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Fukushima Institute for Research, Education and Innovation Payment Regulations for Temporary Employees

Disclosure

Regulation No. 24 of 2023
April 1, 2023
July 3, 2023
Last revised: December 25, 2023

Table of Contents

Chapter 1 General Provisions

(Purpose)

Article 1 In accordance with the provisions of Article 50-10, Paragraph 2 of the Act on General Rules for Incorporated Administrative Agencies(Act No. 103 of 1999), as applied mutatis mutandis pursuant to Article 125 of the Act on Special Measures for the Reconstruction and Revitalization of Fukushima (Act No. 25 of 2012), the purpose of these Regulations is to establish the criteria for the payment of payroll to temporary employees (to whom the Fukushima Institute for Research, Education and Innovation Rules of Employment for Temporary Employees (Regulation No. 24 of 2023; hereinafter referred to as the "Rules of Employment for Temporary Employees") apply) of the Fukushima Institute for Research, Education and Innovation (hereinafter referred to as “Institute”).

(Payroll Category)

Article 2 1 The payroll of temporary employees who hold the position of Executive Officers (hereinafter referred to as "Temporary Executive Officers") shall consist of the temporary executive officer's allowance, overtime work allowance, and night shift allowance.

2 The payroll of temporary employees, excluding Temporary Executive Officers, shall consist of salary and various allowances. Various allowances refer to commuting allowance, overtime work allowance, night shift allowance, year-end allowance, diligence allowance, and allowance for work from home, etc.; provided, however, that the allowances to be paid shall be in accordance with the provisions of the employment contract.

(Payment Method of Payroll)

Article 3 1 With respect to temporary employees' payroll, the amount to be deducted in accordance with laws and ordinances shall be deducted therefrom, and the amount after such deduction shall be paid directly to the temporary employees in cash.

2 Notwithstanding the provisions of the preceding paragraph, if temporary employees so request, their payroll shall be paid by way of transfer to their deposit or savings accounts.

Chapter 2 Payroll

(Salary)

Article 4 The salary of temporary employees shall be paid on an hourly, daily, or monthly basis, and shall be determined by the President, considering the temporary employees' ability and experience, as well as the complexity, difficulty, and responsibility associated with their duties within a range not exceeding the salary of regular employees, in principle; provided, however, that if it is difficult to make a decision based on such factors, the amount shall be determined by the President.

(Fixed Date of Salary Payment)

Article 5 1 The fixed date of salary payment shall be the 16th of each month, and the amount to be paid shall be based on the service record from the first day to the last day of the preceding month.

2 When the fixed date of payment stipulated in the preceding paragraph falls on a holiday stipulated in Article 22 of the Fukushima Institute for Research, Education and Innovation Rules of Employment (Regulation No. 19 of 2023; hereinafter referred to as the “Rules of Employment for Regular Employees”) (hereinafter referred to as "holiday"), the fixed date of payment shall be any day on or after the 15th day of the month, other than the holiday nearest to such day.

(Commuting Allowance)

Article 6 1 Commuting Allowance shall be paid to the following temporary employees.

2 The amount of Commuting Allowance shall be the amount specified in each of the following items according to the temporary employee category listed in the respective items.

3 Among temporary employees whose commuting circumstances have changed as a result of being assigned to an office of the Institute in a different region accompanying their employment as a temporary employee or relocation of the office of the Institute where the temporary employee works, and who are separately designated by the President, for those temporary employees listed in Item 1 or 3 of Paragraph 1, who use special express trains, such as Shinkansen railway, high-speed expressways, and other Transportation, etc. (in Item 1 and the following paragraph, "Shinkansen Railway, etc."), which are recognized as contributing to the improvement of commuting circumstances to a considerable extent in light of the standards separately determined by the President, and regularly bear special charges, etc. (Fares, etc., for such use less the amount equivalent to the Fares, etc., which is the basis for the calculation of the Amount Equivalent to Fares, etc.; the same shall apply in Item 1 and the following paragraph) related to such use, to commute to and from the residence (including a residence separately determined by the President as equivalent to said residence) immediately preceding such employment or relocation of the office of the Institute, the amount of Commuting Allowance shall be the amount specified in each of the following items according to the category of Commuting Allowance listed in each such item, notwithstanding the provisions of the preceding paragraph.

4 Commuting Allowance shall be paid on the fixed date of payment of salary set forth in Article 5, Paragraph 1 of the first month of the Payment Unit Period; provided, however, that if the payment cannot be made on the fixed date of payment due to the fact that Commuting Allowance cannot be confirmed by the fixed payment date or for other reasons, it may be paid after the fixed payment date.

5 In the event that a temporary employee to whom Commuting Allowance is paid retires or is dismissed, or in the event of other reasons separately determined by the President, the temporary employee shall be required to return the amount separately determined by the President by considering the period after such event that falls within the payment unit period.

6 In this article, the "Payment Unit Period" shall mean a period separately determined by the President on a monthly basis, not exceeding six months, as the payment unit for Commuting Allowance (one month in the case of Commuting Allowance for an Automobile, etc.)

(Non-payment of Salary)

Article 7 When temporary employees are absent from work, they shall not be paid a salary equivalent to the number of hours they are absent from work, except when they are on a paid annual leave as stipulated in Article 31 of the Rules of Employment for Temporary Employees, when they are on a paid special leave as stipulated in Article 34 of the same Rules, when they make a request as stipulated in Article 26, Paragraph 1 or Article 28, Paragraph 1 of the same Rules, or in any other cases approved by the President.

(Overtime Work Allowance)

Article 8 1 For temporary employees who are ordered to work in excess of their regular working hours, Overtime Work Allowance shall be paid in the amount obtained by multiplying the payroll amount per hour of work stipulated in Article 11 by a rate corresponding to the following categories of work performed in excess of regular working hours (if such work is performed between 10:00 p.m. and 5:00 a.m. of the following day, a rate to which 25/100 is added).

2 Regarding the application of the preceding paragraph to work performed by temporary employees in excess of their regular working hours as listed in Item 1 or 3 of the preceding paragraph, until the total of the hours of such work and the regular working hours on the day on which such work is performed reaches 7 hours and 45 minutes, “a rate corresponding to the following categories of work performed in excess of regular working hours” shall be replaced with "100/100".

3 For temporary employees who are ordered to work in excess of their regular working hours for over 60 hours in a month, Overtime Work Allowance shall, regardless of the provision of Paragraph 1, be paid in the amount obtained by multiplying the payroll amount per hour of work stipulated in Article 11 by 150/100 for all hours worked in excess of 60 hours (if such work is performed between 10:00 p.m. and 5:00 a.m. of the following day, 175/100).

4 In the case of supervisors stipulated in Article 29 of the Rules of Employment for Temporary Employees (hereinafter referred to as “Supervisors”), Overtime Work Allowance listed in the preceding paragraphs shall not be paid; provided, however, that they shall, if they have worked between 10:00 p.m. and 5:00 a.m. of the following day, be paid the amount obtained by multiplying the amount of payroll per hour of work stipulated in Article 11 by 25/100.

5 Regarding the application of the preceding paragraph to Temporary Executive Officers, the term "the amount of payroll per hour of work stipulated in Article 11" in the preceding paragraph shall be read as "the amount obtained by dividing the amount of the Temporary Executive Officer's allowance stipulated in Article 16 by the number of the prescribed working hours per month".

6 Overtime Work Allowance shall be paid for one payroll period on the fixed date of salary payment in the next payroll period; provided, however, that if the payment cannot be made on such date due to delayed reporting of working hours, etc., the payment may be made after such date.

(Night Shift Allowance)

Article 9 1 For temporary employees who are ordered to work between 10:00 p.m. and 5:00 a.m. of the following day as their regular working hours, Night Shift Allowance of 25/100 of the payroll amount per hour of work stipulated in Article 11 shall be paid for each hour worked during regular working hours.

2 Regarding the application of the preceding paragraph to Temporary Executive Officers, the term "the amount of payroll per hour of work stipulated in Article 11" in the preceding paragraph shall be read as "the amount obtained by dividing the amount of the Temporary Executive Officer's Allowance stipulated in Article 16 by the number of the prescribed working hours per month".

3 Night Shift Allowance shall be paid for one payroll period on the fixed date of salary payment in the next payroll period; provided, however, that if the payment cannot be made on such date due to delayed reporting of working hours, etc., the payment may be made after such date.

(Fractions in Calculation of Payroll Amount, etc., per Hour of Work)

Article 10 In calculating the amount of Overtime Work Allowance or Night Shift Allowance to be paid per hour of work stipulated in Articles 8 and 9, any fraction less than 50 sen in such amount shall be rounded down, and any fraction of 50 sen or more but less than one yen shall be rounded up to one yen.

(Calculation of Payroll Amount, etc., per Hour of Work)

Article 11 The amount of payroll per hour of work stipulated in Articles 8 and 9 shall be the amount specified in each of the following items according to the categories listed in the respective items.

(Year-end Allowance)

Article 12 1 Year-end Allowance shall be paid on June 30 and December 10 (hereafter referred to as the "Payment Date” from this article to Paragraph 1 of Article 14) for temporary employees in service on June 1 and December 1 (hereinafter referred to as "Year-end Allowance Base Date" from this article to Article 14). The same shall apply to temporary employees (excluding those temporary employees separately determined by the President) who retire or are dismissed within one month prior to the Year-end Allowance Base Date; provided, however, that if the payment date falls on a Sunday, it shall be two days before the payment date, and if the payment date falls on a Saturday, it shall be the day before the payment date.

2 The amount of Year-end Allowance shall be obtained by multiplying the base amount of Year-end Allowance by 122.5/100 and then by the rate specified in the respective items in accordance with the following categories of the length of service of the relevant temporary employees within six months before the Base Date.

3 Year-end Allowance Base Amount under the preceding paragraph shall be the amount equivalent to the monthly salary that temporary employees are entitled to receive (hereinafter in this article and Article 14 referred to as "monthly salary equivalent") as of the Year-end Allowance Base Date (in the case of retired or dismissed temporary employees, as of the date of retirement or dismissal).

Article 13 Notwithstanding the provisions of Paragraph 1 of the preceding article, Year-end Allowance pertaining to the Year-end Allowance Base Date in each item shall not be paid to temporary employees who fall under any of the following items (in the case of a person listed in Item 3, the Year-end Allowance for which the payment is temporarily suspended).

Article 14 1 The President or his delegate may temporarily suspend the payment of Year-end Allowance if any of the following applies to the temporary employees who were supposed to receive Year-end Allowance on the Payment Date and who retired or were dismissed by the day before said Payment Date.

2 In the event that a temporary suspension of the payment of the Year-end Allowance under the preceding paragraph (hereinafter referred to as a “temporary suspension”) falls under any of the following items, the temporary suspension shall be promptly rescinded; provided, however, that this shall not apply to cases falling under Item 3, when a person who has been subjected to a temporary suspension of payment has been arrested in a criminal case related to acts committed during employment, or when the revocation thereof is clearly contrary to the purpose of the suspension.

3 The provisions of the preceding paragraph shall not preclude the President or his delegate from revoking a temporary suspension of payment on the grounds that it is no longer necessary to suspend the payment of Year-end Allowance, based on facts or circumstances that have come to light after the suspension.

4 The President or his delegate shall, when imposing a temporary suspension of payment, deliver to the person who is to be subjected to such suspension a written explanation stating the reason therefor.

(Diligence Allowance)

Article 15 1 Diligence Allowance shall be paid on June 30 and December 10 to the temporary employees in service on June 1 and December 1 (hereafter referred to as the "Diligence Allowance Base Date" in this paragraph and Paragraph 3), respectively, based on the results of the temporary employees' most recent personnel evaluation prior to the Diligence Allowance Base Date and their attendance during the period within six months prior to the base date of Diligence Allowance. The same shall apply to temporary employees (excluding temporary employees separately determined by the President) who retire or are dismissed within one month prior to these Base Dates; provided, however, that if the payment date falls on a Sunday, it shall be two days before the payment date, and if the payment date falls on a Saturday, it shall be the day before the payment date.

2 The amount of Diligence Allowance shall be obtained by multiplying the base amount of Diligence Allowance by a performance ratio determined by the President by considering the rate based on the length of service of temporary employees and their performance.

3 The base amount of Diligence Allowance in the preceding paragraph shall be the monthly salary equivalent that temporary employees are entitled to receive as of the Diligence Allowance Base Date.

4 The provisions of the preceding two articles shall apply mutatis mutandis to the payment of Diligence Allowance under Paragraph 1. In this case, "Paragraph 1 of the preceding article" in Article 12 shall be read as "Paragraph 1 of Article 15", "from the Year-end Allowance Base Date" in Item 1 of the same article shall be read as "from the Diligence Allowance Base Date", "Payment Date" shall be read as "Payment Date (referring to the Payment Date stipulated in Article 15, Paragraph 1; the same shall apply hereinafter in this article and Paragraph 1 of the following article)”.

(Temporary Executive Officer's Allowance)

Article 16 1 Temporary Executive Officer's Allowance shall be determined by the President and paid to Temporary Executive Officers by considering their abilities, experience, and responsibilities in a comprehensive manner; provided, however, that the amount shall be calculated with reference to, and shall not exceed, the remuneration of employees to whom the Executive Officer's Salary Schedule applies in accordance with the provisions of Article 4, Paragraph 1 of the Payment Regulations for Regular Employees.

2 The provisions of Article 5 shall apply mutatis mutandis to the payment of Temporary Executive Officer's Allowance under Paragraph 1. In this case, "salary" in Article 5 shall be read as "Temporary Executive Officer's Allowance.”

(Allowance for Work from Home, etc.)

Article 17 1 Allowance for Work from Home, etc. shall be paid to temporary employees who are allowed or ordered to work their regular working hours (excluding hours not worked due to leave and other hours separately specified by the President) entirely from their residence or a place separately specified by the President as an equivalent, for more than the number of days obtained by multiplying ten days on average per month by the value obtained by dividing the number of working hours set forth in Article 20 of the Rules of Employment for Temporary Employees by the number of working hours set forth in Article 21, Paragraph 1 of the Rules of Employment for Regular Employees, with respect to a period in excess of that separately specified by the President.

2 The monthly amount of Allowance for Work from Home, etc. shall be calculated by multiplying 3,000 yen by the value obtained by dividing the number of working hours set forth in Article 20 of the Rules of Employment for Temporary Employees by the number of working hours set forth in Article 21, Paragraph 1 of the Rules of Employment for Regular Employees.

Chapter 3 Special Provisions for Payroll

(Handling of Payroll for Periods of Sick Leave)

Article 18 During the period when a temporary employee is injured or becomes ill and takes sick leave for any of the reasons listed in Article 35, Paragraph 1 or 2 of the Rules of Employment for Temporary Employees, the salary equivalent to the number of hours the temporary employee is absent from work shall not be paid.

(Payroll of Employees on Childcare Leave, etc.)

Article 19 1 No payroll shall be paid for the period of childcare leave in accordance with the provisions of Article 36, Paragraph 1 of the Rules of Employment for Temporary Employees.

2 Among the temporary employees on childcare leave on each Year-end Allowance Base Date stipulated in Article 12, Paragraph 1, those temporary employees who have worked for a period of six months or less prior to the Year-end Allowance Base Date (including equivalent periods separately determined by the President) shall receive the Year-end Allowance for that Base Date, notwithstanding the provisions of the preceding paragraph.

3 Among the temporary employees on childcare leave on each Diligence Allowance Base Date stipulated in Article 15, Paragraph 1, those temporary employees who have worked for a period of six months or less prior to the Diligence Allowance Base Date shall receive the Diligence Allowance for that Base Date, notwithstanding the provisions of Paragraph 1.

4 When a temporary employee is absent from work due to childcare time stipulated in Article 22, Paragraph 1 of the Regulations on Childcare and Family Care Leave, etc., for Temporary Employees, the salary equivalent to the number of hours not worked shall not be paid.

(Payroll of Employees on Family Care Leave, etc.)

Article 20 When a temporary employee is absent from work due to long-term care leave stipulated in Article 3, Paragraph 1, Item 7 of the Rules of Employment for Temporary Employees or due to long-term care time stipulated in Article 3, Paragraph 1, Item 9 of the Regulations on Childcare and Family Care Leave, etc., for Temporary Employees, the salary equivalent to the number of hours not worked shall not be paid.

(Contingency Payment of Payroll)

Article 21 When a temporary employee so requests in order to cover expenses in cases where the temporary employee or a person whose livelihood depends on the temporary employee’s income returns home for one week or longer due to childbirth, illness, disaster, marriage, death, or other unavoidable reasons, even before the fixed date of payment, the Institute shall pay payroll for the work already performed.

(Handling of Fractions)

Article 22 Any fraction less than one yen for payroll items stipulated in each paragraph of Article 2 calculated in accordance with these Regulations shall be rounded down to the nearest one yen.

Chapter 4 Miscellaneous Provisions

(Implementing Regulations)

Article 22 In addition to the provisions set forth in these Regulations, necessary matters concerning temporary employees' payroll shall be determined separately by the President.

Supplementary Provisions

These Regulations shall enter into force on April 1, 2023.

Supplementary Provisions

These Regulations shall enter into force on July 1, 2023.

Supplementary Provisions

(Effective Date, etc.)

Article 1 These Regulations shall enter into force on December 25, 2023; provided, however, that the provisions of Article 16 of these Regulations shall enter into force on April 1, 2024.

2 The provisions of Article 12, Paragraph 2 of these Regulations shall apply to Year-end Allowances with a Base Date of December 1, 2023 or later. Regarding the application of the same paragraph concerning such Year-end Allowances, the value “122.5/100” in the paragraph shall be read as “125/100.”

(Partial Payment of Payroll)

Article 2 Payroll paid to employees from April 1, 2023, until the day preceding the enforcement date of these Regulations shall be considered part of payroll under these Regulations.