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Litigation and courts have been important arbiters of labour policy reforms aimed at redressing Japan's growing social inequality. This article considers seven lawsuits brought by non-regular workers, who sought to use Article 20 of the 2012 Labour Contracts Act to gain equal pay for equal work. All seven cases reached Japan's Supreme Court amid Abe Shinzō's 2018 labour reforms. The Court's interpretations reaffirmed employer discretion in categorising employees as a reasonable principle, albeit one which limits the law's power to redress wage inequality. However, the Court also found the non-provision of various minor benefits to be unreasonable. These outcomes evince a pattern in which litigation marginally transforms reformed labour policy into institutional support for greater equality of compensation and benefits between workers of different statuses. More than advancing equal pay for equal work, the outcomes of these cases support recent government-industry campaigns to boost productivity by encouraging increased use of job-based treatment and diversifying Japan's employment system. [ABSTRACT FROM AUTHOR]

This article analyzes the particular circumstances of temporary dispatched workers ( haken rōdōsha) and a feature of their job insecurity as one facet of the growing inequality in contemporary Japanese society, focusing on the relative ease with which these workers are dismissed both legally and in practice. By contrasting with other more familiar forms of insecure labor in Japan, the paper examines the triangular relationship involving the three parties that characterize dispatched labor: the user, the employer, and the employee. The Worker Dispatching Act, which was enacted and then deregulated, enabled Japanese corporations to use dispatched workers while securing the capacity to remove them from their workplaces as a business transaction and not within the bounds of an employer-employee relationship. Using the theoretical framework of risk, the paper analyzes the emergence and spread of the triangular labor relationship as risk being shifted from the corporate level to the individual dispatched workers. It examines the consequences of the shift of risk by introducing cases of dismissal from fieldwork conducted during the global recession over the winter of 2009. [ABSTRACT FROM AUTHOR]