Slow Progress on Overtime Regulations
The other day, while reading *Nikkei Construction*, a piece of data caught my eye. It was released by the Japan Construction Industry Federation (JCI) in September 2022, and according to that data, it is clear that progress on overtime regulations has been slow.
Some major companies have begun implementing these regulations as early as 2022, and it does appear that they are moving forward with overtime restrictions. However, data released by the Japan Construction Industry Federation revealed that approximately 60 percent of non-managerial employees were working beyond the established limits.
This survey is based solely on data from companies that are members of the Japan Construction Industry Federation (JCI), and we believe the actual figures are likely much higher. There are many small and medium-sized construction companies that are not members of the JCI, and for the people working at those companies, overtime regulations may still seem like “someone else’s problem.”
However, starting in April 2024, overtime regulations will apply to all companies, regardless of size. If you think, “We’ll be fine,” you might find yourself frequently facing complaints that you’re not in compliance.
If that happens, in the worst-case scenario, the company could go bankrupt. It’s also possible that the company could be blacklisted by clients and shunned by both new graduates and mid-career job seekers, leaving it with no one willing to join the company…
Is it really okay for companies that haven't taken any measures yet to just carry on as they are?
They make it look like they aren't working overtime, but in reality...
I’ve experienced this myself in the past, and I suspect there are still many cases where employees pretend they aren’t working overtime when they actually are, or where supervisors are making them work unpaid overtime.
I wonder if there aren’t some bosses who, on the surface, tell outsiders, “I’m not working overtime! I’m staying under 45 hours a month!” but behind the scenes are telling their subordinates, “Work harder! It’s not even 8:00 p.m. yet! There’s still plenty of time left tonight!”
That said, what I just wrote is something I heard from an acquaintance, and I believe this is just the tip of the iceberg.
Especially now that telework has become widespread, I suspect there are quite a few people who report shorter overtime hours on their timesheets even though they’re actually still working past midnight.
Falsification of work schedules has been around for a long time, but I get the feeling that it’s now sinking deeper and deeper into the shadows and rarely—if ever—comes to light.
Of course, there are companies that are taking a proactive approach. As part of work-style reforms, there are likely companies and individuals who are working to eliminate the falsification of work schedules and the concealment of overtime.
I wonder how things are at your companies. Could it be that they’re pretending to implement overtime regulations, but are actually hiding the truth?
The ”Unexpected Question” I Was Asked During a Labor Standards Inspection”
At a worksite where I used to work, the Labor Standards Inspection Office once conducted an unannounced inspection. Of course, it was unannounced—an inspector suddenly visited the site office, and the inspection took place.
As usual, they checked the safety measures, the status of documentation, and the conditions on-site. Just as I was thinking, “Is that it?”, they asked, “What’s the status of overtime hours? And how are the timesheets being entered?”
I remember that all of us on-site staff were surprised because it was something we had never been asked before. When we received that question, it really drove home the message that “from now on, the Labor Standards Inspection Office will be scrutinizing working hours during on-site inspections.”
Since we’re still in the grace period, there will be no penalties (though you will face penalties if you go too far), but starting in April 2024, there will be no more leeway.
