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Chapter 2 09. specified skilled worker employment contracts Points (2)

Chapter 2
09. specified skilled worker employment contracts Points (2)

2) Regarding employment on a monthly salary basis

In the case of daily and hourly wage systems, it is expected that the amount of remuneration will be lower than the expected amount due to the busyness of work due to the season and construction order status, and a mismatch in terms of remuneration may cause a decrease in Specified Skilled Worker 's motivation to work or disappearance.

Therefore, in order to ensure stable remuneration for Specified Skilled Worker Specified Skilled Worker in the construction field, it is necessary to ensure that the remuneration does not fluctuate due to the busyness of work, that is, the "monthly salary system" ensures that the amount of remuneration agreed upon in advance with the Specified Skilled Worker is paid stably every month. Even if other employees employed by the host company are not paid monthly, Specified Skilled Worker (i) is required to pay them on a monthly basis.

The "monthly salary system" referred to here means that compensation is paid in an amount calculated on a monthly basis (the sum of basic salary, allowances paid on a fixed monthly basis, and overtime pay).

This is the key point!

Specified Skilled Worker Absence due to personal reasons (excluding annual paid leave). It is okay to deduct the amount of remuneration from the basic salary, but it is not acceptable to treat absenteeism as absenteeism due to the cancellation of on-site work due to the convenience of the host company or weather.
In the case of closures due to reasons attributable to the employer, including closures due to weather, the Labor Standards Act requires the employer to pay closure allowances (60% or more of the average wage).
Even if the number of standard working days per month fluctuates or the number of standard working hours per month fluctuates due to the adoption of a flexible working hours system, remuneration must be paid at an "amount calculated on a monthly basis."