Designating the spread of infection as a "catastrophic disaster" and utilizing the "exception for unemployment benefits" at 6:03 on April 28
How to protect the employment of companies forced to take leave due to the new coronavirus. Lawyers who have continued to support reconstruction in the event of a disaster recommend that the spread of infection should be designated as a "catastrophic disaster" and the "special case of unemployment benefits" should be used.
In order to protect the employment of companies that are on leave, the government is expanding the “employment adjustment subsidy” that subsidizes some of the allowances for companies that paid leave allowances without dismissing employees. .
However, companies that do not have the funds to pay leave allowances for employees cannot use the system, and it is difficult to protect employment.
Volunteer lawyers who have been supporting reconstruction efforts in times of disaster such as the Great East Japan Earthquake suggest that this outbreak should be designated as a "catastrophic disaster" and that the "special case for unemployment benefits" should be used.
Using special cases, employees can directly receive "unemployment benefits", and companies with limited funds do not have to dismiss employees even if they cannot pay leave allowances. It should be done in parallel with the grant. "
To this end, it is necessary to flexibly operate the system, for example, by certifying this outbreak as a "disaster" under the "Disaster Countermeasures Basic Act."
The founder, Susumu Tsukui, said, "The global spread of the new coronavirus is a disaster. You should make use of the know-how accumulated in disaster response as soon as possible."
Can be interpreted as a "disaster"
According to the person in charge of disaster prevention of the Cabinet Office, which has jurisdiction over the Basic Act on Disaster Countermeasures, considering the history of the law being triggered by the typhoon of Isewan, what is in mind is "natural disaster" and not "infectious disease". , And.
On top of that, it is appropriate to respond within the legal system for infectious diseases that has already been put in place, such as the Act on Special Measures against New Coronavirus.
In addition, in order to designate it as a severe disaster, it is necessary to revise the current designated criteria based on the cost of restoration of civil engineering facilities and farmland.
On the other hand, lawyer Tsukui and others say that the spread of infection caused by the new coronavirus is an "abnormal natural phenomenon" defined by the Basic Law for Disaster Countermeasures, and can be interpreted as a "disaster".
Since the definition of "disaster" in the law includes "damage caused by a cause specified by a Cabinet Order," it is said that it is possible to treat an "infectious disease" as a disaster even if it is targeted by a Cabinet Order. .