employment provide for a decrease in wages as a sanction against a worker, the amount of decrease for a single occasion shall not exceed 50% of the daily average wage, and the total amount of decrease shall not exceed 10% of the total wages for a single pay period.”


In other words, even if you miss a full day as a part-time worker, your employer cannot dock you for the full day. They must still pay you 50% of the missed day. When confronted about this, the employer responded as follows:

Quote:
Based on this, the parent company determined that its franchise’s action was in violation of the law, and instructed it to compensate the worker for the difference. A spokesperson for the company apologized for the error, which occurred due to the franchiser’s “ignorance of the laws.”


Try getting that in the US.....

Regarding rogue eikaiwas (and the more disreputable ALT contractors), what they are doing is often illegal...but they continue to do it because: 1) their foreign employees don't know the laws (and so allow them to get away with it), or 2) their foreign employees lack the time/money/Japanese language ability to take these bad employers to court.
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kzjohn



Joined: 30 Apr 2014
Posts: 277

PostPosted: Tue Feb 14, 2017 11:57 am    Post subject: Reply with quote

My small uni doesn't have "sick" days, only paid leave (有給休暇)--20 days/yr. They frown on taking holiday when you'd then miss class time, but allow it if it is important. (E.g., I was in hospital a while back, took all my leave and then some. Personnel bent over backwards trying to make all my time off look 'legal') They had other teachers cover my classes, tho those teachers relayed some data to me and I did the final grades.

My wife, OTOH, at a public school can take leave whenever she wants, and nobody can frown, "suck air", or anything.

One of our daughters works for Fujifilm in a technical position, & her husband is there, too, tho in a very different section. For the past few years, they've taken all their paid leave to travel. No penalties.

Also, she's now pregnant, due in late May. She's getting seven weeks off before the estimated date, and eight weeks after. That's paid leave, fully paid (tho it'll affect her summer bonus). She intends to stay off work, maybe till april 2018, and will return to work then. Try that in america.

One minor complaint with my uni is that they don't pay for unused leave--many US companies do (from what I hear). If you don't use it, you lose it.

But they do work-to-rule, and this is important for the office staff. If they work extra hours, or a weekend day, they either get 代休 (school prefers that), or they get paid. Same thing applies to faculty.
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Black_Beer_Man



Joined: 26 Mar 2013
Posts: 453
Location: Yokohama

PostPosted: Tue Feb 14, 2017 12:05 pm    Post subject: Reply with quote

taikibansei wrote:


Quote:
“In the event that the rules of employment provide for a decrease in wages as a sanction against a worker, the amount of decrease for a single occasion shall not exceed 50% of the daily average wage, and the total amount of decrease shall not exceed 10% of the total wages for a single pay period.”


In other words, even if you miss a full day as a part-time worker, your employer cannot dock you for the full day. They must still pay you 50% of the missed day. When confronted about this, the employer responded as follows:
.


That appears not to be the case. The key word here is "sanction" (which means punishment). This is an additional deduction on top of the lost day of wages.

Part-time employees in Japan and in North America don't have paid sick days.
But, I know of no employers in North America that take off additional money (in addition to the lost wages of the sick day). If any employers did that, there would be a lot more employees "going postal" on the boss. Very Happy
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taikibansei



Joined: 14 Sep 2004
Posts: 811
Location: Japan

PostPosted: Tue Feb 14, 2017 1:35 pm    Post subject: Reply with quote

Black_Beer_Man wrote:

That appears not to be the case. The key word here is "sanction" (which means punishment). This is an additional deduction on top of the lost day of wages.


It looks like you were right that the store attempted to fine her. My apologies for the misread.

The link you shared was a partial translation of a Japanese original. Here's a more complete version:

http://biz-journal.jp/2017/02/post_17935.html

Your link leaves out stuff like this:

Quote:
これに対し、弁護士法人ALG&Associates執行役の山岸純弁護士は、バイトを休んだ場合に給料を引く行為自体が違法だと語る。

「労働基準法では『雇用者は、労働者のミスなどについて、違約金(世間でいうところの罰金)を定めてはならない』と規定していますので、勝手に違約金を定めることは違法です。バイトを風邪で休んだことを理由に、『ペナルティ』としてバイト代から天引きすることは、『労働者には給料を全額払わなければならない』と規定する労働基準法24条に違反し、30万円以下の罰金が科せられるほどの犯罪です。しかしながら、実際には罰金までには至らず、労働基準監督署からキツイお叱りがなされる程度です」

 セブン-イレブン・ジャパンに、今回の問題についての対応を聞いた。

「法令違反に該当しますので、加盟店に返金を指示いたしました。この度はお騒がせしており、申し訳ございません。加盟店の認識不足とはいえ、今後、フランチャイズ本部として、加盟店の法令順守を一層徹底してまいります」


In other words, the English link did not include a translation of the extended discussion of the legalities. Per the above, the whole concept of fining people for missing work due to illness is illegal in Japan, with any company doing this subject to heavy fines. Per the above, the store has recognized that it acted illegally, publicly apologized, and will return all money. The store has also promised never to do such a thing again.

This article here goes into even more detail:

http://bylines.news.yahoo.co.jp/konnoharuki/20170203-00067317/

Quote:
(1)給与天引きは違法

大原則として、罰金の理由や金額を問わず、給与から罰金を天引きすることは違法である。労働基準法24条1項は、「賃金は、通貨で、直接労働者に、その全額を支払わなければならない」と定めている。

会社は賃金を全額支払う義務があるため、給与から罰金を控除することは、いかなる場合にも認められない。逆に、この原則を破って給与から罰金を天引きした場合、使用者は刑事罰を受ける可能性がある。


In other words, the store acted illegally as such fines are not legal in Japan--employers have a legal duty to pay the full amount for all hours worked, and any employer who doesn't do this can face criminal prosecution. Accordingly, the store returned all the money to the girl with a public apology.

So, it would appear that these types of fines are illegal in Japan as well.


Last edited by taikibansei on Tue Feb 14, 2017 8:11 pm; edited 1 time in total
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Tue Feb 14, 2017 8:07 pm    Post subject: Reply with quote

At least one online school, VIP kids, does the same. If you miss a day you don't get paid, obviously, but you also pay the same amount you would have earned as a fine for being sick. Was actually thinking about applying till I found out about that. I don't mind being docked (though the company I work for actually gives sick days) but to have PAY to be sick. Nope, not doing that.
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taikibansei



Joined: 14 Sep 2004
Posts: 811
Location: Japan

PostPosted: Tue Feb 14, 2017 10:19 pm    Post subject: Reply with quote

BadBeagleBad wrote:
At least one online school, VIP kids, does the same. If you miss a day you don't get paid, obviously, but you also pay the same amount you would have earned as a fine for being sick. Was actually thinking about applying till I found out about that. I don't mind being docked (though the company I work for actually gives sick days) but to have PAY to be sick. Nope, not doing that.


While avoiding such employers is certainly best, the second link I posted above details what to do if you're ever with an employer who attempts to fine you for not coming into work. To summarize their advice:

1) Collect written evidence that you have been fined. This could be your payslip, an email or memo stating their intention to fine you, etc.

2) Bring said evidence to the Roudou Kijun Kantokusho (労働基準監督署)

All consultation is free, and if they agree with you, they will act on your behalf for free as well. In the case of the girl mentioned in the OP, not only did she get all her money back, but the company is now in the process of returning all fines charged to other current or former employees in the past as well.
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Wed Feb 15, 2017 11:09 pm    Post subject: Reply with quote

taikibansei wrote:
BadBeagleBad wrote:
At least one online school, VIP kids, does the same. If you miss a day you don't get paid, obviously, but you also pay the same amount you would have earned as a fine for being sick. Was actually thinking about applying till I found out about that. I don't mind being docked (though the company I work for actually gives sick days) but to have PAY to be sick. Nope, not doing that.


While avoiding such employers is certainly best, the second link I posted above details what to do if you're ever with an employer who attempts to fine you for not coming into work. To summarize their advice:

1) Collect written evidence that you have been fined. This could be your payslip, an email or memo stating their intention to fine you, etc.

2) Bring said evidence to the Roudou Kijun Kantokusho (労働基準監督署)

All consultation is free, and if they agree with you, they will act on your behalf for free as well. In the case of the girl mentioned in the OP, not only did she get all her money back, but the company is now in the process of returning all fines charged to other current or former employees in the past as well.


It's an online school, so what leverage do you really have?
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taikibansei



Joined: 14 Sep 2004
Posts: 811
Location: Japan

PostPosted: Thu Feb 16, 2017 2:27 am    Post subject: Reply with quote

BadBeagleBad wrote:


It's an online school, so what leverage do you really have?


That's an interesting question. Assuming they have a physical address in Japan, you would actually have a lot of leverage. The problem would be jurisdiction--if their main office was, say, in Osaka and you in Tokyo, you would most likely need to travel down to the Roudou Kijun Kantokusho in Osaka to file a complaint (and possibly travel down there again for the hearing).

I'm guessing the cost round-trip for that journey would equal (if not exceed) the total amount of the fine. Far better to avoid these guys completely! Smile
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baki



Joined: 29 Dec 2010
Posts: 72

PostPosted: Fri Feb 24, 2017 10:31 pm    Post subject: Reply with quote

I only get paid daily, I don't get paid during holidays or days off, I can't get overtime, I don't get subsidiaries on health insurance or rent, I will get docked if I don't return teaching materials and I still need to adhere to the conditions of a full year contract.

Tell me that isn't worst than the US.
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taikibansei



Joined: 14 Sep 2004
Posts: 811
Location: Japan

PostPosted: Fri Feb 24, 2017 10:48 pm    Post subject: Reply with quote

baki wrote:
I only get paid daily, I don't get paid during holidays or days off, I can't get overtime, I don't get subsidiaries on health insurance or rent, I will get docked if I don't return teaching materials and I still need to adhere to the conditions of a full year contract.

Tell me that isn't worst than the US.


It sounds like you are working at Walmart!

https://www.theguardian.com/commentisfree/2013/sep/05/working-at-walmart-what-its-like

http://www.dailydot.com/via/walmart-labor-unions-bad-company/

https://en.wikipedia.org/wiki/Criticism_of_Walmart
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