空の労働者、JAL165名不当解雇の闘いに連帯を

~原告団長内田妙子さんインタビュー~

2010年大晦日。世間の多くの人びとは、慌ただしく新年を迎える準備をしながら、ワクワクと心躍らせていたことだろう。そんななか、日本屈指の航空会社、鶴のトレードマークで有名なJAL(日本航空)で働く165名の労働者らは、大晦日に会社からクビを切られた。パイロット81名と客室乗務員84名。長年、誇りと情熱をもって空の安全を守るために仕事に従事してきた彼らは、なぜ、大晦日に仕事を奪われなければならなかったのだろうか。

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Standing up to the country’s flagship carrier

Credibility of justice system in spotlight as highest court to make ruling on JAL layoffs
BY HIFUMI OKUNUKI

Kuala Lumpur, 1977. The rain came down in torrents. The control tower instructed pilots to circle the airport pending better weather. The pilots had the option to divert to a nearby airport where things were quieter. Japan Airlines (JAL) was pushing its employees to cut costs, and the pilot of JAL’s DC8-60 decided not to divert and to circle until the rain let up.

But the rain did not yield. The DC8-60 ran low on fuel and was forced to land come what may. Eight of the 10 crew and 26 of 29 passengers perished in the ensuing crash. This tragedy would inspire one JAL employee, Taeko Uchida, to get serious about union activism in a way that would decades later find her leading a legal and labor battle against Japan’s flagship carrier.

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Would-be NTV announcer’s fate hangs on issues of morality and fraud

BY HIFUMI OKUNUKI
NOV 26, 2014

The prevalence of the employment custom of saiyō naitei (tentative job offers) may well be peculiar to Japan. As I touched upon in my March 27, 2012, column, university juniors and seniors skip class to attend work seminars, company orientations, internships and, finally, a series of tests and interviews with prospective employers.

Universities wholeheartedly approve of this shūkatsu job-hunting mania and are therefore quite lenient about attendance, assignments and other mere scholastic responsibilities. If things go well, seniors find themselves the lucky recipients of a saiyō naitei — an early promise of employment to begin the first April after graduation.

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‘Maternity harassment’ verdict benefits women, men — and our humanity

Last Thursday’s Supreme Court verdict in the “maternity harassment” case brought by a physical therapist in Hiroshima was the first of its kind, overturning decades of business-friendly jurisprudence along with rulings from the district and high courts.

As I mentioned in last year’s September Labor Pains (“Mata-hara: turning the clock back on women’s rights”), the word mata-hara is short for maternity harassment, just as seku-hara and pawa-hara refer to sexual harassment and power harassment, respectively. Maternity harassment means workplace discrimination against pregnant or childbearing women, including dismissal, contract nonrenewal and wage cuts.

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Job insecurity among Japan’s university teachers is a recipe for further decline

Buyer's market
Buyer’s market: With the population shrinking, colleges in Japan are desperate to seize a share of the dwindling ‘customer base.’ | ANN AKINO

Universities in Japan are caught up in a cutthroat struggle for survival. As the population of children plummets, so, in turn, does the number of college entrants.

The decline is particularly stark considering that the number of universities had swelled on the back of the postwar baby boom and bubble economy. Institutions of higher learning are frantic to seize a share of the dwindling “customer base.” Universities choosing students is a thing of the past: Now students select universities.

Born in the early 1970s, I’m what’s known in Japan as a second-wave baby boomer. As a college student in the early 1990s, I experienced the emotional stress and hardship of entrance-exam hell. Many uni hopefuls failed their exams and became so-called wandering ronin for a year until the next round of tests. The term was derived from samurai in the Meiji Era and earlier who left their feudal domain and thus belonged nowhere. During this “nowhere time,” these modern-day academic ronin often studied from early morning until late at night, leading to nervous breakdowns and even cases of children murdering their overbearing parents.

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職場には、民主的な従業員代表が必要だ!

先週、ある人から、以下のような相談を受けた。仮にAさんとしておこう。

「私はいま、東京に本社がある○○というコンサルティング会社で働いていて、もうすぐ3年になります。実は昨日、突然人事部から全社員にメールが来て、『〇〇社の従業員代表について信任投票を行います。従業員代表は、就業規則変更などの際に、従業員を代表して会社に意見を伝えていただくことになります。このたび〇〇社の従業員代表として、△△さんが推薦され、ご本人からもその候補者になる旨の申し出をいただきました。

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A democratically elected rep is every worker’s legal right

Workers
Workers’ voice in negotiations: The lack of a freely and fairly elected workers’ rep could cost employees dearly in the long run, allowing management to alter work rules and worsen conditions with little resistance. | BLOOMBERG

Last week Mr. A came to me for a labor consultation.

“I have worked for Company A for nearly three years,” he said, “and recently I received an email from human resources announcing an election for workers’ rep (jūgyōin daihyō). The email said that the rep’s job would be to communicate the opinion of the workforce on any changes to work rules (shūgyō kisoku), and that Ms. B had been nominated for the post. It went on to say that if an objection from a majority of employees was not received by a certain date, then management would consider her the victor.”

It was the first time Mr. A had heard anything about such a position. He asked me, “What on Earth is a workers’ rep? What do they do? I have nothing against Ms. B, so should I just leave it to her?”

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AKB48 members deserve to get workers’ comp for saw attack

AKB48 on stage

On May 25, a man wielding a saw attacked and wounded 19-year-old Rina Kawaei and 18-year-old Anna Iriyama, two members of bumper girl group AKB48, and a male staffer at an event where fans get to shake hands with their AKB idols.

Fortunately the injuries were minor, but fans were shocked. The victims and their AKB48 comrades must have been terrified.

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Japanese firms have much to lose in battles over bogus outsourcing

What is a gyōmu itaku contract? It is basically an outsourcing contract: A company decides it cannot handle a certain job itself, so it outsources the work to another company — or an individual. Individuals on gyōmu itaku contracts are not considered rōdōsha (employees/workers) in the legal sense, and are thus not protected by the Labor Standards Law or most other labor laws. In that way, gyōmu itaku contracts differ greatly from employment or labor contracts (rōdō keiyaku).

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Foreign workers fear exploitation as Olympic projects gather steam

My first Labor Pains column of the new fiscal year will look at the government’s recent proposal for bringing in foreign workers.

Various proposals on easing immigration restrictions for foreign workers have been bandied about in recent years, but they were inevitably scrapped because “Japan is but a tiny island nation.” (In fact, Japan is the fifth-largest island nation in the world, after Australia, Indonesia, Madagascar and Papua New Guinea.) Incidentally, there are currently 2.03 million foreign residents and more than 700,000 foreign workers in Japan, so the country is already quite multinational and multiethnic in composition.

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