HR Audit and Screening for Listing
The Trend in Recent Screening for Listing - Labor-Management Relationships -

A not insignificant number of companies preparing for listing are lagging in their observation of labor-related laws and regulations. The observation of those laws and regulations is an important area to be confirmed in the screening process, due to recent revisions in labor laws and regulations in view of protecting workers. A company aiming at listing, therefore, is required to provide and maintain a system of observation of labor-related laws and regulations.

The Trend in Screening for Listing
A system of observation of labor-related laws and regulations is an important part of recent screening for listing. In the screening, the following important labor-related items are to be confirmed:

(1) To confirm whether overtime hours are counted and payment therefor is made according to internal company regulations;
--> Rounding off fractions in calculating overtime hours is allowed when processing less than 1 hour over a month, however, applying this method on a daily basis causes a problem since it puts workers at a disadvantage.

(2) To confirm whether there are any outstanding allowances for overtime work, etc. for past years;
--> If there are, you may be required to settle accounts retroactively for 2 years (the statute of limitations for allowance for overtime work).

(3) To confirm whether employees are made to take legal holidays and compensatory days off;
--> You may be required to settle back pay for outstanding holiday working allowances retroactively for the past 2 years.

(4) To confirm whether the office regulations, the 36 Agreement, etc. are filed to the competent labor standards administration office, or whether actual working conditions are consistent with documents filed by you;
--> When actual working hours are inconsistent with the 36 Agreement, it may cause a problem in the screening for listing.

(5) To confirm whether the provisions that the yearly payment includes allowances for overtime work, late night work and holiday work are specified, in the case of an annual salary system;
--> Even if the yearly payment includes the above-mentioned allowances, it may be invalid if each item is not specified in detail.

Above are just an outline of labor-related items. For further information, please contact us at labor-consultant.com or tokyo-hr.com