Japan Press Weekly

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2012 February 22 - 28 [LABOR]

TV worker struggles in court for stable job

In the TV industry where a majority of employees are temps, a licensed radio operator is fighting in court for regular worker status.

Miyazaki Koji, a licensed first-class technical radio operator for on-the-ground services, was dispatched to Fukuoka-based Television Nishi Nippon Corporation (TNC) from the TNC Project (T-Pro), a 100% subsidiary of TNC. Although the licensed radio operating work is an absolute requirement for a TV station under the Radio Law, Miyazaki’s status was unstable because he had to renew his contract with T-Pro every year. He worked with them for 11 years, doing the same job as that of regular employees for half the pay.

In June 2009, Miyazaki filed a lawsuit with the Fukuoka District Court, calling for TNC regular employee status and compensation of the wage gap of 42 million yen.

The district court on February 8, however, rejected all the claims of the plaintiff.

The transmission which Miyazaki was operating is designated by the Worker Dispatch Law as a job that employers must assign to workers on regular contracts. However, TNC disguised Miyazaki’s job as one allowed to work under renewed contracts. In violation of the Worker Dispatch Law, Miyazaki was dispatched exclusively to TNC. TNC has an obligation under the Worker Dispatch Law to offer him a direct work contract because he has worked for them for more than three years.

However, the district court dismissed the plaintiff’s claims and charges, without referring to TNC’s violation of the Worker Dispatch Law and the Radio Law or to TNC’s disguising of Miyazaki’s job description.

On the day of the judgment, over a hundred TV industry workers gathered in a rally to support the single plaintiff. Miyazaki said, “About 10 million temporary workers like me won’t be saved by this ruling.” He expressed his determination to appeal to a higher court, saying that he wants to stop the broadcast industry from taking the lead in replacing regular workers with temporary workers.

In fact, over 60% of TNC employees are temps. TNC threatened Miyazaki, who tried to set up a trade union to call for regular employment, with transfer orders and wage cuts.