| Is Personnel Cut Justified?
Q. I was admitted to 00 department store and was working at general administrative dept. Our department store opened a branch shop and staffs of general administrative dept. as well as me were ordered to work at the branch shop with my position subbed by service persons. The company curtailed personnel in 1997. In April for the first, 10 staffs having the same or higher position than section manager were cut. On May 30rd for the second, two managing directors and on June 30rd for the third, 7 staff of general administrative dept. including me are going to be cut. Is there any way we can protect it? A. Personnel curtailment item in labor laws which were amended this year is postponed to execute until March, 1999. Accordingly, all current cases should be judged by the Supreme Court's precedent. According to the precedent, the only case having the following elements is justified. - Was personnel curtailment inevitable for business? - Did employer do his/her best to avoid cutting personnel? - Was curtailment personnel selected according to the reasonable and fair standard? - Did employer made a sincere negotiation with union leaders? However, we can predict it is not justified considering that department store is not in difficulties for business according to the fact that they opened a branch shop. Additionally, they are trying to replace curtailment personnel with service persons and did not make negotiations at all with labor union. Results The would-be curtailment personnel of seven persons composed the "counterplan committee" and made it for interviews with union leader which was passive managing this problem. Besides, they led interviews with not only the company but labor inspector from the Ministry of Labor and made a call telling the curtailment is illegal and urging the union to be more active for solving the problem. On the other hand, they imposed the attendants to study collective agreement and employment rules and to make those known to union members. And they informed attendants of the current drift, legal counterplan against curtailment, as well as realities and problems of service jobs. The company was so nervous that it suggested a negotiation first, because it has had no experience with collective laborers request and it had been informed that the Call for Equality was involved. The company gave up the curtailment of seven persons. It is regretful that some workers were talked into quitting the job being given three months' payment, though. |