Where Minimum Standards Melt Down The Quiet Demolition Debate Over Labor Law 2020s

Where Minimum Standards Melt Down The Quiet Demolition Debate Over Labor Law 2020s

The current debate over the Labor Standards Law has reached a point where the very idea of minimum standards, rather than detailed revisions to the system, may be in retreat. The Labor Standards Law has protected workers in a weak position by stipulating conditions that the state must not lower, even if labor and management agree to them. This premise is now being shaken under the guise of deregulation and flexibility.

Against the backdrop of the diversification of work styles, there are indications that the uniformity of legal restrictions on telework, side jobs, and discretionary work will be weakened and left to labor-management agreements. While the need to adapt the system to reality certainly exists, if the design relies more extensively on agreements, the imbalance in power relations is more likely to be reflected directly in working conditions. If minimum standards cease to function as a common foundation, the devaluation of conditions will quietly proceed.

At the heart of the problem lies the idea of expanding exceptions and adjustments to the law under the guise of emphasizing labor-management communication and voluntary agreements. If the unit of agreement is removed from the workplace, the actual situation becomes less visible, and if the worker representatives are a formality, the agreement will not be deterred. As these small changes accumulate, the Labor Standards Law risks losing substance while retaining its framework.

Regulation of working hours is another important issue. Rather than increasing the number of exceptions and allowing longer working hours, the original improvement measure is to shorten the legal working hours and maintain a strict upper limit on overtime work. In the case of telework, it is essential to grasp the actual working hours, and without clear rules to ensure health, side jobs and dual employment may contribute to overwork.

The process of system revision itself is also being questioned. If discussions are conducted solely by experts and a few interested parties, the impact on the workplace is likely to be overlooked. Unless the experiences and concerns of working people are made visible and a transparent legislative process with accountability is ensured, it will be difficult to restore minimum standards after they are lost in the name of flexibility. The question of where to place the foundations of labor law now poses a real challenge.