Chapter 32. Work Schedules and Breaks

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1 OIST Graduate University Policies, Rules & Procedures Authority: Approved by the President Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave Act on Special Measures Concerning the Improvement of Establishing Working Hours, etc. Chapter 32. Work Schedules and Breaks 32.1 Policy The OIST Graduate University (the University) establishes the regular work schedule, breaks, and holidays. To accomplish the business objectives of the University, all employees are expected to be punctual and dependable in their attendance General Considerations The University recognizes the importance of balancing work and family life, and supports employees by granting accommodation as appropriate, including flexible work schedules as well as exemption from (and restrictions on) overtime and late-night work, in keeping with relevant laws and regulations. Rules for accommodation may be provided as follows; Earlier or Later Working Hours for Childcare and Family Care ( ) [link: ] Childcare Time ( ) [link: ] Shorter Working Hours for Childcare and Family Care ( ) [link: ] Exemption from Overtime, Holiday, Late-night Work for Maternity ( ) [link: ] Exemption from Overtime Work for Childcare ( ) [link: ] Restrictions on Overtime Work for Childcare and Family Care ( ) [link: ] Exemption from Late-night Work for Childcare and Family Care ( ) [link: ] 32.3 Rules Work Schedules and Breaks 1

2 Working Hours. Full-time employees working hours are 7.5 hours a day and 37.5 hours a week. Part-time employees working hours are normally less than 7.5 hours a day or less than 37.5 hours a week and their schedules are individually determined by their employment contracts. (Chapter )[link: ] Starting and Ending Times and Breaks Starting Time: 9:00 am. Ending Time: 5:30 pm. Break: An unpaid hour for lunch is provided from noon to 1:00 pm Start, End, and Break Time Changes. The University may change the starting time, ending time, and a break without changing the number of the working hours per day and per week, when the University considers it necessary for its business operations Earlier or Later Working Hours for Childcare and Family Care. Employees with a child who has not entered elementary school and employees who need to provide care to a subject family member [link: ] in a condition requiring care [link: ] may request changing the starting time to a time between 7:00 am and 10:00 am without changing the number of the working hours per day and per week prescribed in Such requests are accepted unless it will impede normal operations of the University Childcare Time. Upon request, employees raising an infant who is younger than one year old will be given two 3o-minutes un-paid breaks per day in addition to a regular break Shorter Working Hours for Childcare and Family Care Childcare Partial Leave. Employees with a child who is younger than 3 years old may request a reduction of their daily working hours to provide childcare to the child. Eligible employees may choose whether they start later or leave earlier and how long they need for childcare, considering conditions of day care service and commuting etc.. Reduction of working hours may not exceed 2 hours (including Childcare Time) and must be in 30 minutes 2

3 increments Family Care Partial Leave. Employees with a subject family member [link: ] in a condition requiring care [link: ] may request a reduction of their daily working hours for 6 months period at the longest to provide care to the family member. An eligible employee may choose whether they start later or leave earlier and how long they need for family care. Reduction of working hours will not exceed 4 hours and must be in 1 hour increments Childcare Partial Leave and Family Care Partial Leave are with pay for Full-time employees and without pay for Part-time employees Flextime Policy Regardless of the provision of , the Flextime Policy may apply to all Employees except for; (1) Managerial Positions (2) Discretionary Employees (3) Part-Time Employees and Temporary Staff (4) Employees who are deemed unsuitable for the Policy by their supervisor due to their business needs, and received approval from the President Employees, to whom the Flextime Policy shall apply, shall have the discretion to choose and/or vary their starting and ending time With regard to other items of the Flextime Policy, see Agreement on Flextime Policy [link: concluded between OIST S.C. and Employee Representative Holidays 3

4 University holidays are as follows: Saturdays Sundays (statutory weekly holidays) Japan s national holidays stipulated by the National Holiday Act (Act No. 178 of 1948) Year-end and New Year Holidays (from December 29 to January 3 of the following year) The University may change the holidays stipulated in to other days, when the University considers it necessary for its business operations The Part-time employees holidays are as stipulated in the Rules of Employment of Part-time Employee [link: ] Overtime and Holiday Work Overtime and Holiday Work for Business Operations The University may instruct employees to work overtime (for the hours exceeding the number of the regular working hours stipulated in [link: ]) or on holidays, when the University considers it necessary for its business operations The University may instruct employees to work overtime exceeding the statutory working hours stipulated by the law or to work on the statutory weekly holidays (Sundays) if the University concludes an agreement with the Employee Representative Overtime and Holiday Work for Emergencies. In case of emergencies or other unavoidable situations, the University may instruct employees to work overtime exceeding the statutory working hours stipulated by the law or to work on the statutory weekly holidays (Sundays) Exemption from Overtime, Holiday, Late-night Work for Maternity 4

5 Pregnant employees or employees who have given birth in the previous year may apply for an exemption from overtime, holiday work, or late-night work (after 10:00 pm and before 5:00 am) When an eligible person applies for this, the University may not instruct her to work overtime Exemption from Overtime Work for Childcare Employees with a child younger than 3 years old may apply for exemption from overtime work to provide care for the child When an eligible person applies for this exemption, the University may not require him/her to work overtime unless it will impede its normal operations Employees whose regular working days per week are two or less may not apply for this exemption if the University concludes an agreement with the Employee Representative Restrictions on Overtime Work for Childcare and Family Care Employees with a child who has not entered elementary school, and employees who need to provide care to their subject family member [link: ] in a condition requiring care [link: ], may apply for restriction on overtime work to fulfill these duties When an eligible person applies for this restriction, the University may not require him/her to work overtime exceeding the statutory working hours stipulated by the law for more than 24 hours per month and 150 hour per year, unless it is extremely difficult to take measures to manage his/her duties at the University The following employees are not eligible for this restriction. 5

6 Employees who have been continuously employed for a period less than one year. Part-time employees whose scheduled work days per week are two days or less Exemption from Late-night Work for Childcare and Family Care Employees with a child who has not entered elementary school, and employees needing to provide care for a subject family member [link: ] in a condition requiring care [link: ], may apply for exemption from late-night work (after 10:00 pm and before 5:00 am) to fulfill these duties When an eligible person applies for this exemption, the University may not require him/her to work late nights, unless doing so impedes its business operations Employees with a spouse who is a parent of the concerned child and normally able to provide childcare to the child are not eligible for this exemption. If the spouse meets one of the following conditions, he/she is regarded as not normally able to provide care to the child; Works 3 late nights or more per month, Has difficulties in providing childcare for the concerned child due to injury, illness, mental or physical impairments, Pregnant and within 6 weeks (14 weeks for multiple pregnancies) of her expected date of birth, or Has given birth in the previous 8 weeks Managerial Employees Employees working in managerial and/or supervising positions (Managerial Employees) have discretion as to their hours of work pursuant to the Article 41 of the Labor Standard Law (Act No. 49 of 1974). Rules of working hours, break, and holidays under this chapter do not apply to Managerial Employees. (Chapter ) [link: ] Discretionary Employees Employees conducting scientific research for the University, typically postdoctoral scholars, are Discretionary Employees subject to the discretionary 6

7 work system prescribed by the Article 38-3 of the Labor Standard Law (Act No. 49 of 1974), under a written agreement concluded with the Employee Representative.(Chapter ) [link: ] Principle. The University will not give concrete directions to Discretionary Employee concerning the carrying out of their work and the allocation of time to their duties Working Hours. Discretionary employees on regularly scheduled working days are deemed to have worked 7.5 hours Starting and Ending Times and Breaks. Starting and ending times and breaks of discretionary employees are based on the normal business hours of the University ( , [link: ]). However, this will be applied flexibly when it is considered necessary for executing duties, and the starting time, ending time and break may be set at his/her discretion Holidays. Holidays of discretionary employees are as prescribed in [link: ] Holiday and Late-night Work. Discretionary employees must receive permission from their immediate supervisor in advance when they work on holidays or work late night Annual salary of discretionary employees includes compensation for 15 hours of work on holidays and 20 hours of late-night work Attendance and Punctuality To accomplish its business objectives, the University depends on employees regular and on-time attendance at work. The University requires all employees to be punctual and maintain satisfactory attendance Record of Attendance. All employees must record the time when they start and end work on the Working Time Management System (hereinafter referred to as System ) Absences (including absence for any portion of the day) Employees must notify his/her immediate supervisors in 7

8 advance and obtain approval for anticipated absences on the System In case of emergencies or other unavoidable situations, the absence may be reported and approved within 3 business days Upon the employee s request, approved absences may be taken using the Annual Paid Leave [link: ] to which he/she is entitled Arriving Late and Leaving Early When an employee plans to start late or leave early, the employee must notify his/her immediate supervisor in advance and obtain approval for it on the System In case of emergencies or other unavoidable situations in which an employee cannot obtain prior approval, the late arrival or early departure may be approved afterwards, but the employee must notify their supervisor or manager without delay Work Hours on Business Trips 32.4 Responsibilities The University may send employees on business trips when it is considered necessary for its business operations Each employee must record his/her business trip into the System [link: ] prior to departing on the trip Unless otherwise instructed, an employee on a business trip or under any other circumstances where actual working hours are difficult to monitor is regarded as working during scheduled working hours Employees All employees must report information regarding attendance, absence, lateness, leaving early, and business trips to their immediate supervisor on the System as necessary in accordance with this Chapter. 8

9 Supervisors Supervisors must be well aware of the attendance status of their subordinates and must give them necessary guidance and instruction Applicants Persons eligible for and seeking to use one of the special accommodations of work schedule specified in this Chapter ( through [link: ] and through [link: ]) must submit an application form to the Human Resource Management Section in advance The Human Resource Management Section The Human Resource Management Section must respond to the applicant s requests promptly after ascertaining their eligibility Persons using one of the special work schedule accommodations Persons using one of the special work schedule accommodations must notify the Human Resource Management Section of it, when the reasons for the treatment ceased to be valid The Diversity Section The Diversity Section is responsible for monitoring implementation of the special work schedule accommodations specified in this Chapter and for ensuring that applicants and recipients of such accommodation do not experience discrimination or harassment Procedures To apply for any special accommodation of work schedule specified in this Chapter ( through [link: ] and through [link: ]), select the appropriate Form from 32.6[link: 32.6], and complete it and submit it to the Human Resource Management Section Forms See HR website [link: Contacts Policy Owner Vice President for Human Resources (VPHR) Other Contacts: Associate Vice President for Human Resources (AVPHR) 9

10 HR Management Section Diversity Section 32.8 Definitions Holidays Holidays are the days when employees have no work obligations Child. Natural child Legally adopted child Subject Family Member Spouse (including a person in a relationship with the worker where marital relationship is de facto, through a marriage has not been registered), parents, children, spouse s parents. the following individuals with whom the employee lives: - grandparents, grandchildren, brothers and sisters, - (1) Parent s spouse or (2) spouse s parent s spouse who is deemed to have de facto relationship equivalent to that of a parent of the employee or the employee s spouse, - (1) child s spouse or (2) spouse s child who is deemed to have de facto relationships equivalent to a child of the employee Condition Requiring Care Condition Requiring Care is a condition which makes it difficult to lead a normal life for a period of at least 2 weeks due to injury, illness, or physical or mental disabilities. 10