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Chapter 2 09. Key points of Specified Skills employment contracts②

Chapter 2
09. Key points of Specified Skills employment contracts②

2) Regarding employment on a monthly salary basis

In the case of daily or hourly wage systems, it is expected that compensation will fall short of the anticipated amount depending on the season and the volume of work due to construction orders, and a mismatch in compensation could cause specified skilled workers to lose their motivation to work or even disappear.

Therefore, in order to ensure stable remuneration for specified skilled workers specified skilled workers in the construction industry, the system requires that remuneration does not fluctuate depending on the workload, that is, that remuneration must be paid stably every month based on a "monthly salary system" that is an amount agreed upon in advance with the specified skilled workers. Even if other employees employed by the accepting company are not paid on a monthly salary basis, the company is required to pay remuneration for Specified Skilled Worker (i) on a monthly salary 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!

It is acceptable to deduct the remuneration for absences (excluding annual paid leave) due to personal reasons of specified skilled workers from their basic salary, but absences due to the circumstances of the accepting company or the suspension of on-site work due to weather conditions, etc., cannot be treated as absences.
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."