シマノ 下請したうけ法ほう違反いはんで勧告かんこく 製造せいぞう委託いたく先さきに金型きんがたを無償むしょう保管ほかんさせる

The Japan Fair Trade Commission announced on the 17th that Shimano, a company with a global share in bicycle parts, was found to have violated the Subcontract Act by requiring subcontracted companies manufacturing bicycle and fishing gear parts to store production molds free of charge. The commission issued a recommendation for Shimano to pay the costs and take measures to prevent recurrence.

The company that received the recommendation is Shimano, which is headquartered in Sakai City, Osaka, and holds a global share mainly in parts such as gear shifters and brakes for sports bicycles.

According to the Japan Fair Trade Commission, since December the year before last, Shimano had approximately 120 subcontractors store more than 4,300 molds and other items used to manufacture bicycle gears and fishing reels free of charge, even though they had not placed orders for a long period.

Also, it is said that they made them enter the storage status of molds and other items into the companys system twice a year without paying any compensation.

The Japan Fair Trade Commission determined that these actions violated the Subcontract Act and issued a recommendation requiring payment of amounts equivalent to storage fees for moldings and other items, as well as compensation for the work performed, and called for measures to prevent recurrence.

Some departments had apparently been paying storage fees, but in response to the Fair Trade Commission’s inquiry, Shimano explained, “We were aware that making subcontractors store goods for free would violate the Subcontract Act, but our management was inadequate.”

On the other hand, the business operator who had been made to store it reportedly said things like, I was having trouble finding a place to store it.

Shimano: We take this matter seriously and will work to prevent recurrence. In response to the recommendation from the Japan Fair Trade Commission, Shimano stated that they are proceeding with payments and other measures to the relevant subcontractors. They commented, We take the recommendation seriously, and will review our internal training, strengthen our monitoring systems, and further enhance our compliance efforts to prevent any recurrence.

Last year, the Japan Fair Trade Commission recognized 21 cases in which companies made unjust demands on subcontractors, violating the Subcontract Act, and issued recommendations—the highest number since the Heisei era. Of these, more than 40%, or 9 cases, were related to the storage of molds.

Expert: As a customary practice, it is often the case that the business operator bears the costs. Regarding the series of recommendations by the Fair Trade Commission concerning the free storage of molds, lawyer Tetsuya Nagasawa, who is well-versed in the Antimonopoly Act and the Subcontract Act, commented, Issues surrounding the storage of molds have existed for a long time, and it has often been the practice for the subcontracted manufacturer to bear the costs.

By keeping the mold, there is an aspect of expecting future orders, but due to our position, it is difficult to charge fees, and in reality, I think the client has been taking advantage of that.

On top of that, if molds are stored for long periods and in large quantities, it could affect efficient production.

Returning to the principle that costs should be borne by those who ought to bear them, it is important for the ordering party to firmly recognize that making the contractor bear those costs is problematic.