Legal change will make temp purgatory permanent for many Japanese workers

Eight years ago, a TV drama about temporary workers generated a great deal of excitement around Japan. In “Haken no Hinkaku” (“Dignity of a Temp”), model-actress-singer Ryoko Shinohara played Haruko Omae, a “super-temp” who masterfully tackled the myriad troubles that arose in her ¥3,000-an-hour job. Unshakable, aloof and playing by her own rules, she performed better than any of the regular employees, refused all overtime and off-the-clock socialization, and shunned flattery and fake smiles to boot.

Unfortunately, the drama did not reflect reality. In real life, critics said, such a temp worker (haken shain) would have been fired on the spot, and regardless of skill level, temp workers tend to be seen as outsiders and are treated worse than regular workers.

On Wednesday, recent revisions to the Worker Dispatch Law go into effect. There was chaotic debate in the Diet over this bill, just as there was with the security bills, but in the end the ruling coalition dealt with it in the same way as it has other unpopular measures: by pushing it through with their majority in both chambers.

Let’s look at the details of the changes.

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Japanese firms have much to lose in battles over bogus outsourcing

What is a gyōmu itaku contract? It is basically an outsourcing contract: A company decides it cannot handle a certain job itself, so it outsources the work to another company — or an individual. Individuals on gyōmu itaku contracts are not considered rōdōsha (employees/workers) in the legal sense, and are thus not protected by the Labor Standards Law or most other labor laws. In that way, gyōmu itaku contracts differ greatly from employment or labor contracts (rōdō keiyaku).

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