■ Solution date: July 2015 ■ Job title: Driver
■ Length of service: 3 years and 6 months
The user is in charge of picking up kindergarten children and has a one-year outsourcing contract with the person (bus driver) who is engaged in the pick-up service.
The union members developed heart disease for a year and a half and returned to work after a leave of about one month. Two months after the renewal of this year’s consignment contract, a result of “with work restrictions” that prohibits night work and work over 8 hours was obtained. Immediately after that, the user notified the contract cancellation after one month because the result of the medical checkup was “work restriction”.
There was no work at night for union members, and the working hours per day were within 8 hours, so the restriction on working for union members was not related to actual work. In addition, the work performance was under the command of the employer, and from the actual situation, it could be regarded as a labor contract. Judged that there was no reasonable reason to cancel the contract, and requested that the contract cancellation notice be withdrawn and the contract continued. In addition, he has been working for many years not listed in the business consignment contract, so he requested payment of wages for the execution of the business.
The employer argued that, regardless of the contents of the work restrictions, the internal regulations determined that the contracts of those who were once “employment restricted” were immediately canceled, and that the contract cancellation was justified. He argued that verbal agreements were also established for non-contracted work.
The union argued that there was no labor-management agreement or document on the reason for the cancellation of the contract, the scope of the business, and the argument was parallel, and the discussion was a parallel line. The agreement was canceled and other terms and conditions were agreed.