October 31 & November 1, 2014
The Tokyo District Court on October 30 decided to reject the plaintiffs’ claim that legislation for cutting government employees’ wages in defiance of the National Personnel Authority (NPA) recommendation system violates the Japanese Constitution.
In 1948, following an order from the U.S. occupation forces, the government denied its employees their basic labor rights to bargain for their wages and working conditions, although the rights are guaranteed to all workers under Article 28 of the Constitution. As an alternative, the government introduced a new rule, the NPA recommendation system, under which government workers’ wages and working conditions are determined based on an NPA annual recommendation.
In February 2012, refusing to comply with the rule, the government unilaterally imposed on its workers an average 7.8% cut in pay.
Three months later, the Japan Federation of National Public Service Employees’ Unions (Kokko-roren) and its 370 members filed a lawsuit with the Tokyo District Court demanding payment of unpaid wages and compensation. In the lawsuit, the plaintiffs claimed that it is unconstitutional for the government to arbitrarily change its workers’ working conditions without reinstating their basic labor rights.
The court ruling, however, went along with the government argument that the NPA recommendation system has no legal binding power.
At a press conference after the ruling, Kokko-roren chair Miyagaki Tadashi criticized the ruling for turning its back on the government denial of workers’ basic labor rights.
Past related article:
> Arbitrary wage cut violates Constitution: gov’t union members file suit [May 26, 2012]
In 1948, following an order from the U.S. occupation forces, the government denied its employees their basic labor rights to bargain for their wages and working conditions, although the rights are guaranteed to all workers under Article 28 of the Constitution. As an alternative, the government introduced a new rule, the NPA recommendation system, under which government workers’ wages and working conditions are determined based on an NPA annual recommendation.
In February 2012, refusing to comply with the rule, the government unilaterally imposed on its workers an average 7.8% cut in pay.
Three months later, the Japan Federation of National Public Service Employees’ Unions (Kokko-roren) and its 370 members filed a lawsuit with the Tokyo District Court demanding payment of unpaid wages and compensation. In the lawsuit, the plaintiffs claimed that it is unconstitutional for the government to arbitrarily change its workers’ working conditions without reinstating their basic labor rights.
The court ruling, however, went along with the government argument that the NPA recommendation system has no legal binding power.
At a press conference after the ruling, Kokko-roren chair Miyagaki Tadashi criticized the ruling for turning its back on the government denial of workers’ basic labor rights.
Past related article:
> Arbitrary wage cut violates Constitution: gov’t union members file suit [May 26, 2012]
