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文章

2020年9月22日

作者:
Labornet Japan

Japan: Irregular workers ask Supreme Court to recognize 'equal pay for equal work' in Metro Commerce lawsuit

[Excerpt translation from Japanese to English provided by the Business & Human Rights Resource Centre.]

“The women are angry! Supreme Court hears oral arguments in case over discrimination against irregular workers”, 16 Sep 2020

…The Supreme Court began hearing oral arguments in two lawsuits involving Osaka Medical College Hospital and Metro Commerce [a subsidiary of Tokyo Metro] over Article 20 of the Labor Contract Law. It has been six years since the district court ruled on the Metro Commerce case, which revolves around allegations of discrimination against irregular workers. Although the court awarded housing allowance to the irregular female workers at Metro Commerce who filed the lawsuit, it granted only a quarter of regular workers' severance pay to the plaintiffs, legally recognizing the disparity in basic salaries and bonuses given to regular versus irregular employees. The case in front of the Supreme Court will focus on the issue of severance pay…

..[A lawyer representing the plaintiffs] said, “Over 20 million people are irregular workers, and a disproportionate number are women. Nowadays a business can’t function without irregular workers. However, these employees are placed in a precarious situation and have been severely impacted by Covid-19. The judicial system must decide how to bridge the gap between regular and irregular workers”…[Another lawyer representing the plaintiffs] said, “The four irregular employees who filed this lawsuit have worked at Metro Commerce for over 10 years and have more experience than most regular employees. This shows that the company is making a false statement when they say regular employment is tied to long-term employment. Metro Commerce also legitimizes its poor treatment of irregular, contract employees by saying that their jobs are merely ‘second careers.’ However, these women are pillars of their household and have the knowledge and skills to operate stores by themselves. The company should offer a full severance pay, not just a quarter of the amount given to regular employees”…

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