◆You can’t be too sure
Discussions are likely to proceed in the direction of removing the new corona infection from the list of designated infectious diseases. However, there are many companies that have already been hit hard since the state of emergency was declared, and the future economic recovery is not expected to improve rapidly, and a wave of bankruptcies and dismissal is expected to arrive with a time lag.
As we head into winter, there may be an increase in the number of people infected with the new corona virus, an increase in the infectivity of the virus due to its mutation, and outbreaks of infectious diseases caused by other viruses.
Even if a company is managing to hold its own for now, depending on the strength of the company and the future situation, it may have no choice but to consider the elimination of full-time employees due to the downturn in performance caused by the corona disaster.
No matter how much you say, “Because it’s Corona. Even if we say “it’s an emergency,” in court cases, a decline in performance due to Corona will most likely be treated as a dismissal for management reasons, not as a natural disaster or other unavoidable reason. As you know, the dismissal of a permanent employee is judged based on strict requirements (factors) (the four elements of dismissal).
◆Avoid dismissal whenever possible
One of these four elements is “implementation of the obligation to make efforts to avoid dismissal”. When implementing the dismissal process, you should seek and prepare for measures that can be taken to secure employment as much as possible (and reduce the burden on the worker as much as possible, even if you have no choice but to dismiss them).
There are many possible strategies, such as
*Transfer due to transfer or secondment, etc.
*Ordered to stay home by paying absence allowance (furloughs, outplacement leave, etc.)
*Payment of a lump-sum severance payment equivalent to absence allowance and termination of the employment contract by agreement
*Recommendation to resign by proposing additional severance packages, etc., in consideration of the risk of litigation.
◆Check the work rules and regulations
In addition, it is important that the treatment of wages at the time of furloughs (a provision to reduce the amount of absence allowance) and the possibility of dismissal in the event of corona and other situations should be clearly stated in the employment regulations and individual labor contracts as a precondition for taking such measures.
You should also prepare briefing materials and materials to persuade employees to dismiss the employee in advance in case of a dismissal due to Corona or other reasons.
A more detailed FAQ that can be used by human resources and general affairs personnel to respond to questions from employees about the handling of human resources and labor issues in the event of a corona or disaster, etc., will enable the company to respond in a consistent manner and reduce the burden on the personnel in charge.
