「はま寿司」に労基署が是正勧告 →労働時間切り捨てで賃金未払い
Popular sushi chain Hama Sushi has reportedly received a corrective order from the Labor Standards Inspection Office.
The issue stems from the company arbitrarily truncating employees' working hours, leading to unpaid wages.
This news has sparked widespread online discussion, drawing renewed attention to labor practices in the dining industry.
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Labor Standards Inspection Office (Rosho)
The Labor Standards Inspection Office, commonly known as "Rosho," is an administrative agency established under Japan's Ministry of Health, Labour and Welfare. Its primary role is to oversee whether companies properly comply with labor-related laws and regulations, including the Labor Standards Act. Its duties are diverse, ranging from on-site inspections of companies, verification of accounting records, and receiving consultations from workers, to issuing corrective recommendations and guidance for violations. In serious cases, it can even take legal action such as referring cases to prosecutors. In the Hama Sushi case, Rosho is believed to have investigated suspected violations of the Labor Standards Act, such as inadequate working hour management and unpaid wages, and subsequently issued a corrective recommendation. Rosho serves as a crucial last resort for workers who have been treated unfairly and exerts significant pressure on companies to maintain a sound working environment. Their activities are essential for protecting workers' rights and enhancing companies' awareness of legal compliance.
Corrective Order/Recommendation
A corrective order (or recommendation) is a type of administrative guidance issued by the Labor Standards Inspection Office to instruct companies to rectify violations of labor-related laws and regulations, such as the Labor Standards Act. While it doesn't directly carry legal binding force, non-compliance or a lack of improvement can lead to more severe administrative penalties or even referral to prosecutors (criminal charges). A corrective order specifies the particular violation (e.g., unpaid wages, unpaid overtime, excessive working hours, inadequate working hour management), proposed corrective measures, and a deadline for improvement. Upon receiving the recommendation, companies are obligated to submit an improvement plan and actually rectify the issues. In Hama Sushi's case, unpaid wages due to truncated working hours were reportedly the subject of the corrective order. A corrective order not only damages a company's reputation but also entails significant economic burdens, such as implementing preventive measures and paying back unpaid wages, thus carrying serious implications for businesses.
Truncation of Working Hours
Truncation of working hours refers to the act of companies failing to accurately record employees' actual working hours, intentionally counting them as shorter, or under-reporting working hours through rounding. The Labor Standards Act generally mandates that working hours be calculated in one-minute increments and wages paid accordingly. For example, even if an employee is a few minutes late for the start of work or works a few minutes overtime after closing, every single minute and second should be treated as working time. However, some companies have a practice of managing working hours in "15-minute units" or "30-minute units," rounding down any fractions less than these units. This issue is particularly common in industries with many shift workers or part-time employees, such as restaurants and retail, and the Hama Sushi case is considered a typical example. Such truncation deprives employees of fair compensation for their labor, leading to substantial unpaid wages when accumulated. It is a serious problem that not only lowers employee motivation and increases a company's risk of legal violations but also results in a loss of social credibility, as seen in the corrective order issued by the Labor Standards Inspection Office.