The Ministry of Health, Labour and Welfare (MHLW) has decided to make freelancers who are not required to take safety measures in the workplace subject to the Industrial Safety and Health Act, which stipulates safety measures in the workplace, due to a series of accidents during work, and has decided to oblige them to provide the same safety training as hired workers.
table of contents
Increasing number of freelancers Consultations
Compilation of the report of the study group made up of experts
What are the details of the report?
【Response in the event of an accident】
【Measures to prevent accidents】
【Measures to ensure health】
Compensation issues such as injuries during work are an issue
What freelance driver was injured?
Expert "Big step forward, compensation is a challenge"
Open Table of Contents
table of contents
table of contents
Increasing number of freelancers Consultations
Compilation of the report of the study group made up of experts
What are the details of the report?
【Response in the event of an accident】
【Measures to prevent accidents】
【Measures to ensure health】
Compensation issues such as injuries during work are an issue
What freelance driver was injured?
Expert "Big step forward, compensation is a challenge"
Increasing number of freelancers Consultations
According to a survey conducted by the Cabinet Office in 2020, the number of freelance workers nationwide has reached approximately 462.7500 million, and it is estimated that the number is increasing as diverse work styles spread. In a survey of approximately 17,7 people, 8.3% said they had been sick or injured due to freelance work, and <>.<>% said they had been interrupted by illness or injury.
Photos of injuries during delivery
In addition, the number of consultations received by the freelance consultation desk "Freelance Trouble 2020" opened by the government in 110 is also on the rise. In fiscal 2020, there were 4,1332 cases in just over four months, 2021,4072 cases in fiscal 2022, 6884,6 cases in fiscal 3, and 1996,<> cases in the three months to June this fiscal year.
Compilation of the report of the study group made up of experts
The number of people working as freelancers reached 2020.462 million nationwide in 21, and it seems that the number is increasing with the diversification of work styles, but since there is no employment relationship with companies, etc., it is not subject to the Industrial Safety and Health Act, which stipulates safety measures in the workplace.
For this reason, the Ministry of Health, Labour and Welfare has continued discussions at a study group made up of experts, and a report was compiled at the study meeting on the <>st, and it was decided that freelancers will also be subject to the Industrial Safety and Health Act.
Freelancers such as "single parents" are "sole proprietors" who do not have an employment relationship with organizations such as companies, so at present, they are not workers in principle, and are not subject to the "Industrial Safety and Health Act" to ensure the safety and health of workers.
However, in May Reiwa, the Supreme Court ruled that "single parents, etc. should also be protected if there is a risk of health problems while working at the same site." In response to this, the Ministry of Health, Labour and Welfare established a study group in May last year to discuss safety and health measures for freelancers, and discussions have been ongoing for more than a year.
What are the details of the report?
This is the main content of the report on freelancing.
【Response in the event of an accident】
Like workers, freelancers are required to report to the Labor Standards Inspection Office if they die in the course of work or are injured by taking more than four days off from work. The person who is affected by the disaster or the company that manages the place where the disaster occurred is reported to the supervisory office, or if the person dies or is hospitalized and it is difficult to report, the company that outsources the work or the company that manages the place where the disaster occurred. In response to the report, the government will analyze and publish accident data, and industry groups will strive to disseminate disaster prevention measures.
【Measures to prevent accidents】
Machines brought in by freelancers are required to undergo regular safety inspections in the same way as machines used by companies. We will oblige employees to take the same training and education on safety and health as they are receiving if they are workers.
【Measures to ensure health】
The government will also encourage freelancers to undergo annual health checkups and regular stress checks. If it is judged that stress is high, it is recommended to have an interview with a doctor and health consultation from a nurse.
At the study meeting on the 21st, opinions were divided on who would report the accident, and the committee members in attendance expressed the opinion that the burden on the business operator would increase when reporting.
Compensation issues such as injuries during work are an issue
Freelancers are also subject to the Industrial Safety and Health Act, and while safety measures have progressed, the issue of compensation when freelancers are injured during work remains an issue.
In principle, freelancers are not "workers" employed by companies, etc., so they are not eligible for workers' compensation insurance, which allows them to receive benefits such as medical expenses and leave compensation when they are injured or sick in the course of work. However, the government stipulates in the guidelines that even freelancers who work under the direction and supervision of companies, etc., can receive legal protection, such as workers' compensation if they are recognized as workers in light of the Labor Standards Act and the Labor Union Act.
However, some freelancers are treated as freelancers even though they work in the same way as hired workers under the direction and supervision of how to proceed with their work, working hours, and work location, which is called "fake freelance". The problem is that these people do the same work as workers but cannot receive compensation when they are injured in an accident.
In addition, it has been pointed out that there are many cases where companies whose costs are increasing due to soaring raw material costs use freelancers as cheap labor force, which do not have to bear labor insurance premiums. A supplementary resolution to the Act on the Protection of Freelance Workers promulgated in May this year states, "We will consider measures to appropriately apply labor-related laws and regulations to those who are workers, and develop a sufficient system to appropriately respond to fraudulent freelancers."
For freelancers, there is a special enrollment system in which workers pay their own premiums and enroll in workers' accident compensation insurance, but the target industries are limited, and the issue of compensation is an issue for the future.
What freelance driver was injured?
Freelance delivery drivers say that if they work in the same way as hired workers, the company needs to compensate them for accidents on the job.
A man in his 60s who works as a driver in Yokosuka City, Kanagawa Prefecture, is working as a freelancer who has signed a business consignment contract with a subcontractor entrusted with the delivery of packages by an online shopping company.
If you go to the pickup center around 8:1 am, the app will show you about 150 destinations and routes per day, and all deliveries are often completed around 9 pm.
In the course of my work, I cannot refuse the packages assigned to me, and I feel that I am effectively directed and supervised by the company, such as being required to submit daily reports at the end of work.
In September last year, the man slipped on the stairs outside the building during a delivery and fell to the ground about 9 meters below, breaking his hip bone and other injuries, forcing him to recuperate at home for two months.
I contacted the company that contracted the outsourcing, but due to the accident, there was almost no allowance or other response, and during that time, I could not work and lost any income.
Male
: "Even if you get injured, the company is just a contractor, so it doesn't matter if you get injured, but I think the company has some responsibility because it is during working hours.
Expert "Big step forward, compensation is a challenge"
Professor Emeritus Koichi Kamada of Toyo University, who is an expert on freelance issues, praised the policy that freelancers and other sole proprietors are now subject to the Industrial Safety and Health Act.
"This will be a major shift for businesses that thought that only workers were responsible for safety and health, but they were required to change their awareness of the need to comprehensively cover risks such as dangerous workplaces and hazardous substances as a whole, including freelancers. That's a huge step forward.
In the case of workers, the employer has the authority to give instructions and can say, "This is how to use the machine, and you should have a medical examination." However, freelancers are in a position where they do not receive orders, so freelancers themselves must actively receive information and undergo medical examinations."
He then pointed out the following:
Freelancers are also recognized as workers if they have received substantial instructions and are covered by labor insurance, but the criteria for whether or not they are recognized as workers are difficult to unify as industries expand to various fields such as actors and IT. In order to match the actual situation, the government needs to reconsider each business and industry and present standards."
The Ministry of Health, Labour and Welfare will compile a final report and proceed with the necessary legal revision procedures.