Tuesday, March 27, 2012
Good News for Temporary Tour Conductors: High Court overturns District Court's decision in a case on distorted work hours measurement
Tokyo High Court overturned a lower court's decision on March 7 in a lawsuit that temporary tour conductors affiliated with the Hankyu Travel Support (HTS) Local of the National Union of General Workers’ Tokyo Tobu filed against the travel company over the method to measure work hours and calculate overtime payments. The plaintiffs claimed that the company failed to calculate the overtime hours because of the nature of their work. HTS claimed that overtime hours were counted in their required work hours and overtime pay in their salary. Tokyo District Court approved of the company's claim in September 2011, though ordered it pay unpaid overtime hours and fines.
The high court judge, OTAKE Takashi, approved more overtime hours than the District Court did and ordered HTS pay a total of about 27 million yen including fines. In addition, the judge dismissed the company's claims on the calculation of work hours and overtime for tour conductors that the lower court endorsed.
"We have been struggling for nearly 4 years. We strongly urge HTS to respect the high court's order and treat tour conductors appropriately. We also hope that today's ruling will have a positive impact on the working conditions of all colleagues in the industry," said OSHIMA, one of the plaintiffs, in the press conference. (By Sugano, the NUGW Tokyo Tobu)
* Photo: Plaintiffs and attorneys (the poster says "victory!")