Two workers in Kyoto win court decision stating that their dismissal is invalid

A court ruled on May 14 that the dismissal of the two long-time hourly-wage workers, who were fired on the grounds that their contract was terminated, was invalid.

As reason for the judgment, the Kyoto District Court Fukuchiyama Branch judge said that the workers should be treated as the company's "employees" under the law and that their company had no need to fire them.

The two workers were working at the Fukuchiyama factory in Kyoto of the Sansei Yusoki Co., Ltd. (head office in Suita City, Osaka Pref.), a leading manufacturer of elevators, stage equipment, and amusement rides.

In August 1997 they formed a union as a branch of the All Japan Construction, Transport, and General Worker's Union (Kenkoro), but the company refused to engage in collective bargaining with the union on the grounds that the workers on an hourly-wage basis are subcontractors, not employees.

In December 1997 a local Labor Standards Inspection Office urged the company to treat them as its employees because the Labor Standards Law specifies a long-time hourly wage worker as a regular employee of a company.

Refusing the labor standards inspection office's recommendation, the company told the two workers to choose either to sign a subcontract or to be hired by a subcontractor company.

In March 1998, the company fired the workers who didn't choose either of the two offers, saying that their contract period was over. Kenkoro protested against the company decision and filed a suit, calling for cancellation of their dismissals. (end)