Antworten des japanischen Arbeitsrechts auf die Corona-Krise
Abstract
The Covid-19 pandemic also had a massive impact on economic and working life in Japan, to which Japanese labor law had to respond. On the one hand, the workplace of employees, the determination of which is in principle subject to the employer’s right to issue instructions, was affected by calls from the prefectural governors to close certain facilities and to stay at home. While employees are not generally entitled to perform their work at home outside of specific employment contract regulations, employers could and sometimes did order this. The problem here was – and still is – compliance with the statutorily prescribed maximum working and overtime hours, which are more difficult to record when working at home. Accordingly, home office work was used to a much lesser extent than had been hoped, although the government had already provided incentives for remote work before the Covid-19 crisis.
Furthermore, the pandemic had a strong impact on wages: In particular, the recommended store closures resulted in work stoppages and reductions in working hours, which affected especially part-time workers. Since under general civil law the employer is in principle not liable for business interruptions (e.g. due to a drop in demand) and is also released from the obligation to pay wages, the payment of a work stoppage allowance under the Labor Standards Act was of major concern in Japan.
Overall, the Covid-19 crisis in Japan has not led to a sharp rise in unemployment, instead resulting primarily in a reduction in working hours and corresponding wage cuts, which are being countered in particular with the instruments of work stoppage and support allowances. However, since the financial support is limited in time, it remains to be seen whether an increase in unemployment will follow; the Japanese government is already making proactive efforts to avert the threat of unemployment and to reintegrate the unemployed into the labor market. The discussion that has arisen about remote work at home will likely remain as well.
