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Kerosene sales firm recognizes salespersons on contract as its employees

Shuwa Sekiyu Nagoya, a subsidiary of an Osaka-based leading kerosene sales company, gave in to union demands that the company recognize route salespersons on contract as its employees and pay them back pay.

This was announced on July 6 by the Aichi Prefectural Headquarters of the National Union of General Workers' Union (Zenkoku-Ippan), an affiliate of the National Confederation of Trade Unions (Zenroren).

The company employed route salespersons as individual contractors so as to evade complying with the Labor Standards Law and paying the employer's share of contribution to social insurance premiums.

Job seekers have found the employment in classified ads that clearly indicates working hours and daily pay. However, the company made applicants sign sales consignment contracts.

However, in reality they worked as employees of the company. The company managed their working hours by having them punch in and out, imposed fines for late arrivals and errors, and assigned them to sales outlets and time schedules as the company designated.

Nine young route salespersons in March formed the Shuwa Sekiyu branch of Zenkoku-Ippan and had collective bargaining for better working conditions, stating "Recognize us as employees!"

These salespersons filed a complaint with the Aichi labor bureau, claming that the company used the consignment contract as disguise in order to evade compliance with the Labor Standards Law. The relevant Labor Standards Inspection Office instructed the company to redress this violation of the labor law.

Zenkoku-Ippan Shuwa Sekiyu branch chair Sasaki Takayoshi, 24 years old, said, "By founding a workers' union, we were able to reach an early settlement. Solidarity brought about this victory."
- Akahata, July 7, 2006