Japan Press Weekly

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2009 April 22 - 28 [LABOR]

Court recognizes INAX contract workers as workers specified by the Labor Union Law

The Tokyo District Court on April 22 recognized self-employed contractors working at INAX as workers specified by the Trader Union Law.

Workers, who are assigned to maintenance services under contracts with INAX Maintenance Corporation, an affiliate of the major sanitary ware manufacturer INAX Corporation, filed a lawsuit because INAX Maintenance refused to negotiate with them.

The court pointed out that INAX Maintenance’s independent contractors are technically determined as workers by law because they have no right to refuse their duties or manage their working hours and work sites, receive concrete orders under the company’s rules regarding performance, and are compensated for providing services.

In 2004, self-employed contractors working at INAX Maintenance established their own union affiliated with the All Japan Construction, Transport and General Worker’s Union (Kenkoro). They have been demanding better working conditions because they are paid extremely low wages and are forced to work overtime without pay. They have been urging the company to negotiate with them.

INAX Maintenance, however, has refused to negotiate with them by insisting that they are independent contractors.