Japan Press Weekly

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2011 June 1 - 7 [LABOR]

‘Nominal manager’ wins in court

The Tokyo District Court on May 31 ordered a discount store operator to pay a total of 1.65 million yen in back pay and compensation to its “nominal manager”.

Ex-store manager Shimizu Fumiyoshi, 31, was fighting in court against Ninety-nine Plus (subsidiary of leading convenience store chain Lawson) with the support of the Tokyo Metropolitan Youth Union. He was demanding compensation and unpaid overtime wages, claiming that crucially long-hours of work damaged his health.

The judge acknowledged Shimizu as a “nominal manager” and determined that the discount chain was neglecting an employer’s duty of ensuring workplace safety.

Shimizu became a store manager in just nine months after he joined Ninety-nine Plus in 2006. Despite his managerial post, he had no authority at all. The manager in name only was forced to work excessively long hours and to work overtime with no pay. His monthly wages decreased by 80,000 yen from what he used to receive when he was a shop assistant. Harsh working conditions drove him into a severe state of depression.

He is now taking a leave of absence from his job but showing a willingness to return to work.