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Case of corrective recommendation by Labor Standards Inspection Office Sample · Effect · Countermeasure

 

 

 

Case of corrective recommendation by Labor Standards Inspection Office Sample · Effect · Countermeasure

 

If the worker goes to the Labor Standards Inspection Office under the jurisdiction of the company and requests a review, the remedial recommendation will be inspected on the 10th.

If you are sexually harassed, powerful, bullying, harassing unfair dismissal or disciplined dismissal you have to think about the risk of driving to the Labor Standards Inspection Office for inspection and joint labor union.

 

The Labor Standards Inspection Office gets information from workers as well.

The tax office has also censured tax evasion from tax payer's inquiries from special concerned persons.

In some cases, a labor union joined by a worker may ask the Labor Standards Inspection Office to review and issue a corrective recommendation and hold a press conference of the Ministry of Health, Labor and Welfare.

According to the union and lawyers, the Union side was scheduled to hold a press conference on Sunday 22th, the Sendai Labor Standards Inspection Office issued a corrective recommendation to the reduction of overtime at Sendai store of "Takano Yumena Beauty Clinic" . President Takano visited Sendai City on the 21st of the previous day, gathered 15 employees of the Sendai branch and store managers at restaurants and talked to the female employee for two and a half hours It said that it continued.

Corrective recommendation is administrative guidance done when labor standard inspector confirmed facts corresponding to labor law violation at the establishment in case of doing business establishment survey or inspection (on-site inspection), not administrative penalty.

"Tomoharu Yuri" president apologizes for labor-management problems

2014/10/5 Esthetic salon "Takano Tomohisa Beauty Clinic" Female employees at Sendai store are said to have received intimidative remarks from Yuru Takano president over labor-management problems, Fuji Beauty (Tokyo) By Tuesday, President Takano admitted inappropriate remarks and announced on the website that he apologized to employees at the Sendai store.

Meanwhile, the labor union to which the female employee joins "is meaningless because the victims are not present at the place that they are said to apologize, which is not to say that the company has started to improve" . The union held a press conference in Tokyo on August, explaining the circumstances. Employees at the Sendai branch reported to the Labor Standards Inspection Office that problems such as overtime were reduced, but Mr. Takano condemned the company as "I can close the company" and intimidate acts for 2 hours It was supposed to have received. Received an internal report, the Sendai store had received corrective recommendations from the labor bureau. Based on this, Fuji Beauty also announced the outline of the labor improvement plan by May 5. We examined the data of overtime work over the past two years and showed that paying when unpaid salary is available and securing a break time. 〔Joint〕

 

 

https://www.fukuoka-roumu.jp/2907/09998/

According to the news, the Sendai Labor Standards Inspection Office asked Takanoharu Sendai store to improve the working environment, Mr. Yuhiro Takano, president, told employees who reported to the labor bureaus "If it meets the Labor Standards Law Absolutely do not make it, it will be crushed, we will not be bothered by that? "And so on, employees can not go to work due to mental shock. In addition, the black enterprise countermeasure Union seems to have alleged relief of unfair labor practice to the Miyagi prefecture labor committee on September 28, presiding Takano president's power harassment on the partnership activity. The union also holds a press conference and also releases a voice recording which is said to be "recording at the time of power harassment".

 

http://www.mhlw.go.jp/file/04-Houdouhappyou-11202000-Roudoukijunkyoku-Kantokuka/0000116168.pdf

 

Supervisor guidance results carried out from April to December 2015 - Ministry of Health, Labor and Welfare

 

Working hours (20.8%)

Safety standard (19.1%)

Health checkup (15.1%)

Extra wage (14.5%)

Indication of working conditions (11.6%)

The remedial recommendation will be issued when there is a violation of laws and regulations as a result of the investigation by the Labor Standards Inspection Office. However, because there is a violation, it is not impossible to impose a fine or the like on the spot, so there is no need to be so afraid.

The remedial recommendation is not administrative punishment but administrative guidance and there is no legal compulsion, so if you think that it is not a violation, there is no obligation to correct it. However, as it is pointed out that it is a violation of laws and regulations, it is very rare if it is not repeatedly rectified or it is judged to be too malignant, but there is also the possibility that documents will be sent to the public prosecutor's office. In that case, the Labor Standards Act and the penalties stipulated by each law may apply. Also, because the corrective recommendation is not an administrative punishment, you can not fight by the administrative dissatisfaction examination law and the administrative case lawsuit law.

Practically, even if it is administrative guidance, it will be obliged to obey

Heisei era declaration processing status

Supervision Implementation Number of stations 22,321

Number of violating business sites 15,782

Violation business site ratio 70.7%

Non-payment wage violating the Labor Standards Law 22, 362

Dismissal 4,017

Working hours etc. 547

Minimum wage law violation 2,174

(Source: Labor Standards Director Annual Report)

The number of declarations dealt with in Heisei 20 was 30,381 cases including the carried forward from the previous year. In the case of declaration, there are a lot of wage non-payment, and then it is a matter of dismissal.

 

 

 

If a fact of violation of the Labor Standards Law etc. is found in the case of an entry survey conducted by the Labor Standards Inspection Office, the supervisor of the Labor Standards Inspection Office has the authority to instruct them to rectify the violation matter.

 

What is delivered with the guidance contents in writing is a "remedial recommendation".

In the corrective recommendation form, violation items and corrective dates are stated,

By correcting the violation items by the specified deadline,

We will report the status of remediation to the Labor Standards Inspection Office.

 

By the way, the remedial recommendation is "recommendation" (administrative guidance), there is no legal enforcement.

When a user receives a corrective recommendation letter, he / she must take the guidance seriously, improve it, and report the status of improvement.

Even if there is a social insurance labor officer, most correction recommendation will be issued. Even major companies that care about labor problems have some kind of violation.

 

 

We have not paid overtime in violation of the Labor Standards Act.

Not only when you are not intentionally paying overtime payment but also when you mistakenly calculate overtime work. There is also a mistake of deemed overtime work for 45 hours while guidance by social insurance labor.

 

In the actual corrective recommendation, we are asked to correct so that we will pay back the unpaid overtime payment (difference with overtime payment already paid) in the past.

 

Since the statute of limitations on wage claims is two years, it may be required to pay unpaid overtime payment at the longest back to the past two years.

A corrective recommendation for unpaid overtime is actually a financial loss to the company. Even in companies with dozens of employees, too much payment may occur, including deemed overtime work and holidays.

 

36 There is no notification of the agreement · Beyond the statutory working hours, employees are made to work by violating the labor standards law.

 

According to the Labor Standards Law, it is stipulated that working hours should not exceed the legal working hours (40 hours a week, 8 hours a day).

In cases where it is necessary to work over legal hours, labor and management conclude "Notification of Agreement on Overtime Work / Holiday Labor (36 Agreement)" as prescribed in Article 36 of the Labor Standards Act, in writing, It is necessary to notify to the Labor Standards Inspection Office.

 

Even if you are paying overtime payment properly, if you do not notify the 36 agreement, it will be a violation.

 

Notification is required on a business unit basis, not on a company basis.

In other words, if there are branches, factories, shops, sales offices, etc. in addition to the head office, it is necessary to notify each agreement of 36 each.

 

36 The agreement is necessary for employees to be informed. 36 It is not enough to notify the agreement by filing a notification. It is necessary to notify it to employees. As a well-known method, there are methods such as regularly installing it in a place where employees can view it, delivering it to HP or somewhat to the Internet or employees in writing.

 

36 The term of validity of the agreement is determined to be one year at most.

Once notified, it is not the end, every year, a majority of workers must sign an agreement with labor and management of employers in writing and submit it to the labor standards inspection office of the competent jurisdiction

 

 

Despite being always using more than 10 workers, they have not created or notified employment rules due to labor standards violation. Includes part-time job part.

 

According to the Labor Standards Law, it is stipulated that "those who use 10 or more workers at all times must prepare a work regulation and submit it to the Labor Standards Inspection Office." Also, even if you change the contents of your employment rules, you will need to make a notification each time.

Therefore, if a company with 10 or more employees regularly does not prepare or notify employment rules, or if the employment rules have been changed but not submitted, it becomes a violation of the Labor Standards Act I will.

 

 

Notification is required on a business unit basis, not on a company basis.

In other words, in addition to the head office, if there are branches, factories, shops, sales offices, etc., it is necessary to submit employment rules respectively.

In addition, we will judge "workers of more than 10 at all times" by the number of workers per workplace.

There is also a method for collective notification at the headquarters for convenience.

 

Matters to be absolutely stipulated have been decided (absolute description matter)

There are items that must be stated absolutely in the employment regulations or items that must be stated when making decisions. Even if you create and notify employment rules, if there is no description of these matters, you will be guided by corrective recommendations.

 

Listen to the opinions of the employee representatives · Major labor unions OK

According to the Labor Standards Act, "When creating or changing work rules, he / she shall listen to the opinions of employee representatives (representatives of labor unions or majority of employees)" and labor standards supervision When notifying the employment rules to the office, a document stating the opinion of the employee representative must be attached. It is okay to disagree.

But no adverse change is acceptable.

 

It is necessary for employees to be informed about employment rules.

It is not enough to justify the employment rules. It is necessary to notify it to employees. As a well-known method, there are methods such as installing in a place that can be viewed by HP and Internet always-time employees, and delivering in writing to employees.

 

 

Necessary items are not stated in the worker's register or wage register due to labor standards violation.

According to the Labor Standards Law, "We have prepared (created) labor registry, wage register, etc. for each branch office, factory, shop and sales office in addition to the head office."

If you do not prepare a statutory book such as a worker's register or wage register, if necessary information is not stated, or if you have not saved it even though it is within the storage period, corrective recommendations will be made Become. Descriptions of the worker register and wage register are as follows.

 

Items to be entered in the workers' register

  • Name
  • Birthday
  • History
  • sex
  • Street address
  • Types of work engaged
  • Date of hire
  • Date of retirement and reasons for retirement

Descriptions of wage register

  • Name
  • sex
  • Wage calculation period
  • Number of working days
  • Number of hours worked
  • Number of working hours overtime, holiday, late night
  • Basic salary, allowance, and other amounts for each type of wage
  • When deducting part of wages, that amount

The retention period must be preserved for 3 years from the day of death of workers, retirement or dismissal, the wage registry must be kept for three years from the date of last entry

 

Corrective recommendation concerning medical examination

 

Health checkups include health checkups at the time of employment, periodic health checks, etc. However, even if they are not implemented, corrective recommendations will be made.

The medical examination at the time of employment must be promptly done when employees are adopted, and if employees who have adopted submit the results of the medical examination conducted within three months, it can also substitute I will.

Regular medical checkups are obliged to be carried out once a year for employees who always use it. Also, health checkups are not the objective itself.

As a company, the objective is to take appropriate post-actions for employees who have been diagnosed as having abnormal findings as a result of health checkups by managing the health of employees, and conducting health checks It is only a means for that.

Therefore, it is insufficient measures to take as a company simply by conducting health examination.

Actually, according to the Occupational Safety and Health Law, "With regard to the measures necessary to ensure the health of workers diagnosed as having abnormal findings in the medical examination results, within three months from the date of the medical examination (Note that the opinion of the doctor he / she heard is to be stated in the medical examination personal vote.) "Is stipulated.

If the company fails to take measures such as listening to the opinion from the doctor, so-called post-treatment measures of the so-called physical examination despite the fact that there are employees diagnosed as having abnormal findings as a result of the health check, health Even if you carry out diagnosis, corrective recommendations will be made from the Labor Standards Inspection Office.

 

Submit correction (improvement) report

 

If you are in violation of the Labor Standards Law in the survey conducted by the Labor Standards Inspection Office, you will receive a corrective recommendation.

A company that receives the remedial recommendation will improve the pointed out by the appointed date and submit the "Corrective (Improvement) Report" to the Labor Standards Inspection Office.

 

In the remediation (improvement) report,

① clause or pointed out matter,

② Status of remediation (improvement) (how to correct it),

③ Fill out the corrected date, etc. and submit evidence documents that can confirm that you corrected (improve) and submit it to the Labor Standards Inspection Office.

If the remedy is not in time by the designated date, the company receiving the remedial recommendation needs to improve the problem pointed out and report it to the Labor Standards Inspection Office by the appointed date, but from the date of correction recommendation (Deadline for correction report) is usually only about one month, so even if there is an intention to rectify, it may not be in time by the deadline.

 

For example, when it is necessary to recalculate unpaid overtime from the past, or when it is necessary to prepare a working rule, it will take a considerable amount of time to correct it, so it is common for the deadline not to be completed by the deadline .

 

If actual correction is not made in time, please report and consult with the Labor Standards Inspector first.

If necessary, we will submit to the Labor Standards Inspection Office a remediation (improvement) report on the scheduled date, with the interim and the planned completion date corrected.

 

In that case, penalties will not be applied soon because they did not make it in time for the specified date.

Ignoring or neglecting can not be the best.

It is okay to show your attitude in good faith.

 

 

An example

Corrective Recommendation

 

October 17, Heisei 29

 

ABC Co., Ltd.

Representative Director Ichiro Tanaka

 

Tokyo Labor Bureau Mita Labor Standards Inspection Office

Labor Standards Inspector Jiro Suzuki

 

We recommend that you report the standard labor standards, violations of the Occupational Safety and Health Law and criteria for improving labor hours etc. at your workplace by reporting each by the prescribed deadline and report it without delay.

 

In addition, for violation of the law pertaining to the provision of the law (excluding those without penal provisions), if you do not rectify by the prescribed deadline or even if it was before the due date, if an accident occurred occasionally due to the violation of the law Depending on the content of the facts, we may take prosecution procedures.

 

With respect to matters marked with □ in the "Legal provision, etc." field, we appoint the person responsible for inspection to prevent repetition of homogeneity for each matter, take measures to ensure that inspection and repair is carried out, Please report to that effect if you do.

Legal provision etc Violation matter Correction date

Labor Standards Law Article 32 Having overtime work beyond statutory working hours without labor-management agreement on overtime work. Immediate

 In case

Labor Standards Law Article 32-4

Paragraph 1 Not having reported a labor-management agreement notice despite adopting a modified working hour system in units of one year. Immediate

 In case

Article 37 (1) of the Labor Standards Act Not paying part of the extra wage against legal overtime work.

(Please make payment after confirming the difference amount from September 20th.) Immediate

 In case

Article 89 of the Labor Standards Act Not to have created employment rules even though we are always using more than 10 workers. Within 1 month

 In case

Article 66 of the Safety Act

(Article 44 of Safety Rule) Do not regularly do medical checkups by doctors once a year for regularly used workers. Within 1 month

 In case

Date of receipt

 

Name of Recipient Job Title October 17, Heisei 20

 

Representative Director Ichiro Tanaka (1) out of

 

(1) piece

In case

 

What is a guidance form

As a result of the on-site survey conducted by the Labor Standards Inspection Office, although it is not a violation of laws and regulations, if it is determined that there is a need for improvement, the "guidance card" is issued.

Regarding matters stated in the guidance card, there is no legal enforcement like the violation matter described in the remedial recommendation, but in reality, improve the items to be improved and report it to the labor standards inspection office It is required.

 

An example

Guidance card

 

October 17, Heisei 29

IROH Corporation

Representative Director Taro Tanaka

Tokyo Labor Bureau Mita Labor Standards Inspection Office

Labor Standards Inspector Hanako Yamada

 

 

We ask you to take remedial measures for the following matters of your workplace.

Please also report on the status of improvement by the day of 117th of Heisei Heisei era2007.

1 At your workplace there is a discrepancy between the actual working hours (the number of hours worked overtime determined from the overtime fee and overtime listed on the salary statement) and the time at which the time card was engraved, It is recognized that overtime hours are not accurately grasped.

For this reason, after taking concrete measures to remedy this situation, the state of implementation of the countermeasures and the improvement status of the working hours management are monitored once a month until December, Report it in detail.

Before reporting, bring the following materials and present it.

① Time card

② Wage register (payroll statement)

 

Regarding the management of overtime hours worked for 2 hours, the fact that 0.5 to 1 hour is cut uniformly according to occupation is recognized.

Such operation will be an obstacle to the payment of overtime payment and implementation of measures to prevent overworking, so to take remedial measures in the future.

 

Date of receipt

Name of Recipient Job Title October 17, Heisei 20

Representative Director Taro Tanaka