Part-timers file complaint for their unpaid overtime work to be paid

Japan Press Weekly

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Part-timers file complaint for their unpaid overtime work to be paid

Three part-time workers, who are members of the Metropolitan Area Youth Union, filed a criminal complaint on April 8 against the operator of a fast food restaurant chain with the Sendai Labor Standards Inspection office over unpaid overtime work.

They are charging Zensho Co., Ltd., which runs the “Sukiya” restaurant chain, with failure to comply with a Labor Standards Inspection Office instruction to pay them for overtime work under the Labor Standards Law.

Fukuoka Junko, one of the three union members, has requested the company to pay for 607.5 hours of overtime work and for 173 hours of work as restaurant manager.

At a press conference, Fukuoka said, “It is regrettable that the company is not sincere in responding to our demands. We cannot overlook the company’s unfair practices. We will fight in the interest of all workers who are working under similar conditions.”

Zensho has been claiming that it has no obligation to pay for their overtime work since it has not made a labor contract with them but outsourced jobs to them.

Lawyer Sasayama Naoto said, “That is a blatant lie. A help-wanted ad of the company states that it needs part-timers, but makes no reference to ‘outsourcing’.”

The three “Sukiya” workers established the union when part-time workers at their outlet were dismissed.

In September 2006, Zensho told the union that it will retract the dismissals and pay them overtime premiums.

But after the company refused to pay them for overtime work in back pay for two years, the union requested the Sendai Labor Standards Inspection Office to advise the company to redress the illegal labor practice while seeking settlement in bargaining talks.

In February 2008, the Labor Standards Inspection Office advised the company to redress the situation, but the employer did not comply with it and refused to hold collective bargaining talks with the union. The union then decided to file a complaint against the company.

Under the Labor Standards Law, failure to pay due wages will result in up to six months in prison or a fine of up to 300,000 yen.

- Akahata, April 9, 2008