Japanese stewardesses sue Turkish Airlines for discrim employment conditions
Posted by debito on February 9th, 2009
Hi Blog. Here’s something that didn’t make the English-language news anywhere, as far as Google searches show. Japanese stewardesses are suing Turkish Airlines for unfair treatment and arbitrary termination of contract. They were also, according to some news reports I saw on Google and TV, angry at other working conditions they felt were substandard, such as lack of changing rooms. I even saw the headline “discrimination by nationality”. So they formed a union to negotiate with the airline, and then found themselves fired.
Fine. But this is definite Shoe on the Other Foot stuff, especially given the conditions that NJ frequently face in the Japanese workplace. Let’s hope this spirit of media understanding rubs off for NJ who might want to sue Japanese companies for the same sort of thing. Arudou Debito in Sapporo
(Text of article below follows, quickly translated by Arudou Debito)
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Dispatch stewardesses sue Turkish Airlines, demand acknowledgment of their status within the company
Sankei Shinbun January 29, 2009
PHOTO CAPTION: ”We want to be directly employed.” So charged Funada Akiko (R), member of the Turkish Airlines Union at a press conference at the Ministry of Health, Labour, and Welfare.
On January 29, 13 Japanese women contract workers under dispatch company “TEI” (Tokyo), who were working as flight attendants for Turkish Airlines, filed suit at Tokyo District Court. ”We were effectively working under the same conditions as if we were directly employed by the airline,” they said, and demanded recognition of this status in their contracts from both companies.
The litigants were members of the “Turkish Airlines Union”, led by Funada Akiko (34).
According to the lawsuit filed, the women were dispatched from TEI. Nevertheless, they were treated as if they were workers under a contract with Turkish Airlines. They were given essential training as flight attendants from Turkish Airlines, and had employment time slots as per Turkish Airlines flight plans. Each fulfilled their duties as a Japanese flight attendant, supervised by the airline.
At the press conference after filing suit, Ms Funada claimed that TEI would issue a notice dated February 28 that Japanese flight attendant contracts would be terminated. ”The contract period would last until June. We are furious at how one-sided this termination of contract was. We want to be employed directly as Japanese flight attendants.”
She continued, “There was an invisible division between us and the Turkish flight attendants, in terms of differential treatment and salary. We want to highlight this as a social problem, so that there won’t be any more second- and third-class treatment of staff in the airline industry.”
In September 2008, the 13 Japanese flight attendants formed a union of supporters. They filed for group negotiations with Turkish Airlines to demand direct employment. However, the airlines still apparently refuses to meet.
A 33-year-old woman who attended the press conference spoke strongly, “If there are no Japanese flight attendants in the airplane, what happens if there’s an emergency? How will Japanese passengers be attended to?”
The Japan branch of Turkish Airlines said in a statement, “We haven’t seen the legal brief yet, so we cannot comment at this time.” TEI: ”We haven’t received the brief, so we will reserve official comments for now.” ENDS
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派遣乗務員、地位確認求め提訴 トルコ航空など相手取り
http://sankei.jp.msn.com/affairs/trial/090129/trl0901292005011-n1.htm
派遣・請負会社「ＴＥＩ」（東京）の契約社員で、派遣先のトルコ航空の客室乗務員として働く日本人女性１３人は２９日、「実質的には航空会社から直接雇用の状態で働いていた」などとして、２社に対し雇用契約上の地位確認などを求め、東京地裁に提訴した。
提訴したのは、「トルコ航空ユニオン」委員長の船田明子さん（３４）ら。
訴状などによると、女性はＴＥＩから派遣されているにもかかわらず、トルコ航空が設けた契約に基づいて労務管理が行われていた。トルコ航空によって乗務に必要な教育訓練も実施され、飛行機の割り振りといった勤務時間も調整して決定。トルコ航空の指揮監督下で、日本人乗務員は各業務をこなしてきたとしている。
提訴後の会見で、船田さんは、ＴＥＩから、契約する日本人客室乗務員全員に、２月２８日付での解約予告通知書が届いたことを明らかにした上で、「契約期間は６月まであった。一方的な契約解除には憤りを感じる。日本人客室乗務員を直接雇用してもらいたい」と主張。「トルコ人の客室乗務員と、（給与面など待遇に差があるといった）目に見えない分断線があった。第２、第３の人員整理が航空業界で行われないよう、社会問題化してもらいたい」と訴えた。
昨年９月、日本人客室乗員員の有志１３人がユニオンを結成。トルコ航空に直接雇用などを求める団体交渉を申し入れていた。しかし、会社側は拒否し続けているという。
会見に出席した別の女性（３３）は、「機内から日本人の客室乗務員がいなくなれば、緊急事態の発生時に日本人の客に不安を与えかねない。客室の安全とサービスが落ちかねない」と語気を強めた。
トルコ航空日本支社は、「訴状も見ておらず、コメントできない」とし、ＴＥＩは「訴状が届いておらず、正式なコメントは控えたい」と話している。
ENDS More at:
http://news.google.co.jp/news?hl=ja&tab=wn&ned=jp&nolr=1&q=トルコ航空&btnG=検索
February 9th, 2009 at 5:22 pm
UPDATE: THIS IS A LITTLE DIFFERENT (not a dispatch worker) BUT SIMILAR IN THAT IT’S AN ARBITRARY DISMISSAL. COURTESY OF TERRIE’S TAKE. DEBITO
Mitsui sued for employee discrimination
Trading company giant Mitsui & Co., is being sued by one of
its ex-senior directors, an American who was employed by
the company in the U.S. for 18 years until his firing in
2006. The ex-employee claims that he was dismissed because
of both his nationality, his age, and because he started
questioning the company’s alleged discriminatory practices
towards non-Japanese. On the record he was fired for
“irregularities” in his expense reports, but as his lawyer
pointed out, the discrepancies in question occurred a full
five years before the dismissal, and in between time, he
had been acknowledged for his outstanding work for the
firm. ***Ed: It will be interesting to see where this
lawsuit goes. The complainant has pursued Mitsui for two
years now and we can imagine that he is seeking substantial
damages. 18 years doesn’t make him a simple dismissal. If
he is successful, this will set an example for other
ex-workers in the U.S. currently being fired to go after
their former Japanese bosses with more vigor.** (Source:
TT commentary from reuters.com, Feb 6, 2009)
http://www.reuters.com/article/marketsNews/idUSN0647490220090206
February 9th, 2009 at 8:38 pm
The problem when the shoe is on the other foot is that the foot is still attached to a human being.
It will be interesting to see if the Japanese court system is more discerning of the law when it comes to nationals versus foreigners.
February 9th, 2009 at 9:26 pm
A 33-year-old woman who attended the press conference spoke strongly, “If there are no Japanese flight attendants in the airplane, what happens if there’s an emergency? How will Japanese passengers be attended to?”
Huh? Japanese passengers can only be attended to by Japanese flight attendants?
It’s not clear if this 33-year-old woman is one of the litigants or not, but I hope she’s not speaking for them officially. You can’t claim to be the victim of “discrimination by nationality” while harboring basically the exact same thoughts while going about your job.
– Touche.
February 10th, 2009 at 4:58 am
What I’d like to know is: were the litigants discriminated against because they are Japanese, or discriminated against because they are not Turkish (i.e. they are FOREIGNERS!)?
February 10th, 2009 at 6:03 am
well,debito i think your response is a bit catty in that anyone who is complaining about discrimination should be supported whether they are japanese or not,but if they are dispatch workers i dont quite understand on what grounds they are filing on ..
the problem seems to be that they are dispatch workers who are working as basically contract employees-this is a problem which affects many japanese working at japanese companies as well
(and as we know many foreigners-english teachers etc)
i cant see that being made illegal.so its interesting they are using the race angle to try to get their way.
btw,do they speak turkish?i doubt it..thats one of the first tricks japanese companies pull on foreigners to deny them rights so i wonder how it works the other way round
February 10th, 2009 at 7:50 am
Um, well, you see it is all a matter of profound CULTURAL differences. Oh yes, indeed. The Turkish way of doing this is so UNIQUE and the Turkish culture allows, why even promotes, something known as “group accountability,” a mysterious concept that all you furreners probably haven’t heard about. Or else you call it names such as racism, from which it differs greatly, though the reasons are so profound and deep I can’t explain them.
Japanese stewardesses, who cannot even read Turkish, have no reason to complain. The idea of them demanding freedom to work on any airplane of their choice, especially to a high-class airline like Turkish Airlines, is absurd.
It is time we admitted that at times Turkish companies have the right to discriminate against some foreigners. If they do not, and Turkey ends up like our padlocked, mutually suspicious Western societies, we will all be the losers.
Gregarious Lark
G.L. is the Vice President of Inaka Kusai Daigaku and pontificates regularly in various media to ignorant furreners.
February 10th, 2009 at 9:51 am
THIS GOT CAUGHT IN THE SPAM FILTER. SENT BY J. HART. APOLOGIES. DEBITO
The above comment from Debito-san states that eighteen years does not make it a “simple” dismissal. Is there presently an objective definition of what constitutes a “non-simple” dismissal ? Was this person a permanent employee or hired based on a contract ? If the latter, how many times was it renewed ?
If the former, it should be noted that if he is in the US, the situation is likely subject to state rather than US federal law, as individual state laws are usually what dictates labor conditions in the US. It should also be noted that many if not most states permit “at-will” employment, which means that an non-contract (ex. non-union) employee can be dismissed, effectively without notice, for any reason whatsoever except race and possibly one or two others, depending on the individual state.
This is of special interest to me as I have recently been non-renewed after thirteen years.