July 18, 2013
The Labor Ministry has published instructions to corporations to avoid inhumane downsizing tactics such as the use of “lockout” dismissals, the outcome of continuous pressure exerted on the ministry by the Japanese Communist Party.
A booklet released by the ministry describes proper labor management procedures to be followed under a severe business climate. Its introduction states that in corporate restructuring, companies should “avoid taking measures that could damage mutual trust with workers and their dignity.”
The ministry said that it included in the instructions “issues which have become contentious issues” in the recent corporate downsizing moves.
The JCP in the Diet has continuously taken up issues of outrageous restructuring measures carried out by large corporations, including NEC and IBM Japan.
As for the NEC case, a worker, who was targeted in the company’s restructuring plan, nearly resorted to committing suicide after repeated private interviews with his supervisor pressuring him to retire early. IBM Japan adopted the so-called “lockout” layoff strategy in which targeted workers were unilaterally kicked out from their workplaces immediately after receiving their dismissal notice. The company also dismissed workers by labeling them as workers with “poor job performance”.
Regarding companies’ measures to force employees to accept an early retirement offer, the pamphlet points out that such measures could be regarded as “illegal and in violation of workers’ rights.”
The brochure calls on employers to respect the dismissal rules established under labor laws and the “four requirements for dismissing workers” established by Supreme Court rulings: prove the necessity of a job-cut; make every possible effort to avoid dismissals; provide a verifiable reason for selecting a worker who is to be fired; negotiate in good faith with a union or with targeted workers.
A booklet released by the ministry describes proper labor management procedures to be followed under a severe business climate. Its introduction states that in corporate restructuring, companies should “avoid taking measures that could damage mutual trust with workers and their dignity.”
The ministry said that it included in the instructions “issues which have become contentious issues” in the recent corporate downsizing moves.
The JCP in the Diet has continuously taken up issues of outrageous restructuring measures carried out by large corporations, including NEC and IBM Japan.
As for the NEC case, a worker, who was targeted in the company’s restructuring plan, nearly resorted to committing suicide after repeated private interviews with his supervisor pressuring him to retire early. IBM Japan adopted the so-called “lockout” layoff strategy in which targeted workers were unilaterally kicked out from their workplaces immediately after receiving their dismissal notice. The company also dismissed workers by labeling them as workers with “poor job performance”.
Regarding companies’ measures to force employees to accept an early retirement offer, the pamphlet points out that such measures could be regarded as “illegal and in violation of workers’ rights.”
The brochure calls on employers to respect the dismissal rules established under labor laws and the “four requirements for dismissing workers” established by Supreme Court rulings: prove the necessity of a job-cut; make every possible effort to avoid dismissals; provide a verifiable reason for selecting a worker who is to be fired; negotiate in good faith with a union or with targeted workers.
