The company would like to introduce a telecommuting work system due to COVID-19. Can this be decided unilaterally by the company and announced? Or does the company have to make new labor contracts with the employees again?
1. If the collective agreement, rules of employment, or labor contract specify that "A telecommuting work system can be carried out" then further employee consent is not required in accordance with the regulations.
2. If there is a provision in the labor contract that "the employee shall work at a place designated by the company," telecommuting work would be implemented in the workplace through job transfers (personnel order). Job transfers refer to personnel orders that result in changes to job details or workplace within the same company over a considerable period of time.
3. If there are no applicable provisions for telecommuting, and the place of work is specified in the labor contract, a telecommuting work system can be carried out upon agreement with the individual employees. Such agreement is required as changing the workplace means changing work conditions, which requires agreement with employees.
Alternately, regulations on telecommuting can be added to the rules of employment or collective agreement through the required procedures for revision. Revising the employment rules necessitates following the procedures in Article 94 of the Labor Standards Act (requiring consent or listening to the opinions of a majority of workers).