Ex-temp worker at pasta-chain wins entitlement to past overtime

Japan Press Weekly

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Ex-temp worker at pasta-chain wins entitlement to past overtime

An ex-temp worker at the pasta restaurant chain “Goemon” on August 24 was found eligible to his unpaid overtime in a lawsuit mediated by the Tokyo High Court.

The chain-management company acknowledged that the company not paying overtime by applying a “flexible working hour” system is in violation of the Labor Standards Law.

The metropolitan youth union, to which the claimant belongs, and his lawyers’ bench published a statement that the settlement represents a “complete victory for the worker.” It said, “If part-time and other temporary workers, who work for low wages, were to be paid less overtime due to the flexible working hour system, it would increase poverty, and must not be allowed.”

The flexible working hour system allows employers to respond to seasonal changes in business needs, but the law requires that that be stipulated in office regulations or be agreed upon in a written pact with workers.

In the settlement, the company paid to the worker 123,000 yen, including unpaid overtime and a disciplinary payment, and pledged to abide by the Labor Standards Law.

-Akahata, August 26, 2010