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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 62. The Committee last examined this case; which concerns allegations that the dismissal of workers by Japan Airlines International was carried out in such a way as to discriminate against workers who are members of certain trade unions, at its June 2012 meeting [see 364th Report, paras 594–649]. On that occasion, the Committee made the following recommendations:
- (a) The Committee requests the Government to ensure that during the process of workforce reduction, measures are taken in consultation with the parties concerned, for the functioning of the union and the continuing representation of the workers.
- (b) Noting that 148 workers dismissed by the company filed a lawsuit against the company before the Tokyo District Court, in January 2011, to request confirmation by the court of the existence of legally binding contracts between themselves and the company, the Committee requests the Government to provide information on the outcome of the pending cases in court.
- (c) The Committee stresses the importance of engaging in full and frank consultation with trade unions when elaborating restructuring programmes, since they have a fundamental role to play in ensuring that programmes of this nature have the least possible negative impact on workers. The Committee hopes that the Government will ensure full respect for this principle.
- (d) With regard to the order of remedies rendered on 3 August 2011 by the Tokyo Metropolitan Labour Relations Commission on “unfair labour practices by the Enterprise Turnaround Initiative Corporation (ETIC)”, the Committee requests the Government to provide information on the outcome of the appeal lodged by the company on 1 September 2011 to the Tokyo District Court requesting the remedies be set aside.
- 63. In a communication dated 10 October 2012, the Japan Airlines Flight Crew Union (JFU) and the Japan Airlines Cabin Crew Union (CCU) indicated that, following the Committee’s recommendations, they called upon the authorities – namely the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare – and the company to ensure that consultations are held between the parties concerned during the process of workforce reduction. The complainant alleges, however, that the Ministries, without having examined the Committee’s recommendations, simply responded that they would report at an appropriate time to the ILO. On its part, the company argued that being the defendant in a lawsuit pending before the Tokyo High Court, it had to be cautious about talks with the unions on the dismissals and it would respond to the Committee’s recommendations following requests from the authorities. With regard to the situation of workers in the company, the complainants stated that, in April 2012, the company announced that it would start the recruitment of 710 cabin attendants. As of July 2012, 510 workers joined the company. In July 2012, the company announced that it would further recruit 230 cabin attendants, making the total 940. However, the reinstatement of the dismissed workers has not been effective despite repeated requests from the CCU and support from the public. According to the complainants, the total workforce of the company decreased from 48,714 in March 2010 to 31,263 in March 2011. There was now an extremely serious staff shortage in every workplace. Moreover, drastic pay cuts, deteriorating working conditions and staff reductions had impacted on the workers’ motivation resulting in 100 pilots, 700 cabin attendants and 200 engineers voluntarily leaving the company during the period after the compulsory redundancy carried out until September 2012.
- 64. In a communication dated 27 August 2013, the Government considered, with regard to recommendations (a) and (c) of the Committee, that sufficient measures existed in Japan to allow for negotiations between employers and labour unions. With regard to the lawsuit filed by 146 workers to request confirmation by the Tokyo District Court of the existence of legally binding contracts between themselves and the company, the Government indicated that the lawsuit was rejected, however the plaintiffs appealed the verdict to the Tokyo High Court and the case was pending. With regard to the appeal lodged by the company to the Tokyo District Court concerning the order of remedies of the Tokyo Metropolitan Labour Relations Commission, the Government indicated that the case was still pending.
- 65. The Committee takes due note of the information provided by the Government and the complainants. With respect to the lawsuit filed by 146 workers to request confirmation of the existence of legally binding contracts between themselves and Japan Airlines International, the Committee notes that the lawsuit was rejected on March 2012, however the plaintiffs appealed to the Tokyo High Court on April 2012 and the case was pending. The Committee requests the Government to keep it informed of the decision of the Tokyo High Court, as well as any follow-up measures taken as a result. With reference to the appeal lodged by the company to the Tokyo District Court concerning the order of remedies of the Tokyo Metropolitan Labour Relations Commission, the Committee notes that the case is still pending and requests the Government to keep it informed of any outcome to the appeal.
- 66. Nothing further that, according to the complainant, the company announced a recruitment campaign of 940 cabin attendants in 2012, the Committee recalls, from its previous examination of this case, the importance it places on the engagement of full and frank consultations with trade unions when companies elaborate restructuring programmes and expects that such consultations will also be engaged in with all the trade unions concerned with respect to the new recruitment campaign so that their views concerning the rehiring of workers following termination for economic reasons may be taken into account.
