TOKYO: Japan is witnessing a record number of compensation
claims related to death from overwork, or "karoshi", a phenomenon
previously associated with the long-suffering "salary man" that is
increasingly afflicting young and female employees.
Labor demand, with 1.28 jobs per applicant, is the highest
since 1991, which should help Prime Minister Shinzo Abe draw more people
into the workforce to counter the effect of a shrinking population, but
lax enforcement of labor laws means some businesses are simply
squeezing more out of employees, sometimes with tragic consequences.
Claims for compensation for karoshi rose to a record high of
1,456 in the year to end-March 2015, according to labor ministry data,
with cases concentrated in healthcare, social services, shipping and
construction, which are all facing chronic worker shortages.
Hiroshi Kawahito, secretary general of the National Defense
Counsel for Victims of karoshi, said the real number was probably 10
times higher, as the government is reluctant to recognize such
incidents.
"The government hosts a lot of symposiums and makes posters about the problem, but this is propaganda," he said.
"The real problem is reducing working hours, and the government is not doing enough."
The labor ministry did not respond to requests for comment.
Kawahito, a lawyer who has been dealing with karoshi since the 1980s,
said 95 percent of his cases used to be middle-aged men in white-collar
jobs, but now about 20 percent are women.
Japan has no legal limits on working hours, but the labor
ministry recognizes two types of karoshi: death from cardiovascular
illness linked to overwork, and suicide following work-related mental
stress.
A cardiovascular death is likely to be considered karoshi if an
employee worked 100 hours of overtime in the month beforehand, or 80
hours of overtime in two or more consecutive months in the previous six.
A suicide could qualify if it follows an individual's working 160
hours or more of overtime in one month or more than 100 hours of
overtime for three consecutive months.
Work-related suicides are up 45 percent in the past four years among
those 29 and younger, and up 39 percent among women, labor ministry data
show.
TWO-TIER WORKFORCE
The problem has become more acute as Japan's workforce has divided
into two distinct categories - regular employees, and those on temporary
or non-standard contracts, frequently women and younger people.
In 2015 non-regular employees made up 38 percent of the
workforce, up from 20 percent in 1990, and 68 percent of them were
women.
Lawyers and academic say unscrupulous employers operate a
"bait-and-switch" policy, advertising a full-time position with
reasonable working hours, but later offering the successful applicant a
non-regular contract with longer hours, sometimes overnight or weekends,
with no overtime pay.
Refusing overtime pay and break time are illegal, and the applicant
could refuse the job, but activists say companies tell them they will be
given regular contracts after six months or so.
They say young applicants often accept due to lack of
experience, while women trying to re-enter the workforce after
childbirth often feel it would be difficult to get a foothold elsewhere.
Emiko Teranishi, head of the Families Dealing with Karoshi
support group, said she hears lots of complaints about hiring tactics,
with some companies telling new hires that their salary includes 80
hours of overtime, and they must reimburse the company if they work
less.
“Some people don’t even make minimum wage under this
system,” said Teranishi, whose own husband committed suicide after
working long hours.
Such abuses have become so common in the past 10 years that such companies have been dubbed "black" companies in the media.
Hirokazu Ouchi, a professor at Chukyo University, wrote a
book last year about such companies when he realized some of his
students were being treated illegally at their part-time jobs.
Ouchi said their hiring practices typically follow a similar pattern.
"Companies will hire someone for two to three years, but
they have no intention of investing the time or the money to nurture
that employee," said Ouchi.
He added that the labor ministry lacked the manpower to follow up on complaints.
A ministry official working in corporate surveillance
acknowledged that his department was somewhat short-staffed but the
government was taking steps to recruit more every year. He declined to
give his name as he is not authorized to speak to the media.
Japan's working-age population has been falling since the
mid-1990s, which would normally lead companies to improve working
conditions to attract workers, but Ouchi said it was not happening
because they can get away with bending the rules.
"This is a way for companies to keep labor costs down, but it is also a path that leads to death by overwork," he said.
(This version of the story was refiled to correct typo in paragraph 16 to read employers)
(Editing by Will Waterman)
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