A woman in her 60s who worked as a live-in housekeeper died after working long hours. The court dismissed the lawsuit on the grounds that, of the housework and nursing care performed by women, housework could not be said to be work based on the company's instructions.
Seven years ago, a 68-year-old woman who had registered with a company in Tokyo as a housekeeper and home care helper died after living in a home with a bedridden elderly person for a week and doing housework and nursing care.
The woman's husband applied for workers' compensation because her wife was working almost without rest, but it was not recognized as ``housekeepers are not covered by workers' compensation,'' and requested that the government's disposition be revoked.
According to the Labor Standards Act, housekeepers who work at home are not covered by work-related accidents because their working style is different from that of ordinary workers. I'm assuming I'm on the job.
In a ruling on the 29th, Chief Judge Masaki Katano of the Tokyo District Court ruled that ``housework is based on the employment contract with the user and cannot be recognized as a company's business''.
He added, ``It is illegal for the government to judge that nursing care is considered a domestic maid, even though nursing care was provided as part of the company's business, and to dispose of it based solely on the provisions of the law. Of the 168 hours of duty time in a week, it was just over 31 hours, and it cannot be said to be overwork."
Bereaved family intends to appeal ``The country should consider compensation measures''
Following the ruling, the bereaved family and lawyers held a meeting and indicated their intention to appeal.
Attorney Shoichi Ibusuki commented, "It's a very strange ruling because it made a formal judgment without looking at the actual situation. Although he admitted that he had been detained for 168 hours, the causal relationship with the death was a nursing care service. I feel that they are evading judgment by saying that only one is enough.There is absolutely no rationality in the fact that the Labor Standards Act does not apply to domestic workers in the first place."
The woman's husband said, "I wanted the court to make a drastic decision for the sake of the many people who work as housekeepers. Even though I have a job that is essential to society, I am treated the same as my wife. I think that more people will come out in the future.I would like the government to consider measures to compensate for the people who will live in the future."
Ministry of Health, Labor and Welfare "The country's claim was accepted"
In response to the ruling, the Ministry of Health, Labor and Welfare commented, ``We believe that the government's claim has been accepted.