Japan Press Weekly

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2011 April 13 - 19 [LABOR]

INAX ‘contract workers’ win court determination recognizing them as ‘workers’ specified by the Labor Union Law

The Supreme Court on April 12 upheld a district court decision recognizing self-employed contractors working at INAX Maintenance Corporation as workers specified by the Labor Union Law.

The lawsuit was filed by members of the All Japan Construction, Transport and General Workers’ Union (Kenkoro), who are assigned to maintenance services for housing equipment under contract with INAX Maintenance Corporation.

The Tokyo District Court acknowledged that judging from this labor practice, INAX Maintenance’s individual contractors are workers under the law, and ordered the company to negotiate with them.

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The Kenkoro Osaka Branch in its statement issued on April 12 stated that the Supreme Court ruling will contribute to an advance in the struggle to protect workers’ rights and establishing an economy governed by fair labor laws.

Referring to the fact that more than one million workers are forced to work as independent contractors and disguised as “self-employed workers”, the statement pointed out that these workers are treated as sole proprietors (although they actually work as a paid workers) and are excluded from protections under labor laws.

The statement stated that the Supreme Court decision made it clear that these “self-employed workers” possess basic labor rights guaranteed by Article 28 of the Japanese Constitution.

The statement demanded that INAX Maintenance take this court decision seriously and negotiate with the union.

The statement also called on all workers disguised as sole traders or independent contractors to fight for better contracts and working conditions by joining unions.