Stop law change that runs counter to international rules -- Akahata editorial, May 30The parliamentary discussions on the bill to adversely revise the Labor Standards Law to make it easier for corporations to dismiss employees have revealed the dangerous consequences it would produce. The ruling parties are insisting on a vote on the bill at the House of Representatives committee on June 4 without adequate deliberations. This is unacceptable as it is an attempt to undermine the existing regulations on employment practices.
World standards call for regulations on dismissals
The proposed bill, if enacted, will flagrantly deny workers' rights in contravention of existing international work rules.
The bill basically allows employers to dismiss workers, making dismissals without rationality invalid as the only exception.
This is in violation of the International Labor Organization (ILO) Termination of Employment Convention, 1982 (NO. 158), with which Japan agreed. The agreement stipulates that dismissals without adequate reason should not take place based on Recommendation 166 calling for corporate efforts to avoid dismissals as much as possible.
In proposing the bill, the government argues that workers have the legal responsibility to prove that the dismissal is invalid when they go to court. This overturns the current principle that courts require employers to prove that the dismissal is valid. This change of rules will make it very difficult for workers to be relieved.
The ILO convention states that the employer has the burden of proof to show acceptable reason for dismissals.
The government explains that the bill's text on rules regarding dismissals is based on Supreme Court judicial precedents. If so, the government should delete the clause allowing the right to dismiss employees as a general principle and include a clause explicitly banning the abuse of the right of dismissal without appropriate reason.
The proposed change to extend the fixed-term employment contracts on temporary workers from the present one year to three years will also give companies greater flexibility in using cheap labor for a longer period.
This will virtually allow companies to hire workers on a three-years contract, paving the way for an early retirement system. Full-time workers are likely to be told to change their status into contract workers. On the other hand, employees will be bound by the contract to stay in the workplace until the term expires, however harsh the working conditions may be.
The ILO's Termination of Employment Convention No. 158 regards full-time employment as a basic principle and any fixed-term employment as an exception. This provision is designed to outlaw the use of fixed-term employment as a means to evade restrictions on dismissals. The government proposal to accelerate replacing full-time workers with temporary and other contingent workers contradicts the ILO convention.
Equal treatment of part-time and temporary workers with full-time workers is the world's common sense standard. The need now is to guarantee basic labor rights for contract and other contingent workers in order to pave the way for equal treatment of all workers irrespective of job category.
If the requirements for the discretionary work schedule system, which imposes harsh working conditions on employees, is introduced to planning-related jobs, it will sooner or later be expanded to cover the entire white-color workforce. This is not only in violation of the ILO Convention No. 1's 8-hour day principle; it is also in violation of the government policy of eliminating unpaid overwork. Such a policy will only help to justify unpaid overwork. Therefore, the introduction of the discretionary work schedule should be applied only to limited categories.
Arguing for the need to meet "the globalization of the economy" and "increasing competitiveness", the government has eased regulations on the labor market. However, the need is now for the government to establish rules on working conditions in accordance with relevant world standards.
Okuda Hiroshi, Japan Business Federation president, once advocated that regulations on dismissals should never be eased on the grounds that such deregulation would lead to the collapse of morals of the management, who would not hesitate to take advantage of such steps.
Ensure employment and rights of workers
Japan's big businesses are cutting full-time jobs and hiring short-term workers at low wages. Social responsibility of these corporations must be called into question. In the easy-going pursuit of profits through cost-cutting efforts, they are pushing ahead with massive personnel cuts. Such a policy will only lead to further falls in personal income and consumption, that would in turn lead to a downturn of Japan's corporations and industry and deepen the national economy, a vicious circle.
We cannot allow the proposed adverse revision of the Labor Standards Law to be enacted. Securing jobs and workers' rights is essential for the rehabilitation of the Japanese economy. (end)