Selection criteria for dismissal
Captain: 55 years and older; Co-pilot: 48 years and older; Cabin crew: 52 years and older
Those who have had limited their flight hours due to medical/personal reasons.
Those who had a sick-leave record during the specified period by the company.
No need of dismissal at all
Regardless of the fact that the number of employees who accepted the voluntary retirement proposal exceeded the initial numerical target for the workforce reduction plan, the JAL management still pushed forward with wrongful dismissal.
JAL (main body):
Target number of voluntary retirees: 1,500;
Actual number of voluntary retirees: 1,733
Target number of voluntary retirees: 570
Actual number of voluntary retirees: 763
Target number of retirees: 130
Actual number of retirees: 154
Despite this outcome, JAL forcibly dismissed 81 pilots including 18 captains and 85 cabin crewmembers.
About JAL dismissal (more info )
renewal 01 Jun.2015
JAL went bankrupt in January of 2010. Company Reconstruction Act was applied and restructuring was undertaken by a court selected administrator. The administrator formulated the restructuring plan and obtained court approval. The plan was to reduce the size of the JAL group to approximately two-third. The employee number was to be reduced from 48,000 to 32,000. Obviously the pilots and cabin crews were also to be reduced but dismissal was not in the plan. However the administrator made redundant 81 pilots and 84 cabin crews on 31 December 2010 saying that pilots and cabin crews were the only jobs not meeting the reduction target numbers.
The union carried out a right to strike vote in protest of this dismissal but received interference by the company through unfair labor actions. As a result, among the pilots laid off were the chairman of the then ALPA Japan, committee chairman, deputy director of IND and furthermore chairman of aviation labor union liaison committee and chairman of aviation safety council. This was a clear illegal act to remove the activist of the labor union and had a big influence on the negotiation to secure the safety of aviation in Japan.
In order to resolve these issues a statement was submitted by IFALPA, ECA, OCCC and ITF to the Japanese government and JAL but remained ignored and this can be said to be an act against international etiquette. Furthermore recommendations were offered twice by the Freedom of Association Committee of ILO. This, as well, was being ignored. The pilots who have been made redundant appealed to the court of the invalidity of the dismissal in January 2011 but lost the case at the Tokyo District Court, lost the case at the Tokyo High Court and the final appeal was rejected at the Supreme Court in February 2015.
This trial was the first case in Japan in which a big company has gone bankrupt and the validity of a dismissal during the restructuring process while receiving support by the country was in question. However the trial was very unfair since despite proving the employee number at the time of dismissal and the intervening actions against the right to strike it was not taken up. In contrast a statement was issued by Japan Lawyers Association for Freedom group of Japanese lawyers protesting the judiciary and supporting our movement. At the same time statement of support are being issued by various labor unions.
We will continue to do our best back to JAL, and also call for continued support from all of you.
Demanding Right and Humanly Decision
Following the JAL philosophy: “Doing what is right as a human being” --- Base criteria for decision-making
We, 165 pilots and cabin crew members of Japan Airlines (JAL), were dismissed on New Year’s Eve 2010.
This forcible redundancy was taken place based on a discriminative age and sick-leave record in the past.
We demand the company to retract the wrongful dismissal and restore our jobs immediately.
We'll be back