Haken (employment)

Haken ( 派遣haken ) is the Japanese term for temporary employees dispatched to companies by staffing agencies . [1]

Background

The temporary staffing industry in Japan is regulated by the 1985 Worker Dispatch Law. [2] The original of this law was to regulate the extra-legal system of subcontractor personal dispatching that had become commonplace in the automobile and electronics industries. [3] Designed to allow work-based and temporary staffing in areas that are skilled workers (eg, software specialists), the 1985 law limited temporary staffing to a “white list” of 13 occupations. But following revisions steadily expanded its range of application. Notably, the 1999 revision replaced the “white list” with a short “black list” of occupations where temporary staffing was restricted. This had the effect of opening most of the labor market to the temporary staffing industry. [4] Finally, the 2004 revision removes most of the remaining restrictions on temporary staffing in the manufacturing sector. [5]

The result was an enormous expansion of temporary labor in the Japanese labor market. Between 2000 and 2007, the number of regular employees in Japan declined by about 1.9 million, while the number of nonregular workers increased by about 4.5 million. By 2008, short-term contract and temporary staffing workers had increased to more than 30% of the Japanese labor force. [6]

Types of haken

There are two types of haken:

(1) “Specified worker dispatching undertakings”, whereby a temporary worker is employed on a regular basis.

(2) “General worker dispatching undertakings” means a person who is a temporary worker or a worker; [7]

Layoffs

Haken-giri ( 派遣 切 り ) is the Japanese term for layoffs of temporary employees (haken) dispatched to companies by staffing agencies . In particular, it refers to the financial crisis of 2008, which highlighted recent structural changes in the Japanese labor market and prompted calls for reform of the labor laws. Estimates of the number of layoffs between October 2008 and March 2009, according to the Ministry of Health, Labor and Welfare, [8] to 400,000, according to staffing industry associations. [9] The problem was especially acute because temporary workers enjoyed a lot of the rights and benefits that protect full-time regular employees. For example, at least half of Japan ‘ S non-regular workers are ineligible for unemployment benefits because they have not held their jobs a year or longer. [8] In many cases, both haken and short-term contract workers were laid off before the terms of their contracts, but the lack of penalties was not available through civil lawsuits.

The temporary staffing industry in Japan is regulated by the 1985 Worker Dispatch Law. [10] [11] The original one of this law was to regulate the extra-legal system of subcontractor personal dispatching that had become commonplace in the automobile and electronics industries. [3] Designed to allow work-based and temporary staffing in areas that are skilled workers (eg, software specialists), the 1985 law limited temporary staffing to a “white list” of 13 occupations. But following revisions steadily expanded its range of application. Notably, the 1999 revision replaced the “white list” with a short “black list” of occupations where temporary staffing was restricted. This had the effect of opening most of the labor market to the temporary staffing industry. [4] Finally, the 2004 revision removes most of the remaining restrictions on temporary staffing in the manufacturing sector. [12]

The result was an enormous expansion of temporary labor in the Japanese labor market. Between 2000 and 2007, the number of regular employees in Japan declined by about 1.9 million, while the number of nonregular workers increased by about 4.5 million. By 2008, short-term contract and temporary staffing workers had increased to more than 30% of the Japanese labor force. [6] Public interest in the plight of the laid-off workers peaked around the end of 2008, when 500 unemployed and homeless temporary workers converged on a “New Year’s Haken Tent Village” in Hibiya Park in central Tokyo. Well-known lawyer and consumer advocate Kenji Utsunomiya was declared the “honorary mayor” of the village. According to the organizing committee, many of the workers were in poor physical condition, and were hospitalized with pneumonia. [13] In response, some companies rescind their early layoffs, or at least agree to allow temporary workers to continue living in company dormitories until the period of their contracts. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] Many of the workers were in poor physical condition, and were hospitalized with pneumonia. [13] In response, some companies rescind their early layoffs, or at least agree to allow temporary workers to continue living in company dormitories until the period of their contracts. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] Many of the workers were in poor physical condition, and were hospitalized with pneumonia. [13] In response, some companies rescind their early layoffs, or at least agree to allow temporary workers to continue living in company dormitories until the period of their contracts. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] And eight were hospitalized with pneumonia. [13] In response, some companies rescind their early layoffs, or at least agree to allow temporary workers to continue living in company dormitories until the period of their contracts. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] And eight were hospitalized with pneumonia. [13] In response, some companies rescind their early layoffs, or at least agree to allow temporary workers to continue living in company dormitories until the period of their contracts. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] At the time of their appointment. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] At the time of their appointment. But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14] But the widespread public perception that large corporations had failed to live up to their social responsibilities led to calls for reform of the labor laws. In February, the Tokyo Bar Association issued a 10-point statement calling for reforms such as restoration of the “white list” of skilled occupations, an upper limit on margins levied by staffing agencies, prohibition of dispatching within corporate groups, and stricter penalties for Early layoffs. [14]

Revisions of Worker Dispatch Law

In 2010 the Japanese government has indicated that it will revise the Worker Dispatch Law in regard to temporary employees. The main points of the revision centered on:

(1) problematic registration-type dispatches will be prohibited in principle;

(2) dispatches to manufacturing industries will be banned in principle, except for regular-type long-term employment;

(3) day labor dispatches and dispatches shorter than two months shall be banned in principle; and

(4) in the case of illegal dispatch, the user company or other user organization will be obliged to offer an employment contract to the dispatched worker. [15]

In 2015 further revisions came into effect, which were seen as a joint injury for temporary workers and were expected to increase industry’s use of such labor. [16]

Notes

  1. Jump up^ Asia Times Online websiteJapan’s time may be new deal, of sortsRetrieved on June 20, 2012
  2. Jump up^ “Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers” (PDF) . Japanese Cabinet Secretariat. March 2007 . Retrieved 2009-04-03 .
  3. ^ Jump up to:a b Protected Employment Economies, pp. 8-9
  4. ^ Jump up to:a b Protected Employment Economies, p. 15
  5. Jump up^ “Overview of Revisions to Worker Dispatching Law” (PDF) (in Japanese). Ministry of Health, Labor and Welfare. 2004 . Retrieved 2009-04-03 .
  6. ^ Jump up to:a b Nariai, Osamu (June 2008). “Problems With Employment” . Japan Echo . 35 (3). Archived from the original on 2009-04-02 . Retrieved 2009-04-03 .
  7. Jump up^ Osaka Information Service For Foreign Residents websiteLabor ContractRetrieved on June 20, 2012
  8. ^ Jump up to:a b Fackler, Martin (February 7, 2009). “In Japan, New Jobless May Lack Safety Net” . New York Times . Retrieved 2009-04-13 .
  9. Jump up^ “Industry Associations Forecast 400,000 Temporary and Contract Job Losses in Manufacturing” (in Japanese). Asahi Shinbun. January 1, 2009 . Retrieved 2009-04-03 . Dead link ]
  10. Jump up^ “Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers” (PDF) . Japanese Cabinet Secretariat. March 2007 . Retrieved 2009-04-03 .
  11. Jump up^ Shire, Karen; Van Jaarsveld, Danielle D. (2008). “The Temporary Staffing Industry in Protected Employment Economies: Germany, Japan and the Netherlands”. 2008 Industry Studies Conference Paper. SSRN  1126820  .
  12. Jump up^ “Overview of Revisions to Worker Dispatching Law” (PDF) (in Japanese). Ministry of Health, Labor and Welfare. 2004 . Retrieved 2009-04-03 .
  13. Jump up^ Gaskins, Cory (January 8, 2009). “It takes a village to move a ministry” . Japan Inc . Retrieved 2009-04-03 .
  14. Jump up^ “Position Statement on Reform of the Worker Dispatch Law” (in Japanese). Tokyo Bar Association. February 9, 2009 . Retrieved 2009-04-03 .
  15. Jump up^ “Cabinet Approves Bill for Partially Revising Worker Dispatch Law,” March 30, 2010, Japanese International Labor Federation website
  16. Jump up^ Okunuki, Hifumi (27 September 2015). “Legal change will make temp purgatory permanent for many Japanese workers” . The Japan Times . The Japan Times . Retrieved 14 June 2016 .

References

  • Shire, Karen; Van Jaarsveld, Danielle D. (2008). “The Temporary Staffing Industry in Protected Employment Economies: Germany, Japan and the Netherlands”. 2008 Industry Studies Conference Paper. SSRN  1126820  .

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