Newsletter
"Guidelines for Enterprise Implementation of Day (Night) On Call" will cease to apply as of January 1, 2022
The Ministry of Labor has established the "Guidelines for Enterprise Implementation of Day (Night) On Call" for working the day (night) on call. However, since "day (night) on call " and "working overtime" are easily confused, the Ministry of Labor amended the "Guidelines for Enterprise Implementation of Day (Night) On Call " on March 11, 2019, following requests for review by various parties. In the amendment, two major provisions were added to protect the rights of workers, namely, that pregnant and breastfeeding women would not be allowed to work night on call and that the standard of allowances must be paid for day (night) on call. Nevertheless, the Ministry of Labor considered that the workers would remain under the direction and supervision of their employers even during day (night) on call and therefore believed that the overtime provisions of the Labor Standards Act should still apply to day (night) on call in the future. To prevent the immediate repeal of the aforementioned guidelines from having an excessive impact on the operating manpower of enterprises, the Ministry of Labor announced that the guidelines would no longer be applicable as of January 1, 2022, when the guidelines were revised in 2019.
After the aforementioned guidelines cease to apply, if an employer requires its workers to work day (night) on call in the future, it should be calculated as working hours and overtime pay should be made in accordance with the Labor Standards Act and should be subject to the restriction that the working hours shall not exceed 12 hours in a day and the number of overtime hours per month shall not exceed 46 hours in principle.
As the aforementioned guidelines will cease to apply, companies shall be aware of whether or not there are relevant day (night) on call situations, and, if so, to adjust the relevant regulations. Please do not hesitate to contact us if you have any questions or need any assistance from us.