Monday, October 3, 2011

Tokyo High Court Penalizes Travel Company for Failing to Pay Overtime Work

National Union of General Workers, Tokyo Tobu, won a lawsuit against Hankyu Travel Support Co. for failing to pay overtime work. The Tokyo High Court upheld lower court’s decision on Sept. 14 that the company must calculate work hours of tour guides. The court dismissed the company’s claim that the overtime hours were included in the salary because it was difficult to calculate the hours. The court ordered the defendant to pay 513,730 yen unpaid and an equivalent amount for penalty.
At the press conference held at the labor ministry, the plaintiff, Ms. Toyoda, said she hoped the decision would help improve working conditions of her colleagues in the industry. “I am really happy that the court understood the working conditions of travel guides,” she said. “I will try to improve the working conditions of travel guides in solidarity with others.” (By Sugano, NUGW Tokyo Tobu) *Photo: Toyoda and lawyers in front of the court house after the verdict


 9月14日、東京東部労組HTS(阪急トラベルサポート)支部が闘っている「偽装みなし労働」撤廃のための不払い残業代請求裁判控訴審の判決があり、1審に続き、組合側完全勝利判決をかちとりました。高裁は、1審に続き、「添乗員の労働時間算定は可能」と明確に判断し、「事業場外みなし労働」の適用を否定。未払い残業代51万3730円の支払いを命じると共に、同額の付加金(ペナルティ)の支払いも命じました。組合はこの勝利判決を受け、弁護団とともに厚労省記者クラブで記者会見を行いました。その席で原告の豊田さんは「添乗員の業務の実態を分かってもらった判決でとても嬉しい。この判決をステップに、力をあわせてがんばる。これを期に業界全体が変わってほしい」と訴えました。(東部労組・菅野)  *写真=喜びの当該労働者と弁護団(裁判所前)


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