Is My Company Exploitative?! An Easy-to-Understand Explanation of the Labor Standards Act for Beginners 7-1 (Deemed Working Hours System for Work Outside the Workplace)
The scene is a desk in the sales department. Person A and Person B are spreading out documents.
Person B: Person A, I don't really understand this "deemed working hours system for work outside the workplace." Since sales involves a lot of field work, does it apply to us?
Person A: That's right, B. Sales is exactly one of the jobs that falls under this system. Simply put, it's a system where **"the time spent working outside is deemed to be the pre-determined amount of time worked."**
Person B: Wait, so does that mean it doesn't matter how much I actually work?
Person A: Well, that can be the case, but it's a bit complicated. For example, let's say the company decides that "the deemed working hours per day are 8 hours."
Person B: Yes.
Person A: So, even if you only spend 3 hours at a client's office, you get paid as if you worked 8 hours. But even if you spend 12 hours visiting clients, you still only get paid for 8 hours.
Person B: Huh, isn't that a loss!
Person A: You might think so, but there are also benefits.
Person B: Benefits?
Person A: For example, it saves the trouble of calculating overtime pay, and it makes it easier for the company to keep track of working hours.
Person B: I see... But I still feel like it's a loss.
Person A: Well, it's certainly not always a good thing. That's why, when this system is applied, it's important to carefully check your working hours and job duties.
Person B: Understood! But it's kind of complicated.
Person A: That's true. This system is often applied to jobs where it's difficult to grasp the actual working hours, but on the other hand, there's a possibility that the worker's rights might not be protected.
Person B: Rights?
Person A: Yes. For example, there are cases where it's assumed that even if you work long hours, it's not a problem as long as it's within the deemed working hours. That's why if you think something is wrong, it's important to consult with your supervisor or the Labor Standards Inspection Office.
Person A: The deemed working hours system for work outside the workplace has its convenient aspects, but it's important to carefully check your working conditions.
Person B: Understood! Thank you very much!
A detailed explanation of the deemed working hours system for work outside the workplace!
What is the Deemed Working Hours System for Work Outside the Workplace?
The Deemed Working Hours System for Work Outside the Workplace is a system where, in cases where it is difficult to accurately track the working hours of employees working outside the workplace, such as in sales or delivery, it is deemed that they have worked for a pre-determined amount of time.
Why is such a system necessary?
Difficulty in accurately tracking working hours: For employees working outside the workplace, such as those in field sales or delivery, it is difficult to accurately track when, where, and for how long they are working.
Prevention of labor-related disputes: This is to prevent labor-related disputes in advance and to realize fair working conditions for both the worker and the company.
Pros and Cons of the System
Pros
Simplification of working hour management: It saves the trouble of recording and calculating working hours, allowing for more efficient personnel and labor management.
Flexible work styles: It creates an environment where employees can focus on their work without being overly constrained by working hours.
Cons
Risk of long working hours: There is a possibility that it may be considered acceptable to work long hours as long as they fall within the deemed working hours.
Infringement of workers' rights: Because working hours are not accurately tracked, there is a possibility that workers' rights may be infringed.
Application Requirements for the System
Work outside the workplace: Cases where work is performed outside the workplace, such as sales, delivery, or door-to-door sales.
Difficulty in calculating working hours: Cases where working hours cannot be accurately tracked.
Specific direction and supervision by the employer: Cases where the company provides specific instructions regarding the employee's work content and schedule.
How to Determine Deemed Working Hours
Work content: Deemed working hours vary depending on the nature and difficulty of the work.
Normal working hours: Deemed working hours are set with reference to general working hours.
Guidance from the Labor Standards Inspection Office: It is also possible to receive guidance from the Labor Standards Inspection Office.
Points to Note Regarding the System
Prevention of long working hours: Just because it is a deemed working hours system does not mean that long working hours are permitted.
Recording working hours: While recording working hours is not mandatory, it is recommended to keep records to prevent disputes.
Worker health management: To prevent health issues caused by long working hours, it is necessary to ensure appropriate break times and days off.
Points to Note for Workers
Check your employment contract: Make sure to thoroughly check the details of the deemed working hours system.
Balance between working hours and workload: If your workload is too high, consult with your company.
Consulting the Labor Standards Inspection Office: If you feel there is a problem, consult with the Labor Standards Inspection Office.
Summary
While the deemed working hours system for work outside the workplace can simplify working hour management, it also carries the potential for infringing upon workers' rights. When introducing this system, it is important for both the workers and the company to understand it and ensure its appropriate operation.