At the 11th ``Phoenix Labor Consultation Room,'' we raised the revision of employment regulations/labor agreements as one of the things that must be done in connection with the promulgation of the Omnibus Law. This time, let's focus on what needs to be revised and how, and what needs to be considered when making revisions.

[Confirmation of description method]

まずは現行就業規則/労働協約の記載方法を確認しましょう。大きく分けて4種類の記載方法が一般的です。 Specifically, (1) those that do not specify the details of the law, such as "according to current laws and regulations," and (2) details of the applicable clause names, such as "according to Article ◇ of Law No. △ of XX year." There are four types of regulations: (3) there is no mention of laws and regulations and only the details of laws and regulations in effect at the time of enforcement; (4) there are regulations that are not in accordance with current laws and regulations and each company has their own regulations. In particular, it is necessary to check for clauses that are considered to be disadvantageous to workers, such as the omnibus law, which reduces worker rights compared to the legal content at the time the current employment regulations/collective agreement took effect.

[Revision method]

記載方法が(1)の場合は改定不要です。 Since the current laws and regulations that are automatically applied will be changed, the contents of the Omnibus Law can be applied as is. (2)の場合は(1)と同様の記載方法に変更する提案をしてみましょう。 If the revision is accepted, the contents of the omnibus law can be applied from the time of the revision. 一方で(3)と(4)、そして上記(2)の改定案に応じなかった場合は個別に交渉が必要です。 In the case of legal revisions, new laws and regulations will automatically apply if the rights of workers are increased or workers become more advantageous, but in the opposite case, they will not automatically apply and require agreement between labor and management. Some people may think that an agreement is not necessary because the work rules are decided by the company, not the labor union, but when registering the work rules with the local labor office, the signature of the employee representative is required, and in cases like this, the local labor office always confirms the agreement between labor and management.また勝手に会社が変更して社員が損をしたとなると今後の労使関係にも亀裂が入る可能性があります。 In order to obtain an agreement between labor and management, you will have to find a compromise, but if they stubbornly refuse, it is possible to propose that the revised content be applied to employees who joined the company after the omnibus law went into effect. 1社で2規定が存在することになり複雑ではありますが、コスト面からはプラスがあります。ただし次の改定が行われた場合の対応も含めて定めておくことをお勧めいたします。

Related regulations: Decree No. 35 of 2021 PP-35/2021, Decree No. 36 of 2021 PP-36/2021