Study Group Report (Draft) on the Creation of a Deemed Working Hours System for Telework and Labor Standards Legislation
I have already read the revised version of the report (draft) presented by the Ministry of Health, Labour and Welfare at the 'Study Group on Labor Standards Legislation' today (December 24, 2024), and I believe the 'creation of a deemed working hours system for telework,' which was a point of strong concern even among the study group members, is the biggest issue.
13th Study Group on Labor Standards Legislation
The 13th meeting of the Ministry of Health, Labour and Welfare (Labor Standards Bureau) expert panel, the 'Study Group on Labor Standards Legislation,' was held on September 11 (2024), with the agenda being 'Regarding working hours, breaks, holidays, and annual paid leave.'
Document 1: Regarding working hours, breaks, holidays, and annual paid leave (PDF format)
In the materials for this 13th meeting, 'Regarding working hours, breaks, holidays, and annual paid leave,' it was written that a study group member expressed the opinion: 'Is it not necessary to create a deemed system specifically for telework? Although working hours can be technically tracked, when workers do not desire that, a deemed system should be permitted.'
At the same time, the materials for the 13th meeting also contained opposing views expressing concern about a 'deemed working hours system' for telework, such as: 'Given the reality of overwork occurring due to telework, adopting a deemed working hours system would remove it from actual working hour regulations, posing a high risk of overwork.' 'Until now, the target tasks for the discretionary labor system have been strictly defined; this was also an attempt to minimize the side effects of a deemed working hours system. If a deemed working hours system were to be widely permitted for telework, there is a concern that it could lead to an evasion of that intent. Regarding telework, should we not also consider the direction of utilizing flextime as a form of actual working hour regulation?'
The minutes of the 13th meeting also record opposing views expressing concern about a 'deemed working hours system' for telework. First, Professor Yuichiro Mizumachi stated, 'Rather than expanding the deemed system for off-site labor without limit, it is more important to properly regulate its application and operation in a form that fits current realities. Therefore, I cannot help but feel strong concern regarding the introduction of a new deemed system that removes actual working hour management simply because it is work-from-home.' Additionally, Professor Wakana Shuto expressed her opinion: 'When applying 'deemed working hours' to home-based telework, I hold very strong concerns about whether long working hours can truly be suppressed in a state where there is no 'right to disconnect'.'
Study Group on Labor Standards Legislation (Discussion Draft)
The 14th meeting of the 'Study Group on Labor Standards Legislation' was held on November 12 (2024), with the agenda being 'Regarding labor standards legislation.'
The materials for the 14th meeting are titled 'Study Group on Labor Standards Legislation (Discussion Draft),' but I believe it can essentially be called an outline draft for the creation of the 'Study Group on Labor Standards Legislation' report.
Study Group on Labor Standards Legislation (Discussion Draft) (PDF format)
In this discussion draft, there is an item titled 'Deemed working hours system available during telework,' which states: 'During telework, work and home are in close proximity, and strict working hour management could potentially intrude on private life; based on this, a deemed working hours system adapted for telework is conceivable.' It also states: 'On the other hand, risks of long working hours have been pointed out regarding the deemed working hours system, and it is considered necessary to conduct medium- to long-term study after grasping the reality of working hours in telework and the needs of labor and management.'
Study Group on Labor Standards Legislation Report (Draft)
The 15th meeting of the 'Study Group on Labor Standards Legislation' was held on December 10 (2024). The agenda was 'Regarding labor standards legislation,' but the material is titled 'Study Group on Labor Standards Legislation Report (Draft).'
Study Group on Labor Standards Legislation Report (Draft) (PDF format)
Under the item 'Regarding a deemed working hours system for telework,' it was written: 'Regarding a deemed working hours system targeting telework at home, etc., based on the issues of managing actual working hours mentioned above, including consideration of these points, it is considered necessary to conduct continuous study after grasping the objective situation of gaps in working hours for temporary housework or childcare in actual telework, how companies are managing working hours, and the extent to which there is actual need for a deemed working hours system among workers and employers, as well as grasping the actual situation of telework under the improved flextime system mentioned above.'
Study Group on Labor Standards Legislation Report (Draft) Revised Version
The 16th meeting of the 'Study Group on Labor Standards Legislation' was held on December 24 (2024). The agenda was 'Regarding labor standards legislation,' but the material is titled 'Study Group on Labor Standards Legislation Report (Draft)' (Revised Version).
Study Group on Labor Standards Legislation Report (Draft) Revised Version (PDF format)
In the 'Regarding a deemed working hours system for telework' item of the revised report (draft), it was written: 'Regarding a new deemed working hours system targeting work-from-home, based on the issues of managing actual working hours mentioned above and issues surrounding the tracking of health management hours as a substitute, including consideration of these points, it is considered necessary to conduct continuous study after grasping the reality of working hours, such as the length and time zones of working hours in work-from-home, the situation of gaps in working hours for temporary housework or childcare, how companies are managing working hours, and the extent to which there is actual need for a new deemed working hours system among workers and employers, as well as grasping the actual situation of telework under the improved flextime system mentioned above and the reality of labor-management communication, including how to ensure effective health under a deemed working hours system.'
Strong concern regarding a deemed working hours system for telework
I have already read the revised version of the report (draft) presented by the Ministry of Health, Labour and Welfare at the 16th 'Study Group on Labor Standards Legislation,' and I believe the 'creation of a deemed working hours system for telework,' which study group members Professor Yuichiro Mizumachi and Professor Wakana Shuto expressed strong concern about at the 13th meeting, is the biggest issue.
This revised report (draft) also summarizes: 'Until now, the target tasks for the discretionary labor system have been strictly defined; this was also an attempt to minimize the side effects of a deemed working hours system. If a deemed working hours system were to be widely permitted for telework, there is a concern that it could lead to an evasion of that intent,' but the details are recorded in the minutes of the 13th meeting.
I was disappointed that the Ministry of Health, Labour and Welfare intends to include the 'creation of a deemed working hours system for telework' in the 'Study Group on Labor Standards Legislation' report, despite such strong concerns from study group members.
*Information on the holding of the Ministry of Health, Labour and Welfare's expert panel 'Study Group on Labor Standards Legislation,' as well as materials and minutes, are posted on the following Ministry of Health, Labour and Welfare website.
Study Group on Labor Standards Legislation (Ministry of Health, Labour and Welfare website)
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