Consideration on Japanese Employment contracts of Employed Telework in the Global Era(<Special Issue>Globalization and Telework)

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  • NOGUCHI Kunio
    Certified Social Insurance Labor Consultant NOGUCHI, Kunio Office

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  • グローバル時代における日本の雇用型テレワークの労働契約についての一考察(<特集>グローバリゼーションとテレワーク)
  • グローバル時代における日本の雇用型テレワークの労働契約についての一考察
  • グローバル ジダイ ニ オケル ニホン ノ コヨウガタ テレワーク ノ ロウドウ ケイヤク ニ ツイテ ノ イチ コウサツ

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Abstract

This paper attempts to examine what Japanese employment contracts of telework have become today and in the future from a viewpoint of a historical origin of contracts. In advance of globalization, Japanese traditional employment conventions will be not acceptable to both domestically and internationally. We should review ways to work by employment not only from viewpoints inside Japan but also all over the world. In Japan, according to employment law, employment contracts are formally agreements based on job. However, actual operations are practiced on membership contracts. According to the fact that an employee is one of members of his organization, there exist the long-term employment practice and the age-based remuneration system. In other words, it's inconceivable that an employee gets fired just because his position is no longer necessary for his organization. (Doctrines of abuse of rights of dismissal). This is applied only for permanent workers, and non-permanent workers are employed based on job contracts. In addition, now, there are over 30% of workers with non-permanent employment in Japan. Traditional membership contracts focused on permanent employee have limitations. In contrast, it is often said the reason telework does not become common in Japan is that it is difficult for organizations to manage workers. Traditional personnel affairs, managing members belongs to the organization, cannot afford to administer job itself. From the above-mentioned, it is proposed that Japanese employment contracts of telework should be shifted from membership employment contracts to job employment contract in the global age.

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