Court orders JR to pay for overtime under flexitime system

The Hiroshima High Court on June 25 upheld the May 2001 lower court judgment and ordered Japan Railway West Company to pay plaintiffs overtime allowance even under the "flexitime" system.

The two plaintiffs, JR West workers, are members of the All Japan Construction, Transport and General Workers Union (CGU) affiliated with the National Confederation of Trade Unions (Zenroren).

All seven JRs as well as JR West use a system that enables companies to freely set the daily worktime within the framework of a 40-hour week. The system, however, requires prior setting of individual workers' work schedules (starting and finishing times).

JR West has abused this system. Just before employees begin to work based on the fixed-working hours, the corporation orders the workers to change their working schedules. Even though actual working hours exceed the initial schedule, JR West neglects to pay the overtime allowance. The company also ignores the Labor Standards Inspection Office's advice to rectify such abuse.

Pointing out that more than 30 percent of Japanese companies use the irregular working hour system, the CGU evaluated that the judgment will encourage workers who suffer from abuses caused by the system to take action. (end)