Unexpected impact of the new Corona, what is legal? May 08 19:37

"I can't pay the rent!" "The company doesn't pay the leave allowance!" "We were charged a cancellation fee for the wedding!" The spread of the spread of the infection. The same is true of various “contracts” related to daily life, which were not anticipated. Nowadays, a lot of serious consultations are received from lawyers and others who suffer from unexpected impacts. We asked a detailed lawyer about the three themes that we often consult with.
(Social Department reporter Yuhei Harano, Tsunetaka Tanaka, and Nao Kiyoshi)

Case 1 Worker's leave allowance

The most frequently asked questions from workers are those concerning "leave of absence allowance". According to the Labor Standards Act, if an employee is absent due to the circumstances of the employer, it is obliged to pay the leave allowance of 60% or more of the average wage. According to the labor union in Tokyo, there are many consultations from non-regular employees, and there are also consultations that only regular employees can take leave allowance. We interviewed Atsushi Shimazaki, who is familiar with labor issues.

Q If the business is self-restrained due to the spread of infection, does the user need to pay the employee a leave allowance?

Shimazaki:
"If you want to take a rest because you have no job because of the employer's responsibility, you basically have to pay 100% wage regardless of the employment type. In addition, the Labor Standards Law requires penalties and at least However, 60% of the leave allowance must be paid to ensure the life and survival of workers.Most of the requests for leave due to the declaration of an emergency are "requests for cooperation." If it is'request, 'it feels harsh to the user side, but I think that it is obligatory to pay the leave allowance because it is a voluntary management decision.

Q Under what circumstances is the leave allowance not paid?

Shimazaki:
“If you take a leave due to“ force majeure ”such as a natural disaster, it is said that you do not have to pay a leave allowance, and the spread of new coronavirus infection is considered to be the same as a natural disaster, but it does not apply in any case. For example, in a large department store, even if you refrain from operating the store, there are tasks such as personnel and accounting work, preparation for sales, product development, and work that can be done at home. It is not a "force majeure" holiday unless you have to take a rest even if you do it. "

Regarding leave allowance, the government is trying to encourage employers not to be disadvantageous to workers, expand employment adjustment subsidies, and use them as expenses for leave allowances. However, there is a voice that it is difficult to utilize because there is an upper limit on the amount of the subsidy and there is a burden on the user side and it takes a period from application to payment.

Q. Does the country want you to respond with an employment adjustment subsidy?

Shimazaki:
“I think it's too narrow to catch the issue of corona when it comes to discussions like there is no system other than employment adjustment subsidies. Both workers and employers are in a really difficult situation. If the state declares an emergency situation, and the employer complies with it and the labor force also complies with it, the state must ensure that the state is properly supported. There is, however, I would like the country to create a new system from the front as well, which will be the most effective countermeasure against infection. "

Case 2 Rent reduction / grace

Business owners of restaurants are increasingly consulting as to whether they can reduce or delay the rent of stores. If many restaurants become closed due to the extension of the emergency declaration, monthly rent payment will be heavy. We asked Okukunori, a lawyer who is familiar with real estate transactions.

Q. If the borrower requests a reduction or grace of the rent due to suspension of business, etc., how is it legally judged?

Oku Attorney:
I received multiple inquiries from the owner of a store that entered a large-scale commercial facility, saying "Is it necessary to pay rent even though the facility is closed for business?" Even if there is a clause in the lease contract that says "let's discuss" when a natural disaster or a force majeure event occurs, a clear countermeasure should be included in anticipation of such a situation. It's unlikely that you'll find one, and it's difficult to come up with clear answers in civil or other general law. ”

Q Regarding the rent, the Diet is also considering support measures, but if the situation continues, what are you worried about?

Oku Attorney: If the
lender says "I can't accept the reduction in rent because it is decided by the lease agreement", there is a risk that the borrower will go out of business and the rent income will be zero. In order to earn income, I think it is important for the lender and the borrower to hold hands and overcome this difficult situation according to a certain reduction.

Q What should a borrower do to request a reduction or grace of rent?

Oku Lawyer:
First of all, please prepare data that objectively shows the amount of sales and the amount of decrease in the number of customers, and for the time being, try to grasp the future cash flow for about half a year. How much sales did you have in the past? And now how much it is declining.I think that various efforts are being made in restaurants such as switching to takeaway, but after making such efforts, how much sales are declining, It may not be easy for the lender to be able to see all the information, as it is financially related, but for example, what percentage is depressed, and how many customers are lost due to shortened business hours? It is important to show how long the current situation will last. In, there is a very difficult problem, but to not give up, after firmly grasping the cash flow, it is also important to seek advice to professionals, such as lawyers. "

Case 3 Wedding cancellation fee

Cancellation of events and trips due to the spread of infection. The majority of consultations from individuals are about cancellation fees, especially at weddings, where the amount is large and there are many serious cases. We asked Noriko Homma, a lawyer familiar with consumer issues.

Q If a wedding is canceled due to Corona, is the couple obliged to pay the cancellation fee?

Attorney Homma: At a
wedding, people move from other prefectures and eat and drink with an unspecified number of people, so we understand that it cannot be held in a situation where the government demands to avoid "3 denseness". I think that it is general.Since it is a situation that "I can not do it even if I want to hold it", it is not legally a problem on the side of the ceremony nor the husband and wife's own convenience. Due to "force majeure", it is considered that the couple is not obliged to pay the cancellation fee due to the "dangerous burden" of civil law. "

On the other hand, Homma points out that in some cases cancellation fees may be charged. The time when one of them was canceled. At the time of cancellation, whether or not it was thought that it would not be possible to hold it due to social norms.

Attorney Homma
"Depending on the time you apply for cancellation, such as when you cancel at an early stage prior to the declaration of emergency, the cancellation fee may be determined based on the contract and it may be judged that the couple is at your own convenience."

When is that time, it is difficult to draw the line. As the situation of the spread of infection could not be read, there were times when it was very difficult for the bride and groom and the ceremony hall to judge whether the ceremony could be held. In fact, even before the declaration of emergency, there was a call to avoid "3 denseness". It is said that it cannot be said that the day of declaration is the boundary. A wedding has a long period from reservation to wedding. It costs a lot of money, and even if the cancellation fee is 10% of the estimate, it will be expensive. And the ceremonial hall, which is preparing for the event, suffers a great deal of damage due to the inability to hold the ceremony.

Q: The ceremonial hall will continue to be closed, and management will become quite difficult.

Attorney Honma: The
cancellation policy is a rule that the consumer wants to cancel at normal time, so it seems that there is no premise to apply it in situations like this. However, simply If canceled, the ceremony side will also have to pay the costs so far, so I think it would be desirable for both parties to flexibly respond to changes such as free dates and have discussions to resolve the issue. It may be necessary for the harsh enterprise to support each other in society as a whole, such as compensation for leave.

If you self-restrain yourself

Due to the extension of the emergency declaration, there are areas where the refraining of business is prolonged, and the business operators who are closed are further troubled. The lawyers interviewed this time told the business that they needed immediate leave compensation.

The Japan Federation of Bar Associations has set up a nationwide uniform point of contact for various legal counseling from individuals and businesses. It means that the lawyer in charge of the area will contact you depending on the content of the consultation. Applications for consultations are accepted on the Nichibenren's homepage, and by phone from 02:00 to 2:00 pm on weekdays from 0570-073-567.

Social department reporter
Yuhei Harano

Journal of Social Affairs Tsunetaka
Tanaka

Social Department reporter
Ayana Shimizu