Japan Press Weekly

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2011 June 15 - 21 [LABOR]

Sendai’s 107 non-regular workers fight back against unfair dismissals

With help from a trade union, 107 non-regular workers at two amusement complexes in Miyagi’s Sendai City are fighting back against their dismissals supposedly due to the earthquake.

They were working full-time as temporary workers at two stores in Korona World which includes pachinko (Japanese pinball) parlor, a cinema, a bowling center, karaoke, hot spring baths and a hotel. It is currently not open for business due to damage caused by the March 11 earthquake.

The facility operator, the Korona Group, sought to lay off all of its 568 non-regular workers in the disaster-hit Sendai City by paying out only 10,000 yen each.

Six concerned workers on March 23 contacted the Miyagi Federation of Trade Unions (Miyagi-roren - the local Zenroren) for advice and made an on-the-spot decision to set up a union branch. 107 out of the 568 non-regular workers joined the union right away.

Learning about the establishment of the union branch, the amusement and leisure company avoided having talks with them for more than one month and just said, “No, no, this is not a dismissal.”

Meanwhile, the Korona Group obtained a certificate which legalizes the termination of employment of workers without prior notice by using the natural disaster as an excuse, issued by the Labor Standards Inspection Office. The leisure facility owner on April 27 told the union workers that the company would not provide severance pay, although it was supposed to pay 107 workers a total of 81 million yen.

The Korona Group has 150 billion yen in annual net sales. It has enough in capital and assets to maintain jobs at its facilities in Sendai. Nevertheless, the labor authorities exempted the company from paying its workers severance pay. The authorities did not even inspect the workplace and failed to listen to the workers and the union representing them.

Japanese Communist Party member of the House of Representatives Takahashi Chizuko on May 11 took up this issue at the Diet and pointed out the invalidity of the certificate issued by the labor office.

Welfare and Labor Vice-Minister Komiyama Yoko in reply to Takahashi said, “I also think that the labor office made an inappropriate decision.”

When an employer dismisses an employee, it must notify her/him of dismissal at least 30 days in advance or must pay her/him money equivalent to wages for 30 days. However, if a natural catastrophe occurs and the employer is unable to stay in business, the Labor Standards Inspection Office can issue a certificate to exempt the employer from meeting labor requirements after confirming the business closure by visiting the worksite and questioning the employees and union representatives.