May 29, 2020
A hotel manager and an assistant manager of the nationwide chain of business hotels "Super Hotel" filed a lawsuit against the company with the Tokyo District Court on May 28, demanding withdrawal of their dismissals using the coronavirus crisis as a pretext. They also demand 41.6 million yen in back pay.
The plaintiffs are a male manager and a female assistant manager working as independent contractors at a Super Hotel in Tokyo. However, they are actually "workers" as regarded by labor legislation, not independent contractors.
The two "workers", since they signed outsourcing contracts with Super Hotel. Co., Ltd. in September 2018, had been bound to work as live-in hotel managers 24/7 in line with the 1400-page manual compiled by Super Hotel. They had no authority over hotel operations. They worked 18 hours per day, with time off for napping, eating, and bathing, and received a monthly salary of only 100,000 yen.
By using the coronavirus situation as an excuse, the company on March 24 dismissed both of them who are members of the Tokyo Youth Union.
After filing the suit, the former hotel manager at a press conference held in the Labor Ministry office building said, "Because of the heavy workloads, many managers cannot survive more than one year."
Harada Niki, president of the Tokyo Youth Union, said, "We are receiving many requests for consultations from Super Hotel managers. We hope this legal action will be an opportunity to raise a question about the legality of certain 'workstyles outside of conventional employment options'."
Past related articles:
> Role of labor unions vital to overcome corona-induced calamity [May 4, 2020]
> Protect workers from unfair dismissals under coronavirus outbreak [April 10, 2020]
The plaintiffs are a male manager and a female assistant manager working as independent contractors at a Super Hotel in Tokyo. However, they are actually "workers" as regarded by labor legislation, not independent contractors.
The two "workers", since they signed outsourcing contracts with Super Hotel. Co., Ltd. in September 2018, had been bound to work as live-in hotel managers 24/7 in line with the 1400-page manual compiled by Super Hotel. They had no authority over hotel operations. They worked 18 hours per day, with time off for napping, eating, and bathing, and received a monthly salary of only 100,000 yen.
By using the coronavirus situation as an excuse, the company on March 24 dismissed both of them who are members of the Tokyo Youth Union.
After filing the suit, the former hotel manager at a press conference held in the Labor Ministry office building said, "Because of the heavy workloads, many managers cannot survive more than one year."
Harada Niki, president of the Tokyo Youth Union, said, "We are receiving many requests for consultations from Super Hotel managers. We hope this legal action will be an opportunity to raise a question about the legality of certain 'workstyles outside of conventional employment options'."
Past related articles:
> Role of labor unions vital to overcome corona-induced calamity [May 4, 2020]
> Protect workers from unfair dismissals under coronavirus outbreak [April 10, 2020]
