The time has come to think about the protection and utilization of freelance workers, who do not belong to any specific company, in conforming with the diversification of work styles.
A report compiled by an expert panel of the Fair Trade Commission recommends that freelancers be protected by the Antimonopoly Law. The panel calls for corporate entities to correct such practices as forcing them to work under extremely unfavorable conditions, citing problematic cases.
A freelancer is an individual who undertakes assignments from companies. Programmers and designers are typical examples. The number of people who undertake jobs via mediation websites has been increasing as well. In one estimate, the number tops 10 million, including those doing side jobs.
In bargaining with businesses, individuals are in many cases put in a weak position. There are cases of no contract being signed and even work content being changed unilaterally. The report is correct in pointing out that "strain has been caused as society fails to cope with" the increase of freelancers.
Company employees are protected by labor laws and regulations. However, under which law freelancers should be protected has been ambiguous. It can be said the FTC has suggested the application of the Antimonopoly Law as a way to resolve this.
The panel's report strongly calls for not only protecting individuals but also encouraging competition in securing human resources.
Avoid heavy-handed use
Two or more companies huddle, set the same conditions for pay and other matters and agree to not poach each other's employees: The panel points out that these acts likely violate the Antimonopoly Law because they undermine competition.
In a case in the United States, companies were prosecuted for agreeing to prevent poaching to secure human resources in the field of information technology. In Japan, too, there is concern that the locking up of excellent human resources will intensify amid a worker shortage.
It is essential to prepare an environment in which freelancers are able to display their abilities under fair competition.
On the other hand, the FTC is called on to apply the Antimonopoly Law prudently so that corporate activities do not cower under overapplication of the law.
It is also worrying, however, that the panel points out that the Antimonopoly Law potentially could -- as it would be with freelancers -- be applied to people in the entertainment industry and athletes. The panel argues that imposing restrictions on the transfer of such people could not evade illegality, even if the aim is to recover the costs of fostering them.
All fields have particular backgrounds and customs. In sports, players and management have made efforts to work out rules acceptable to both sides.
The FTC stresses that it will "make judgments on individual cases based on the circumstances of each field." This stance must be firmly maintained.
(From The Yomiuri Shimbun, Feb. 17, 2018)
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