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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

© Wage Cuts

The main effects associated with the novel coronavirus infectious disease
COVID-19 have shifted from “decrease in workdays and working hours” (including

temporary leave) to “decrease in income.” In principle, if an employee is required to
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work from home, the employee should continue to receive his/her full pay and benefits.
However, under certain conditions the employer may be entitled to reduce payment of

its employees.
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Regarding the wage cuts in case of reduction of working hours, the key issue is
whether the cause for reduction in working hours is attributable to the employer.
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If it was, the employer will be subject to certain payment obligations. Section 26 of
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the Labor Standards Law stipulates that “when an employer asks an employee to take
a leave due to a reason attributable to the employer”, the employer must pay at least
60% of the average employee’s pay during the leave period, even if there were reasonable

grounds for such reduction of working days or hours.
With regard to a temporary leave with return to job made at the request of the

employer where the employees are not infected by disease, it should be assumed that

13 Results of the “Survey on the Impact that Spreading Novel Coronavirus Infection has on Work and
Daily Life” (August 26, 2020), The Japan Institute for Labour Policy and Training; https://www.jil.go.jp/english/
special/covid-19/survey/documents/20200826.pdf
14 In a survey 41.6% of non-regular employees responded that their most recent monthly income decreased.
“What Impacts is the COVID-19 Crisis Having on Work and Daily Life?” Japan Labor Issues, Vol.4, No.27,
November-December 2020, p.20.
15 Allowances for absence from work: More than half of respondents indicated “at least half was paid” and
more than 20% indicated “not paid at all.” Results of the “Survey on the Impact that Spreading Novel Coronavirus
Infection has on Work and Daily Life” p.7. when asked if they were ordered to take such “leave” (N=603) were asked
about the payment of an allowance for absence from work from their employer, more than half (54.1%) responded
“paid for at least half of the days absent from work (number of hours absent from work).” The responses “paid for
a portion of days absent from work (hours absent from work)” (21.9%) and “not paid at all (as of the time of the
survey)” (24.0%).
16 In a survey conducted in August 2020 by the JILPT the total of those responding that their monthly
income “decreased” exceeded one fourth (26.7%). Results of the “Survey on the Impact that Spreading Novel
Coronavirus Infection has on Work and Daily Life” (August 2020 Survey, coupling with the respondents of April
Survey and May Survey) (First Aggregation) p.4

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