Dispatch

Who is your REAL employer? - BE AWARE!

What's the difference?

• Direct Employment - means that the BoE hires you, pays you, and controls your workday. In the union's opinion, this is the ideal situation, because teachers know exactly where they stand in regards to their employment.

• HAKEN - Your employer is not the BoE, even though they control your work. You are hired by private company X which sends you to the BoE: X hires you and pays your salary, and the BoE trains you and directs your work.

• ININ - The BoE is neither your employer, nor do they control your work. In this case X hires you, pays you, trains you, and controls your work: the BoE is simply the work location.

[top]

So why does the difference matter?

• Direct Employment - There is no misunderstanding of who the employer is, and usually you are made aware of workplace regulations. Also, there is no argument about who the union should negotiate with, as there is only one possible employer. Job losses appear to be fewer and it's easier to negotiate if job losses do occur.

• HAKEN - Under this system, there may be different expectations on you because in a sense you have two bosses. In order to dispatch a teacher under the HAKEN system, the dispatching company must have a special license. The union believes that this is the only legal kind of dispatch allowed to school boards and universities (see below). Also, because this is supposed to be a temporary placement, after one year (three years as of January 1, 2004) the school board is required to stop using a dispatch agency and either make the job a direct hire or abolish the job itself. This is to ensure that schools don't keep people temporary forever. Many boards have disregarded this one year limit or claim that the dispatch is not HAKEN. The Osaka Prefectural Board's plan was to use HAKEN forever by leaving a gap between employment terms so that they could claim the jobs were temporary. This also leads to employment insecurity as the dispatch contracts need to be renewed each year. If your present employer loses the contract with the school board, you are out of a job.

• ININ - According to the Osaka Prefectural Board of Education, this system is illegal in any school board as it is a violation of the Education Law which does not allow teachers who are not under the control of the board of education to work in a school. Despite this, many school boards use this method as there is no limit on the length of time a teacher can be dispatched for (see below). This kind of employment is extremely insecure, as the dispatch contracts need to be renewed each year. If your present employer loses the school board contract, again, you are out of a job.

What should I do if I work at a school board?

[top]

For Real Secure Jobs - Stop Sub-Contracting

• Universities and Junior Colleges

  This sector continues to see a deterioration of conditions and job losses, due to the discriminatory treatment of part time lecturers, and the steady growth of the dispatch system. The failure of many of these institutions to follow the labour laws of Japan has put them in direct conflict with NUGW unions across the country. This sectors further failure to enroll teachers in unemployment insurance, or offer any kind of job security, leaves teachers in a vulnerable position. The General Union's victory in forcing Ritsumeikan University to enroll teachers into the unemployment insurance fund will go a long way in winning this right at universities across Japan.

• Tokyo Board of Education

  AETs at the Tokyo Metropolitan High School were told by the board that they should consider themselves not to be employees and more importantly, the board would therefore not negotiate with their union NUGW Tokyo South. A victory at the Tokyo Labour Commission has now secured their right to bargaining and their status as employees. Sad that the largest board in the country has gone down to the level of the worst of the Eikaiwas.

• Kita Kyushu Board of Education

  The 'Owls' Company dispatches to the Kitakyushu Board of Education. OWLS refused to recognise the teachers they dispatched as employees, instead classifying them as sub-contractors. This meant that teachers were not able to claim basic rights such as paid annual leave, unemployment insurance, and the right to have a union represent them. After pressure from the Fukuoka General Union, Owls agreed to recognize the teachers as employees. This is a big step but the illegal ININ dispatch system between the company and the board continues.

• Osaka Prefectural Board of Education

  The Osaka Prefectural Board, even though they have used the legal HAKEN system of dispatch as opposed to ININ has undermined employment security for foreign teachers. The board was unable to answer why they moved from their past system of direct hires to using ECC's subsidiary 'Best Career' (who couldn't even fill the positions they promised to). One important revelation that the board admitted to the General Union is that in their opinion, the ININ dispatch system was a violation of the Education Law as boards of education could not maintain direct control over teachers' work. When asked why the Hirakata and Toyonaka City Boards have not been ordered to stop using the illegal ININ system, the Prefectural board answered that they would only give these city boards direction if they were asked to by the boards themselves.

• Nishinomiya Board of Education

  Despite this board being warned by the union that the use of ININ workers is illegal under the Education Law, they went ahead in October 2003 and brought in two ININ teachers. The General Union, after winning the end of contract limits for AETs, views this contracting out of work as an attempt to bust the union at the board and as a violation of not only the Dispatch and Education Laws, but also of the Trade Union Law (Article 7, Unfair Labour Practices)

If you're not directly employed, what kind of dispatch do you fall under? If you answer YES to any of the questions below, chances are you come under the HAKEN system. YES - The school directs my work in terms of scheduling and class times. YES - The school decides the textbook and/or curriculum. YES - The school supervises my teaching. YES - The school board provides training and meetings for the teachers.

[top]

学校当局・教育委員会は　まともな直接雇用をせよ．
労働法に違反した「入札」は，講師の使い捨て

大学・短大では

東京都教委では

北九州市教委では

大阪府教委では

西宮市教委では

[top]

違法な「派遣」や「委託」ではなく　まともな雇用を

「派遣」とは

もし派遣先が派遣労働者を嫌がったり，派遣契約を解除した場合でも，派遣元は解雇できません．派遣元との雇用関係は変わらないので，仕事を提供し続ける義務があります．

「委任・委託」とは

委託された個人は，労働者と認められず，労働法の権利はありません．税金も，所得税でなく事業税となります．契約解除は簡単で，保険もなく，解雇の扱いさえありません．

実態が派遣なのに，派遣法の順守を嫌って「委託・委任」にしている場合もあります．これは「偽装派遣」とも言えるもので，派遣法違反で摘発される対象です．

[top]

「派遣法の派遣」と「委託・委任」　どこで見分ける？

チェックポイント

• 誰が，仕事を指揮・管理しているか？
• 労働の対価としてのお金か．誰が払っているか？
• 採用・研修や，日々の作業指揮は誰がしたか？
• 作業報告は誰にするか？
• 教科書など，必要な資材は誰？

[top]