Apply labor laws and workers' compensation insurance to domestic workers!
Apply labor laws and workers' compensation insurance to domestic workers!
署名活動の主旨
The bereaved family of an overworked worker, supported by the NPO POSSE and the Industrial Injuries Compensation Union (General Support Union Industrial Injuries Branch), is filing a lawsuit against the government to seek workers' compensation certification.
In the spring of 2015, an elderly woman who worked as a domestic worker in a week-long, 24-hour captive labor program passed away. However, the government has not recognized her death as death from overwork, claiming that the Labor Standards Law and workers' compensation insurance do not apply to domestic workers. This is because the current Labor Standards Law and workers' compensation insurance exempt domestic workers.
Currently in Japan, due to the increase in dual-earner households and the declining birthrate and aging population, the household chore service market is expanding drastically. The market size is estimated to be approximately 69.8 billion yen (in 2017), and it is said that the future market size could expand to at least 200 billion yen and up to 800 billion yen (Nomura Research Instituあte, “Estimated Market Size of Housework Support Service Industry” issued in 2018).
However, there are many domestic workers like Ms. A, who has passed, who are forced to work without basic human rights because their rights as workers are not recognized.
Unsatisfied with the government's decision not to pay the compensation, the bereaved family filed a lawsuit against the government in March 2020 and has been fighting against the government. The decision was handed down by the Tokyo District Court on September 29, 2022.
The trial was widely reported in the media on September 6, 2022 (“After the Sudden Death of His Wife, the Husband Wants State to Withdraw ‘Exception’ to Labor Standards Law,” District Court Ruling, Near Tokyo, September 6, 2022).
This case will have a significant impact on improving the working environment for women and the elderly. We hope that many people will learn about this case, and we ask you to sign the petition to eliminate overwork deaths from our society. We plan to submit the signatures not only to the court, but also to the Ministry of Health, Labor and Welfare (MHLW) and other government agencies.
◆Outline of the case
On the night of May 27, 2015, Ms. A (68 years old at the time), who worked as a housekeeper and elderly-care helper, was delivered to the hospital when she collapsed at a bathing facility she was visiting, and died of an acute myocardial infarction the following day.
Ms. A was working as a live-in helper at the private home of a bedridden elderly person suffering from dementia (level of care required was “5”, the highest level), who was introduced to her by Company Y. Because of the need for constant care, she worked almost 24 hours a day, 7 days a week from the 20th to the 26th of 2015, cleaning, washing, preparing meals, caring for the elderly, and other housekeeping and nursing duties.
She was responsible for the diverse, highly specialized, and highly responsible care work only on her own.
The “job offer and notice of working conditions contract” stated that the break time was only from midnight to 5:00 a.m., which stated that the worker was only supposed to take 5 hours of rest out of 24 hours. Furthermore, Ms. A's colleague said, “The housekeeper who was dispatched to the house had to deal with diaper changes every two hours and periodic incontinence, in addition to not being able to get a good night's sleep”. That being said, they were forced to work 24 hours a day and were never released from their labor. From this testimony, it is clear that Ms. A was forced to work almost around the clock.
Believing that Mr. A's death was caused by her working environment, the bereaved family filed an application for workers' compensation with the Shibuya Labor Standards Inspection Office in May 2017, but the decision was denied in January 2018. The subsequent appeal process, a request for review and a request for re-examination, was also rejected by the government.
The reason given was that Ms. A fell under the category of a “domestic servant” under Article 116, Paragraph 2 of the Labor Standards Law, and was therefore exempt from the application of the said law and the Industrial Injuries Compensation Insurance Law. The bereaved family claimed that it was unfair that domestic workers were not entitled to workers' compensation even though their deaths were caused by overwork.
[History of our activity]
August 2013 Ms. A joined Company Y, a Tokyo-based company that provides in-home care support services and housekeeping services for the elderly people who require nursing care.
May 20-26, 2015: Worked as a live-in worker at a private home for 6 days, 24 hours a day, almost without a break.
May 27, 2015 Collapsed in a bathing facility and was rushed to the emergency room.
May 28, 2015 Dies of acute myocardial infarction.
May 2017 The bereaved family applied for workers' compensation at the Shibuya Labor Standards Inspection Office.
January 2018, a decision was made not to grant workers' compensation. Subsequent requests for a hearing and re-examination were also rejected.
March 2020: The bereaved family filed a lawsuit against the government in the Tokyo District Court, seeking recognition of workers' compensation.
September 29, 2022: Tokyo District Court Decision
◆Definition of “domestic servant” under the Labor Standards Law
Article 116, paragraph 2 of the Labor Standards Law (enacted in 1947) stipulates that “This Law shall not apply to domestic servants in businesses employing only relatives living together. It stipulates that If a worker has a direct contract with a private household and receives compensation for their work, they are considered a “domestic servant” and is not covered by the Labor Standards Law or workers' accident compensation insurance.
On the other hand, Basic No. 150 of the Ministry of Health, Labor and Welfare (MHLW) states, “A person who is employed by a person who undertakes household work in a private household as a business and performs such work under the direction and order of such person is not considered a domestic servant. Not all domestic workers are “domestic servants.” If they have a contract with an intermediary company and receive compensation under its direction, they are not considered “domestic servants” but workers are covered by the Labor Standards Law and workers' compensation insurance.
→Ms. A was given detailed “work instructions” by Company Y and received instructions and orders from Company Y. Compensation was also paid directly to Ms. A by Company Y, and a monthly commission was also collected. In reality, she was employed by Company Y. Judging from this situation, we argue that Ms. A was not a “domestic servant” and should be covered by the Labor Standards Law and workers' accident compensation insurance as a “worker”.
◆Current Labor Standards Law dissociated from the actual situation and the expansion of the problem
Furthermore, we believe that the current situation in which the Labor Standards Law and workers' compensation insurance are not applied to “domestic servants” according to Article 116, Paragraph 2 of the Labor Standards Law is ridiculous. In the past, there were “domestic servants” who lived and worked in private homes for long periods of time, as contemplated by the Labor Standards Law, but today they work as “workers” in private homes through referral agencies and other means.
If “domestic servants” were exempted from the application of the Labor Standards Law and workers' accident compensation insurance, as is currently the case, they would work in a state where “standards concerning wages, working hours, rest and other working conditions” are not set, and there would be no relief in the event of an industrial injuries or other accident.
Ms. A was forced to work 24 hours a day and died because of the work environment. If this law remains as it is, there may be many more domestic workers like Ms. A who will be forced to work 24/7 and die from overwork and receive no relief.
◆To improve the environment for many female domestic workers
As is the case with Ms. A, most domestic workers are women. Although the government has not fully grasped the actual situation of domestic workers, and there have only been few surveys, etc., the 2015 census reported that there are approximately 11,000 domestic workers (“housekeeper” in the statistics) in Japan, 97% of whom are women (since it is impossible to grasp all individual contracts, this figure is also expected to be the tip of the iceberg, as not all individual contracts can be ascertained). In reality, many female domestic workers are working while no rights are guaranteed.
On the other hand, unlike in Japan, the rights of domestic workers have been expanding internationally, and since the mid-2000s, women's groups, labor unions, and NGOs have been working together to improve the treatment of domestic workers internationally.
Since the mid-2000s, women's groups, labor unions, NGOs, and others have been working together to improve the international treatment of domestic workers, and in June 2011, the ILO's 100th General Conference adopted the “Convention on Adequate Work for Domestic Workers (Convention 189)”. The Convention stipulates that domestic workers should have the same basic labor rights as other workers, including “the right to a safe and healthy working environment” and “working hours equal to those of ordinary workers.
However, Japan has not yet ratified the Convention and has received recommendations from the UN Committee on the Elimination of Discrimination against Women, but there has been no movement to improve the situation.
◆The increasing numbers of work-related injuries of the elderly workers
Another point of contention in this trial is the issue of workers' compensation for the elderly workers. In 2021, the number of elderly workers aged 60 and over who died in work-related accidents reached 360, accounting for 43.3% of all deaths due to work-related accidents (according to the 2021 report on work-related accidents involving elderly workers). The number of elderly people who are forced to work to pay medical and living expenses continues to increase due to reductions in social welfare, and the number of elderly people who lose their lives in this situation is also on the stark rise. This trial should be used as an opportunity to change our society to one in which everyone can work in a safe environment, no matter how old they are.
◆Plaintiff's Comment
I just want the court to recognize that my wife, who worked so hard as a domestic worker, was a “worker” to whom the Labor Standards Law and workers' compensation insurance should apply. The majority of those working as domestic workers are women, and they are performing socially essential “care work” while being placed outside the protection of the law. I want to contribute to the improvement of the working environment for women who are still systematically discriminated against, and I do not want what happened to my wife to happen in the future.
In addition to hoping for a good verdict, I also want to change the current legal system inadequacies that prevent the application of the Labor Standards Law and workers' compensation insurance to domestic workers in the first place.
---------- ---- -------------------------
◆For consultation related to death by overwork or to volunteer for support, please contact the following
In Japan, nearly 200 people die each year from workplace work environment-related causes such as overwork, overwork-related suicide, and harassment-related suicide, even if only recognized by the government. However, it is said that behind the deaths are thousands or tens of thousands of bereaved families who cannot take action because they do not know what to do even if they believe the deaths were caused by overwork, and victims of workplace injuries who want to apply for workers' compensation but are blocked from doing so by their companies or are unable to gather evidence.
In the case of death from overwork, workplace injuries, or illnesses including mental illness, the government will conduct an investigation only after the bereaved family or the person himself/herself applies to the government for a work-related injury, and the government will determine whether the illness is a work-related injury or not.
To do so, it is necessary to gather evidence, etc., but we believe that it is time-consuming and mentally burdensome for a single person or a family member to do it alone. You may not be able to imagine what it would be like to go to court or apply for workers' compensation, or you may not want to go that far, but if you think that you may have died from overwork or that this may be a case of workers' compensation, you may want to think about what you can do. However, if you think that you may have been killed by overwork or that this may be a work-related injury, please contact POSSE's free consultation service, even if you just want to find out what possible solutions are available to you. There is no consultation fee. We will respond to your request in strict confidentiality.
In addition, POSSE students and young adults are playing a central role in our efforts to address the issue of death by overwork, including our support for the death by overwork trial. They plan and organize the support for the hearing at each trial date, disseminate information on the issue, prepare for press conferences, and create online signatures.
In addition, POSSE students and young working adults are playing a central role in our efforts to address the issue of death by overwork, including support for the recent death by overwork trial. They are planning and examining the plan to support the trial, disseminate information on the issue, prepare for the press conference, and create online petitions.
If you are a student or a young adult who wants to change the society where people lose their lives due to overwork, please contact us for volunteer opportunities. Let's change the current society together.
NPO POSSE
Death by overwork consultation page: https://www.npoposse.jp/karoshi-workplaceinjuries
Volunteer recruitment page: https://www.npoposse.jp/volunteer
Consultation phone:03-6699-9359 (weekdays 17:00-21:00 / Sundays and holidays 13:00-17:00, closed Wednesdays and Saturdays)
03-6699-9375 (for interviews, etc., please contact us)
Consultation e-mail: info@npoposse.jp
Volunteer request e-mail: volunteer@npoposse.jp
Address: 201 Rosenheim Shimo-Kitazawa, 4-17-15 Kitazawa, Setagaya-ku, Tokyo 155-0031
◆Let us know about your experience!
If you have any comments on this issue or stories of your own difficulties in working or doing domestic work at home with the hashtag “#Establish Workers' Compensation Insurance and Labor Standards Law for Domestic Workers”, please share them on Twitter or other social networking sites!
Let's make visible the harsh reality of “domestic labor” that is neglected by society. We appreciate your cooperation!
37,318
署名活動の主旨
The bereaved family of an overworked worker, supported by the NPO POSSE and the Industrial Injuries Compensation Union (General Support Union Industrial Injuries Branch), is filing a lawsuit against the government to seek workers' compensation certification.
In the spring of 2015, an elderly woman who worked as a domestic worker in a week-long, 24-hour captive labor program passed away. However, the government has not recognized her death as death from overwork, claiming that the Labor Standards Law and workers' compensation insurance do not apply to domestic workers. This is because the current Labor Standards Law and workers' compensation insurance exempt domestic workers.
Currently in Japan, due to the increase in dual-earner households and the declining birthrate and aging population, the household chore service market is expanding drastically. The market size is estimated to be approximately 69.8 billion yen (in 2017), and it is said that the future market size could expand to at least 200 billion yen and up to 800 billion yen (Nomura Research Instituあte, “Estimated Market Size of Housework Support Service Industry” issued in 2018).
However, there are many domestic workers like Ms. A, who has passed, who are forced to work without basic human rights because their rights as workers are not recognized.
Unsatisfied with the government's decision not to pay the compensation, the bereaved family filed a lawsuit against the government in March 2020 and has been fighting against the government. The decision was handed down by the Tokyo District Court on September 29, 2022.
The trial was widely reported in the media on September 6, 2022 (“After the Sudden Death of His Wife, the Husband Wants State to Withdraw ‘Exception’ to Labor Standards Law,” District Court Ruling, Near Tokyo, September 6, 2022).
This case will have a significant impact on improving the working environment for women and the elderly. We hope that many people will learn about this case, and we ask you to sign the petition to eliminate overwork deaths from our society. We plan to submit the signatures not only to the court, but also to the Ministry of Health, Labor and Welfare (MHLW) and other government agencies.
◆Outline of the case
On the night of May 27, 2015, Ms. A (68 years old at the time), who worked as a housekeeper and elderly-care helper, was delivered to the hospital when she collapsed at a bathing facility she was visiting, and died of an acute myocardial infarction the following day.
Ms. A was working as a live-in helper at the private home of a bedridden elderly person suffering from dementia (level of care required was “5”, the highest level), who was introduced to her by Company Y. Because of the need for constant care, she worked almost 24 hours a day, 7 days a week from the 20th to the 26th of 2015, cleaning, washing, preparing meals, caring for the elderly, and other housekeeping and nursing duties.
She was responsible for the diverse, highly specialized, and highly responsible care work only on her own.
The “job offer and notice of working conditions contract” stated that the break time was only from midnight to 5:00 a.m., which stated that the worker was only supposed to take 5 hours of rest out of 24 hours. Furthermore, Ms. A's colleague said, “The housekeeper who was dispatched to the house had to deal with diaper changes every two hours and periodic incontinence, in addition to not being able to get a good night's sleep”. That being said, they were forced to work 24 hours a day and were never released from their labor. From this testimony, it is clear that Ms. A was forced to work almost around the clock.
Believing that Mr. A's death was caused by her working environment, the bereaved family filed an application for workers' compensation with the Shibuya Labor Standards Inspection Office in May 2017, but the decision was denied in January 2018. The subsequent appeal process, a request for review and a request for re-examination, was also rejected by the government.
The reason given was that Ms. A fell under the category of a “domestic servant” under Article 116, Paragraph 2 of the Labor Standards Law, and was therefore exempt from the application of the said law and the Industrial Injuries Compensation Insurance Law. The bereaved family claimed that it was unfair that domestic workers were not entitled to workers' compensation even though their deaths were caused by overwork.
[History of our activity]
August 2013 Ms. A joined Company Y, a Tokyo-based company that provides in-home care support services and housekeeping services for the elderly people who require nursing care.
May 20-26, 2015: Worked as a live-in worker at a private home for 6 days, 24 hours a day, almost without a break.
May 27, 2015 Collapsed in a bathing facility and was rushed to the emergency room.
May 28, 2015 Dies of acute myocardial infarction.
May 2017 The bereaved family applied for workers' compensation at the Shibuya Labor Standards Inspection Office.
January 2018, a decision was made not to grant workers' compensation. Subsequent requests for a hearing and re-examination were also rejected.
March 2020: The bereaved family filed a lawsuit against the government in the Tokyo District Court, seeking recognition of workers' compensation.
September 29, 2022: Tokyo District Court Decision
◆Definition of “domestic servant” under the Labor Standards Law
Article 116, paragraph 2 of the Labor Standards Law (enacted in 1947) stipulates that “This Law shall not apply to domestic servants in businesses employing only relatives living together. It stipulates that If a worker has a direct contract with a private household and receives compensation for their work, they are considered a “domestic servant” and is not covered by the Labor Standards Law or workers' accident compensation insurance.
On the other hand, Basic No. 150 of the Ministry of Health, Labor and Welfare (MHLW) states, “A person who is employed by a person who undertakes household work in a private household as a business and performs such work under the direction and order of such person is not considered a domestic servant. Not all domestic workers are “domestic servants.” If they have a contract with an intermediary company and receive compensation under its direction, they are not considered “domestic servants” but workers are covered by the Labor Standards Law and workers' compensation insurance.
→Ms. A was given detailed “work instructions” by Company Y and received instructions and orders from Company Y. Compensation was also paid directly to Ms. A by Company Y, and a monthly commission was also collected. In reality, she was employed by Company Y. Judging from this situation, we argue that Ms. A was not a “domestic servant” and should be covered by the Labor Standards Law and workers' accident compensation insurance as a “worker”.
◆Current Labor Standards Law dissociated from the actual situation and the expansion of the problem
Furthermore, we believe that the current situation in which the Labor Standards Law and workers' compensation insurance are not applied to “domestic servants” according to Article 116, Paragraph 2 of the Labor Standards Law is ridiculous. In the past, there were “domestic servants” who lived and worked in private homes for long periods of time, as contemplated by the Labor Standards Law, but today they work as “workers” in private homes through referral agencies and other means.
If “domestic servants” were exempted from the application of the Labor Standards Law and workers' accident compensation insurance, as is currently the case, they would work in a state where “standards concerning wages, working hours, rest and other working conditions” are not set, and there would be no relief in the event of an industrial injuries or other accident.
Ms. A was forced to work 24 hours a day and died because of the work environment. If this law remains as it is, there may be many more domestic workers like Ms. A who will be forced to work 24/7 and die from overwork and receive no relief.
◆To improve the environment for many female domestic workers
As is the case with Ms. A, most domestic workers are women. Although the government has not fully grasped the actual situation of domestic workers, and there have only been few surveys, etc., the 2015 census reported that there are approximately 11,000 domestic workers (“housekeeper” in the statistics) in Japan, 97% of whom are women (since it is impossible to grasp all individual contracts, this figure is also expected to be the tip of the iceberg, as not all individual contracts can be ascertained). In reality, many female domestic workers are working while no rights are guaranteed.
On the other hand, unlike in Japan, the rights of domestic workers have been expanding internationally, and since the mid-2000s, women's groups, labor unions, and NGOs have been working together to improve the treatment of domestic workers internationally.
Since the mid-2000s, women's groups, labor unions, NGOs, and others have been working together to improve the international treatment of domestic workers, and in June 2011, the ILO's 100th General Conference adopted the “Convention on Adequate Work for Domestic Workers (Convention 189)”. The Convention stipulates that domestic workers should have the same basic labor rights as other workers, including “the right to a safe and healthy working environment” and “working hours equal to those of ordinary workers.
However, Japan has not yet ratified the Convention and has received recommendations from the UN Committee on the Elimination of Discrimination against Women, but there has been no movement to improve the situation.
◆The increasing numbers of work-related injuries of the elderly workers
Another point of contention in this trial is the issue of workers' compensation for the elderly workers. In 2021, the number of elderly workers aged 60 and over who died in work-related accidents reached 360, accounting for 43.3% of all deaths due to work-related accidents (according to the 2021 report on work-related accidents involving elderly workers). The number of elderly people who are forced to work to pay medical and living expenses continues to increase due to reductions in social welfare, and the number of elderly people who lose their lives in this situation is also on the stark rise. This trial should be used as an opportunity to change our society to one in which everyone can work in a safe environment, no matter how old they are.
◆Plaintiff's Comment
I just want the court to recognize that my wife, who worked so hard as a domestic worker, was a “worker” to whom the Labor Standards Law and workers' compensation insurance should apply. The majority of those working as domestic workers are women, and they are performing socially essential “care work” while being placed outside the protection of the law. I want to contribute to the improvement of the working environment for women who are still systematically discriminated against, and I do not want what happened to my wife to happen in the future.
In addition to hoping for a good verdict, I also want to change the current legal system inadequacies that prevent the application of the Labor Standards Law and workers' compensation insurance to domestic workers in the first place.
---------- ---- -------------------------
◆For consultation related to death by overwork or to volunteer for support, please contact the following
In Japan, nearly 200 people die each year from workplace work environment-related causes such as overwork, overwork-related suicide, and harassment-related suicide, even if only recognized by the government. However, it is said that behind the deaths are thousands or tens of thousands of bereaved families who cannot take action because they do not know what to do even if they believe the deaths were caused by overwork, and victims of workplace injuries who want to apply for workers' compensation but are blocked from doing so by their companies or are unable to gather evidence.
In the case of death from overwork, workplace injuries, or illnesses including mental illness, the government will conduct an investigation only after the bereaved family or the person himself/herself applies to the government for a work-related injury, and the government will determine whether the illness is a work-related injury or not.
To do so, it is necessary to gather evidence, etc., but we believe that it is time-consuming and mentally burdensome for a single person or a family member to do it alone. You may not be able to imagine what it would be like to go to court or apply for workers' compensation, or you may not want to go that far, but if you think that you may have died from overwork or that this may be a case of workers' compensation, you may want to think about what you can do. However, if you think that you may have been killed by overwork or that this may be a work-related injury, please contact POSSE's free consultation service, even if you just want to find out what possible solutions are available to you. There is no consultation fee. We will respond to your request in strict confidentiality.
In addition, POSSE students and young adults are playing a central role in our efforts to address the issue of death by overwork, including our support for the death by overwork trial. They plan and organize the support for the hearing at each trial date, disseminate information on the issue, prepare for press conferences, and create online signatures.
In addition, POSSE students and young working adults are playing a central role in our efforts to address the issue of death by overwork, including support for the recent death by overwork trial. They are planning and examining the plan to support the trial, disseminate information on the issue, prepare for the press conference, and create online petitions.
If you are a student or a young adult who wants to change the society where people lose their lives due to overwork, please contact us for volunteer opportunities. Let's change the current society together.
NPO POSSE
Death by overwork consultation page: https://www.npoposse.jp/karoshi-workplaceinjuries
Volunteer recruitment page: https://www.npoposse.jp/volunteer
Consultation phone:03-6699-9359 (weekdays 17:00-21:00 / Sundays and holidays 13:00-17:00, closed Wednesdays and Saturdays)
03-6699-9375 (for interviews, etc., please contact us)
Consultation e-mail: info@npoposse.jp
Volunteer request e-mail: volunteer@npoposse.jp
Address: 201 Rosenheim Shimo-Kitazawa, 4-17-15 Kitazawa, Setagaya-ku, Tokyo 155-0031
◆Let us know about your experience!
If you have any comments on this issue or stories of your own difficulties in working or doing domestic work at home with the hashtag “#Establish Workers' Compensation Insurance and Labor Standards Law for Domestic Workers”, please share them on Twitter or other social networking sites!
Let's make visible the harsh reality of “domestic labor” that is neglected by society. We appreciate your cooperation!
37,318
2024年9月17日に作成されたオンライン署名