Page 284 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

with daily life, and which may contravene socially accepted norms. Such unreasonable
measures are to be avoided as they may be considered as abuse of rights.

When ordering staggered work hours, it is common to indicate several patterns

of the starting time and ending time, ask the preferences of employees, and consider
which pattern each employee is to be assigned, while taking into account the perspective
of continuing the business. There may be cases where employers are forced to order

employees to work staggered hours in a pattern that does not comply with the wishes
of a particular employee. In principle, a consideration should be given to appropriately

arranging such staggered hours by taking into consideration the family circumstances
of the employee as much as possible. In the event that an employer does not have
adequate provisions in its rules of employment, staggered working hours must be

introduced with the consent of the employees.
A reduction in working hours is considered as justifiable if based on reasonable

grounds, such as a reduction in business activity of the employer as a result of COVID-19
or a governmental order. Before taking action, the employer should check the employee’s
employment contract to make sure whether it has the right to reduce the employee’s

working hours without the employee’s consent.

Another issue is related to the number of working days. In Japan, in principle,
if an employee’s employment agreement or the employer’s work rules provide for
a five-day working week, the employer cannot unilaterally reduce the working days

and proportionately reduce the salary paid to the employee. In response to the COVID-19
outbreak, however, employers are trying to develop alternative working arrangements

to avoid the need to reduce workforce during this health and economic crisis, such as
reducing the working week to less than five days. The idea of a four-day workweek has
increasingly been getting momentum in Japan. 10

10 Mizuho Bank, Mizuho Trust & Banking Co., Mizuho Securities Co, and three other concerns under
Mizuho Financial Group’s umbrella started in 2020 allowing staff members to work three or four days per week
if they wish. Employees are paid roughly 60% and 80% of their basic salaries for the respective options: https://www.
japantimes.co.jp/news/2021/01/28/business/four-day-workweek/

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