Wednesday, March 27, 2013

Tezukayama U. faces criminal charges for labour standards violations

Unpaid Allowances in the 2010 School Year
Tezukayama University in Nara failed to pay a General Union member an allowance for cancelled classes. Classes scheduled to be taught in September 2010 were cancelled by the university on the grounds that “not enough students had signed up. Tezukayama paid the September wages, but nothing for the rest of the semester.
The union sent demands to the university asking that the cancelled classes be paid for as per the Labour Standards Law since the cancelled work was attributable to the employer. However, the university refused payment, insisting that “according to the employment contract, we only have to pay one month's worth of the wages”; that “the university has the authority to cancel classes at its own discretion”; and that “the cancellation was not for reasons attributable to the university”.
According to Article 26 of the Labour Standards Law, 60% of the average monthly wage must be paid when work is cancelled for reasons attributable to the employer. Since the employer is clearly responsible for ‘sales’ the cancelled work is the responsibility of the university.
The union member, accompanied by union officers, reported this to the Nara Labour Standards Office, seeking to redress the violation and on March 3, 2011, the Labour Standards Office ordered the university to pay the allowance for cancelled work.
Tezukayama University complied with the order, and paid the allowance.
[by General Union]

帝塚山大学 労基法違反で刑事告発

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