1. Reason for proposal
Revised Labor Standards Act prescribes that employers shall issue pay stubs to employees when paying wages and shall impose the fine for negligence to workplace bullying (including relatives of employers).
Also, if a pregnant laborer intends to request to change the start and end time of work, the employer shall accept such request and the limit of enforcement levy to be imposed by the Labor Relations Commission to the employer who did not execute the order of remedy.
In relation to this matter, it is intended to prepare the matters to be stated in the pay stub, range of relatives who are the subjects of imposition of the fine for negligence, and standard on imposition of enforcement levy.
Also, it is intended to improve an operation process of the system, including reduction of residing persons in dormitories and actualization of the standard on determination of working conditions of short-time laborers.
2. Main content
A. Improvement of the period to be excluded from the mean wage calculation period (Article 2.1 of draft)
As leave before/after maternity is only stated for the period to be excluded from the current mean wage calculation period and leave for abortion/stillbirth may cause confusion in interpretation, it is intended to make it clear that leave for abortion/stillbirth is excluded from the mean wage calculation period.
B. Improvement of the reason for exclusion of application of delayed charge (Article 18 of draft)
As Article 7 of Wage Claim Guarantee Act is applied as the reason for no application of delayed charge to unpaid wages, the case to receive unpaid wages confirmation letter, according to the revised Wage Claim Guarantee Act is also included but, as a final judgment or unpaid wages confirmation letter does not meet the purpose of exclusion from application of delayed charge, but may rather result in a disadvantageous outcome for laborers, it is intended to exclude it from the reason for no application.
C. Improvement in relation to personal information protection (Article 27.1 of draft)
Residence registration number to be stated in wage ledger is changed to the information to specify the laborer, such as date of birth and employee number, etc., in order to protect personal information.
D. Establishment of the matters to be stated in pay stubs (Article 27.2 of draft)
Total amount of wages, amount and calculation method of each item of wages, and details of deduction, etc. shall be stated in pay stubs to be issued by employers to employees.
E. Preparation of the reason for exclusion from approval of adjustment of commute time for pregnant laborers and the procedure to make the request (Establishment of Article 43-3 and Article 43-4 of draft)
It is intended to establish the method and procedure for pregnant laborers to request to change their start and end time of work and to decide the reason for employers for refusal, such as the case that the proper operation of business is seriously hindered.
F. Improvement of residing environment of dormitories (Article 55 and Article 57 of draft)
The number of residents in a room is reduced from 15 people to 8 people in order to improve the poor lodging environment of foreign laborers and to secure laborers’ right for health, including prevention of infectious diseases.
G. Establishment of the range of relatives who are the subjects of punishment, due to workplace bullying (Establishment of Article 59-3 of draft)
The range of relatives of the employer for imposition of fine for negligence, due to workplace bullying, is decided as the spouse, blood relatives within cousins, and in-laws within cousins.
H. Improvement of the standard on determination of the working conditions of short-time laborers (Appendix Table 2 related with Article 9.1 of draft)
As the Act on the Protection, etc. of Fixed-Term and Part-Time Employees prescribes that overtime work of short-time laborers requires consent and that not less than 50% of ordinary wage shall be additionally paid for overtime work, it is intended to reflect revised matters in Standard on determination of working condition of short-time laborers (Appendix Table 2).
I. Revision of standard on detailed imposition of enforcement levy (Appendix Table 3 related Article 13 of draft)
As the limit of the enforcement levy to be imposed by the Labor Relations Commission to the employer who did not execute the order of remedy is increased, it is intended to reflect such an increase in the Standard on imposition of the enforcement levy (Appendix Table 3).
J. Actualization of jobs prohibited for pregnant persons, etc. (Appendix Table 4 related with Article 40 of draft)
As the jobs prohibited for pregnant persons, etc. (Appendix Table 4) quote merged/closed acts and subordinate statutes, it is intended to actualize them.
K. Preparation of Standard on detailed imposition of fine for negligence (Appendix Table 7 related with Article 60 of draft)
As provisions on imposition of fine for negligence in issuance of pay stubs, workplace bullying, and adjustment of commute time for pregnant laborers are established in Article 116 of the Act, it is intended to improve the standard on imposition of the fine for negligence by reflecting the standard on aggravated disposition.