Top court dismisses bonus claim by hourly worker

NHK -- Oct 14
Japan's top court has dismissed a claim by a non-regular worker that her employer should pay her bonuses.

The woman in her 50s had worked as a secretary at Osaka Medical College on an hourly wage contract.

She filed the lawsuit, claiming that it was unreasonable that the college did not pay her bonuses though she did the same work as regular employees. She demanded the employer pay compensation.

After a district court dismissed her claim, the Osaka High Court overturned the ruling and ordered the college to pay her compensation worth 60 percent of bonuses received by regular employees. Both the plaintiff and the defendant appealed against the ruling.

Supreme Court presiding Justice Miyazaki Yuko said on Tuesday that the college assigns difficult tasks to regular employees, and they are subject to personnel transfers. She pointed out that the college pays bonuses for the purpose of securing workers who can fulfill tasks as regular employees.

Miyazaki also said tasks for non-regular workers appear to be easier than those for regular workers, and that it is too much to say that non-payment of bonuses was an unreasonable disparity.

The justice added, however, that similar claims should be examined on a case-by-case basis if there are any unreasonable disparities with regard to bonus payments.


大阪医科大学の元アルバイト職員の女性が正社員との待遇格差を是正して賞与を支給するよう求めた裁判で、最高裁は原告側の敗訴を言い渡しました。  判決のなかで、最高裁は「大学側は職務を遂行し得る人材確保やその定着を図るなどの目的から正社員に賞与を支給していた」としたうえで、「アルバイト職員だった原告に賞与を支給しないという労働条件の相違は不合理と認められるものにあたらない」と指摘しました。 - ANNnewsCH