The Japanese government is trying
to revise the Labor Standards and Worker Dispatch Laws at the current Diet session.
In response, RENGO held its “4.17 Rally Against Changes That Negatively
Impact the Labor Standards/Worker Dispatch Laws” on April 17 at Hitotsubashi
Hall in Nihon Kyoiku Kaikan in Tokyo. At the rally 850 attendees pointed out the
problems in government bills on ‘rules of dismissal,’ ‘fixed-term
labor,’ ‘discretionary labor system (free time system)’ and
‘worker dispatches.’ They solidified their collective will to struggle
together with the opposition parties namely the Democratic Party of Japan, Social
Democratic Party, and Liberal Party, in and outside of the Diet, to seek radical
changes in the government’s bills.
 |
| Photo: GS Kusano strongly advocates blocking any negative change. (April 17, Tokyo) |
At the start of the rally, RENGO General Secretary Kusano stated that this series
of labor legislation revisions reflects the position of the government’s
Council for Regulatory Reform. He continued his harsh criticism saying that, “these
are policies which ignore the workers honest desire to work, his pride and feelings.”
After touching on the problem of employment insurance benefits cuts, GS Kusano
called on the audience to set aside the month of May as the United Action Month,
and called on RENGO, affiliated organizations and local RENGO to develop movements
both in and outside of the Diet.
Following that, Hitotsubashi University Law Professor Seigo Mori, lawyer Kunio
Miyasato, and UI ZENSEN DOMEI (Japanese Federation of Textile, Chemical, Food,
Commercial, Service and General Workers’ Unions) Policy Department Director
Naoto Oumi all pointed out the problems in the government’s revision bills.
Touching on the problem of the rules for dismissal in the bills Miyasato said,
”we are greatly concerned over what might be interpreted as the ‘burden
of proof (in improper dismissal disputes) lay on labor’s side.’”
It is a matter of no small significance to add the phrase ‘management may
dismiss’ in the Labor Standards Law. Director Oumi pointed out that the
“Labor Standards Law will lead to laws that promote dismissal.”
On the revision of fixed-term labor contracts Miyasato said, “while the
bill expands fixed-term employment, it does nothing regarding limits on the freedom
to leave a job.” He expressed concerns over the further spread of unstable
employment and stressed the necessity of workers protection measures.
Speakers advocated that relaxation of conditions for discretionary labor system
(free time system) should not be undertaken lightly. Professor Mori expressed
his concern saying, “there are actually few workers in Japan who use the
discretionary labor system.” He also stressed that “it is questionable
whether expansion of a discretionary labor system that allows long working hours
would mesh with a general trend toward shorter working hours.”
Several issues were raised over the Worker Dispatch Law. Professor Mori said that
it was unclear what sort of necessity and urgency this revision, coming less than
three years since the last revision in 1999, would be based. He further stated
that “the revision’s primary goal is to make it easier for companies
to use the worker dispatch system. On the other hand, insufficient consideration
is given to the unstable position of dispatched workers. The risk that regular
workers will be replaced by dispatched workers will greatly increase with this
revision, which seeks to extend the dispatch period by three years.”
To radically correct the government’s revision bill, Democratic Party of
Japan House of Representatives member Jojima, Social Democratic Party House of
Representatives member Kaneko, Liberal Party House of Representatives member Sato,
JAM (Japanese Association of Metal, Machinery and Manufacturing Workers’
Union) Assistant Secretary General Koide, and RENGO Tokyo Secretary General Endo
gave their resolutions. With regard to the Diet deliberations, they appealed for
full cooperation among the three opposition parties and that affiliated organizations
and local RENGO should adopt workplace resolutions and implement actions in unison
both in and outside the Diet.
At the close of the rally, the following resolution was adopted; “we demand
radical modification of the bill under deliberation at the Diet and are determined
not to hesitate to scrap it if our demands are not met.” The rally closed
with a three-part cheer joined in by all the participants. |
The 4.17 Rally
Resolution
Today we held a rally opposing negative changes in labor legislation. With
the participation of opposition party house members, we solidified our collective
will to oppose any negative changes to the Labor Standards and Workers Dispatch
Laws, and to seek radical revision to the government bills.
Prioritizing structural reform, the Koizumi Cabinet has taken the attitude of
“in the beginning there was the cabinet’s decision” and quickly
proceeded to reexamine labor legislation at the Cabinet’s Council for Regulatory
Reform and other places. During deliberation in related subcommittees, labor’s
argument that stresses worker protection has not been met. The bills submitted
at the ongoing Diet session are undesirable amendment bills, which might even
accelerate employment instability and expand longer work hours.
With regard to the rules for dismissal, these bills actually place the freedom
to dismiss in the foreground. It is necessary to radically correct these bills
to clarify that the burden of proof lay with management in litigation cases.
Regarding fixed-term contracts, by raising the ceiling on fixed-terms there is
the possibility of increasing unstable employment—in other words, those
workers who may be terminated at any given time. These bills should include measures
to protect workers such as equal labor conditions, ‘employment considered
to be non fixed-term labor’ (when fixed-term labor contract terms exceed
a certain period, employment will be regarded as open-ended), and guaranteed freedom
to leave employment.
As for the discretionary labor system (free time system), “discretionary
labor without discretionary power’ should be abandoned and extending long
working hours along with unpaid overtime must be stopped. In order to achieve
that, it is necessary to take measures that do not allow easy relaxation of conditions
or admit arbitrary expansion of those businesses that use the discretionary labor
system.
Furthermore, with regard to worker dispatch, this revision only prioritizes the
interest of dispatching businesses. We need it clearly written into the bills
that worker dispatch is limited to temporary work and it is vital to strengthen
worker protection through measures as achieving equal labor conditions and introducing
‘employment considered to be non fixed-term labor’ after a certain
period of placement.
We demand that the preceding points be radically revised at the Diet deliberations
and believe that to realize these points, we should proceed with firm determination
in our activities—poised and ready to not hesitate in the least to quash
the bills if our demands are not reached.
RENGO will set aside the month of May as United Action Month, in order to start
movements in workplaces and localities and develop struggles by industrial federations
and local RENGO both in and outside of the Diet.
With this rally as a benchmark, may the collective voice of all labor unions be
raised in their overwhelming opposition to negative changes in labor legislation
and stand up for actions that will achieve RENGO’s demands.
We hereby declare the preceding resolution.
April 17, 2003
4.17 Rally To Oppose Negative Changes in Labor Standards/Worker Dispatch Laws
|
|
|
