News - 2003

You too could have:

No paid holidays as per the Labour Standards Law.

No unemployment insurance, as stipulated in the law.

No health and pension insurance, as per the law.

Firings at the whim of management.

Interested? Presently working there?  Let us know.

WINBE Teachers
E-GROUP
Join the Winbe e-group. With an ever increasing number of enquires from teachers it's time to start talking to see what can be done. The GU has successfully dealt with a number of problems at Winbe and think that a lot more can be done if teachers get together.

Visit us at: http://groups.yahoo.com/group/Winbe/

Taken from NUGW 'Voice', December 2003

October 2nd, 2003
The Truth about Nova Revealed!
Labour Commission Report,
2 September

Nova put forward one of its directors, Mr. Anders Lundquist as a witness in the unfair Labour Practice case brought by the General Union over unfair wage discrimination. One of the original company founders, and number 2 after the president, Mr Saruhashi, he came to pieces under cross-examination, exposing the company's illegalities and the real nature of Nova's attitude to its disposable teachers and students.

English forbidden at NOVA!
GU (Chair, Yamahara Katsuji): Have you ever produced any written responses (to the union's demands) or entered into any collective agreements?
NOVA (witness, Lundquist): I haven't ever seen anything like that.
GU: Is it true that in collective bargaining, Nova insists on Japanese in the demands and the talks?
NOVA: That's right. That's because Mr Ishimatsu (Note: Nova's vice-president, in charge of union affairs) only understands Japanese.

Company proposes workers' representative, Fails to submit working rules to Labour Standards Office.
GU: Have you submitted working regulations, overtime agreements to all the relevant Labour Standards Offices? Do you have workers' representatives?
NOVA: We have 550 schools, so we haven't done this yet. We put up notices on the walls of teachers' rooms and the teachers sign against the company's candidate.
GU: Isn't it illegal for the company to recommend a workers' representative?
NOVA: (Company's lawyer). Objection! Is that illegal?
GU: I didn't ask for your opinion. You don't know labour law anyway.
GU: Does NOVA enroll its employees in the Health and Pension Scheme?
NOVA: Some teachers are enrolled, others aren't. It's the individual's choice.
GU: Hasn't the union told you that it is illegal not to enroll eligible employees?
NOVA: Why do I have to answer that question?
GU: Are all your foreign teachers on one-year contracts?
NOVA: Visas are one year, so it matches.
(Note: Working visas are now 3 years)

GU: How long on average do teachers work at Nova?
NOVA: From 1.5 to 2 years. Many of them leave of their own accord.
GU: Don't they leave to go to other companies, because the teaching load and conditions are so bad?
(At this point the company's lawyer objects 'This has nothing to do with the case in hand')

Into the classroom after 3 days of training!
GU: Tell us about the training after hiring and before teaching.
NOVA: It's the first 3 days.
GU: How many times have you been sued over consumer problems, with students demanding their lesson fees back? Tell me about examples of teachers being punished because of your anti-socialisation policy.

NOVA's lawyer again objects on grounds of irrelevance.

Gearing-up for Consultative Status
In the last issue of the NUGW Voice, readers were presented with an article outlining the need for NGO's in Japan to apply for UN consultative status. For the NUGW, such status would allow our sister unions to submit reports to the UN's monitoring division to further push for improvements in the lives of foreign nationals living and working in Japan. As part of this process, we are conducting some nationwide research into the employment conditions of foreigners in Japanese universities and conversation schools for the academic year 2003-4, prior to the so-called 'privatisation' of public universities from next year. We would like to monitor and compare changes in employment conditions and to this end; we would like to invite you to fill in our online questionnaire, which can be accessed from the following links:

http://www.generalunion.org

http://fukuoka.generalunion.org

The questionnaire is based upon typical employment structures currently in place at public universities and conversation schools but is flexible enough to be filled in by employees at any type of learning establishment. Please make it your own. We would like to ask you to collect as much accurate information as possible from your employer and submit the completed questionnaire to us by 31^st March 2004.

Please be assured that we would treat any information you provide in the strictest confidence and we would be happy to provide you with a summary of the results.

Kansai International School Sued!
The General Union filed an unfair labour practices case against Kansai International School with the Osaka District Labour Commission. In July, the school dismissed two union members, and then refused to discuss the issue with the union, as they are obligated to do when the union so requests. Now, a new school which is trying to build a solid reputation will end up having to issue a public apology to the union and to its teachers for failing to obey the Trade Union Law.

efl-law.com
The efl-law.com website is looking to find someone (a TEFL teacher) in Japan who is very familiar with TEFL and is willing to write a monthly article. The article will describe teaching and living experiences in Japan (about 500 words). The style will be at the writer's discretion although legible enough that people in Korea and China can read it and get a glimpse inside Japan. It can be controversial - factual - author's prerogative. Contact administration@efl-law.com  http://www.efl-law.com

July 22nd, 2003
This year, in Tokai alone, three NOVA teachers have come to us for help in the face of the threatened non-renewal of their contracts. Do you like the way NOVA uses its contract renewal evaluation system to get rid of teachers without a valid reason? Can you be sure a manager won't decide one day to bring up bogus complaints about YOU to ensure you aren't renewed?

Do you like the way NOVA arbitrarily decides how much your pay rise will be, without fair consideration of your performance as a teacher?

Do you like the no-socialisation policy, with which NOVA tries to control your personal life?

You deserve a better workplace. But what are you going to do about the way NOVA treats you? Complain about it to your workmates in the bar after your shift? That won't get you anywhere. NOVA needs to change. But the only way to make it change is to form a NOVA teachers' Union Branch so we can apply pressure where it really hurts - INSIDE. A few teachers imagine that they will only need the Union if they have a problem, and that after the problem arises they can come to us, and we'll sort it all out. WRONG! By then it may be too late for us to help. If you want change at NOVA, then you and your fellow teachers need to unionise. Only with the Union can you negotiate with the company as an equal partner. Only with a strong Union organisation inside NOVA can we achieve our goal of improving conditions for workers there.

WE CAN MAKE NOVA A BETTER PLACE TO WORK -
BUT TO DO THAT WE NEED YOU TO WORK WITH US!

YMCA Strikes Again!
After what seems only a few months of relative peace, teachers at Osaka YMCA are striking again. Whereas previous strikes concentrated on protecting existing working conditions, this time teachers are striking to improve conditions in the International High School division.

Foreign teachers at the high school have been consistently underpaid as much as 25% per annum since the school's inception more than 10 years ago. The school employs an equal number of foreign and Japanese nationals. For Japanese teachers there are two systems of hiring: one-year contracts and tenured positions. Though identical in workload, the salary difference is staggering.

The puzzling thing is that all the male Japanese teachers are tenured but not one women or foreign teacher can boast such a secure and stable contract, even after having been at the school for as many as eight years. Why is this?

For many years the YMCA has promised to implement a system so that foreign employees would have access to the tenured track. They have even signed a labour agreement to this effect. Still they fail to do anything. What are they waiting for?

In an attempt to limit damage to the students, strikes were recently suspended and the union applied for mediation at the Labour Commission. The YMCA has refused to negotiate any further and turned down any mediation, which is practically inviting further industrial action. This is the first time that any company has refused mediation in the history of the union. By doing so, they show an unacceptable disregard for the welfare of the students.

Why has the YMCA refused to accept the Labour Commission's offer of mediation?
Is it because they are afraid that their blatant discrimination will come out in the public arena?

Teachers have come to the point where they will no longer accept this blatant discrimination and will continue in their push for equality.

MATSUSHITA ROUND II
On April 28 the General Union-Matsushita Branch submitted two 'new' demands to Excel International (a wholly owned subsidiary of Matsushita); one, that they be recognized as employees and not subcontractors, and secondly, that they receive an 18% pay increase.

Excel teachers formed a union almost one year ago after the company announced a 15% per pay cut.  The General Union has negotiated with Matsushita for a year now and the progress has been significant. But why an 18% pay demand and the 'right' to be an employee? These two demands were raised after the union was able to stop a significant part of the 15% pay cut for 2002. Therefore the union has demanded an increase in the pay.

The demand over employment is a little more complicated. Matsushita and Excel have negotiated with the union but have held that since teachers are not actual employees, they really don't have trade union rights, or for that matter rights to paid holidays and unemployment insurance, etc. The union has now demanded that Matsushita and Excel negotiate with the teachers and give them all the benefits of employment. Matsushita/Excel's answer: teachers over 20 hours will be employees and the others (the vast majority) will be subcontractors, not protected by the Trade Union Law and the Labour Standards Law. This answer is unacceptable to the union because it bears no relationship to the reality, which is that these teachers are indeed employees and Excel controls their work; they are not free subcontractors who can do whatever they wish.

So after a whole year of negotiations, the union believed Excel would surely not make the same mistake of calling the teachers subcontractors again, but still they do. We are now back where we started, insisting the company recognise the teachers as employees. The company, in the first session of the second round of negotiations, made their stance very clear by declaring that our meeting was not collective bargaining. Excel and Matsushita once again face the prospect of a dispute with the General Union over their disregard for their employees and the laws of Japan, and probably a lawsuit at the Labour Commission over refusal of collective bargaining.

Over the past year the union has concentrated on winning back the cut 15% in wages for old employees but we are now welcoming all Matsushita/Excel employees to join the union to win employment security and an increase in wages to bring them up to a level of parity with those of employees in similar workplaces.

BERLITZ
Pay Per Lesson
Berlitz (internationally) prides itself as being '...the leader in language instruction for more than a century', while closer to home, Berlitz Japan boasts it has a 'unique and flexible workforce.

While the General Union is in no position to comment on the first claim, we are in a strong position to comment regarding the second. In recent months, the General Union has held consultations with the Labour Standards Office and the Ministry of Labour. We were seeking clarification on how Berlitz Japan could operate such a unique and flexible workforce without offering illegal contracts. The answer was a resounding "It can't!"

In the old days, Berlitz Japan offered instructors a full-time contract with a range of schedules to choose from. These days, the only full-time contracts offered to foreign national staff are management and the odd specialist position. Apart from a scattering of senior instructors, full -time contracts are but a distant memory.

What Berlitz offers these days is a range of part-time contracts that are designed to fit within the needs and requirements of each Language Center.

Illegal Contracts
One of Berlitz's unique part-time contracts is the Pay Per Lesson Contract. This contract is best defined as:
'a one year agreement between two parties that offers the possibility of work at a set rate but with no guarantees.'

Under Japanese Law an employment contract is required to clearly state working hours and conditions. As this contract doesn't meet these requirements it falls into a more than grey area and can be regarded as illegal.

Not happy with just offering illegal contracts, Berlitz also feels it can exploit the Pay Per Lesson arrangement. Instructors have a schedule built around their availability, meaning an Instructor can be on call from 7.00am to 10.00pm. As Instructors receive their schedules daily and will not know what the following day brings until the evening before this leads to an insecure workforce waiting for the next day's schedule handouts. It's not unusual for Instructors at Berlitz to teach a couple of lessons in the morning, a couple more in the afternoon and then 3 or 4 in the evening. Why don't Instructors just close off part of their availability, you may well ask? Instructors who have tried just that suddenly find their lessons drop far beyond their close of availability. You may remember a case in Nagoya whereby Berlitz went so far as to take a teacher's lessons away. It took the intervention of the General Union to make Berlitz reschedule lessons for this particular member.

Berlitz want teachers to provide full availability without a fixed guarantee of income or schedule. Sorry Berlitz, you can't have it both ways. If you are a Berlitz Pay Per Lesson teacher and are being punished for or can't take off the time you need, then contact the Berlitz Union.

Berlitz Monitoring
BEGUNTO - NUGW Tokyo South
As part of this year's SHUNTO, the Tokyo based Berlitz Union, BEGUNTO demanded that there should be no unannounced monitoring of Berlitz Instructors. It should be pointed out that the type of monitoring taking place at Berlitz is not legitimate in terms of offering useful advice to Instructors.

The type of monitoring currently taking place at Berlitz does not follow guidelines set by the International Labor Organization. An ILO code of practice, Protection of workers' personal data, states that monitoring 'can only be conducted if the workers' concerned are informed in advance of the employer's intentions. Consequently, before the monitoring is put into operation, the workers must know the purpose of the monitoring and have a clear idea of the time schedule (section 6.14).

The type of monitoring currently taking place at Berlitz is at odds with the Basic Law of Education in Japan. In one case, (Meguro Koto-Gakko, Tokyo District Court, decision) a dismissal based on a tape recording of lessons by a teacher without the teachers' consent was contested. The court nullified the dismissal because the tape recording constituted an inappropriate intervention in education which is prohibited by section 10(1) of the Basic Law on Education. Thus, the reasoning was not based on a general worker's right of privacy but on the independence of education - to be free from intervention even by the management of a private school - and may not necessarily be extended to other categories of workers. The judgment stated that tape recording 'is not an appropriate measure to verify the content of the lessons for the purpose of giving useful assistance or advice'. The court overruled the dismissal because it was based on proof (contents of the lessons) collected by unjustified means (Conditions of work Digest, Vol. 12, 1/1993, ILO Publications, Geneva).

Berlitz should, of course, end all unannounced monitoring. Monitoring through a listening device is not an appropriate measure to verify the contents of the lessons for the purpose of giving useful assistance or advice. So says the court interpreting the Basic Law on Education. Private schools must also adhere to this law. Therefore, Berlitz should end all monitoring through listening device or recording device for the purposes of performance evaluation.

Berlitz Lock-up
Berlitz have agreed that Pay Per Lesson Instructors do not have to lock up Berlitz Language Centers. Berlitz will restrict the locking up to Contract Instructors and Per Lesson Instructors who 'volunteer'. Berlitz understands that asking Pay Per Lesson Instructors to lock up without paying them puts the company at odds with the Labour Standards Office. Contact the General Union if your rights are being abused.

July 10th, 2003
On July 10^th, the second hearing in the NOVA Unfair Labour Practices Trial was held at the Osaka District Labour Commission. The General Union NOVA Branch Chair underwent questioning from NOVA's lawyer, Mr Matsushita.

The case was filed against NOVA on February 28^th, after the branch chair received an unusually low pay rise after NOVA had been notified by the union that he was the new union leader in the company.

The trial began a little after 1.00 p.m. The General Union Chair updated the commission on recent events: Since the last hearing, the NOVA Branch Chair had been accused of sexually harassing a student, a member of staff and a teacher! What levels will NOVA go to next?

NOVA's lawyer was then invited to begin his questioning. After a few opening comments by NOVA's lawyer the questioning was ready to begin...or was it? The whole room suddenly filled with the sounds of "Greensleeves" after NOVA's lawyer had neglected to observe trial etiquette (or the court room posters) and left his mobile phone switched on.

Questioning got underway with a NOVA general knowledge and personal Q&A session; "How many NOVA schools are there in Japan?" "Where do you work?" "Are you a good teacher?" etc. NOVA's lawyer then asked the million dollar question. "You're here to contest your pay raise, aren't you?" GASP!

After less than an hour of questioning the trial came to a rather abrupt end. Once the NOVA general knowledge questions and the questions that were invalid due to their opinion-related content were separated from the rest, there wasn't really a whole lot left.

The strong impression was that Nova's lawyer had not bothered to prepare his questions at all. Education Head Anders Lundquist had to intervene in an attempt to get in a few questions that had some relevance to the case, but soon gave up.

The next hearing will take place on Monday, August 4^th. NOVA's lawyer will question NOVA's Head of Education, Anders Lundquist. His cross examination by the union will be on 2^nd September.

July 10th
Second Hearing, NOVA Unfair Labour Practice Case,
The union's witness (the chairman of the NOVA union branch) was cross-examined by Nova's lawyer regarding Nova's discrimination against him when awarding pay rises.
Thank you to all members who came to lend support.

June 10th
Kansai Other Language Department
The Berlitz grapevine is working overtime at the moment and no more so than in the Other Language Department in Kansai. The most recent rumor is based on a 'voluntary resignation' case the Berlitz Union is currently resolving. The rumor goes like this;

"Psst, did you hear about the strategy Berlitz will use with the Union and teachers they don't like from now on?
They are using the Union's demand that teachers should be provided with no less than their minimum contract units against them. Instead of providing 'bad' teachers with out of contract lessons, Berlitz will stick with the bare minimum and blame it on the Union when teachers complain or decide to quit. They say that the Union is always talking about the law and want everything done by the book. They say the Union is totally inflexible, so let's go by the book and give "THEM" the law".

From the Berlitz Union's perspective, this could have been just another one of those rumors that go around from time to time. However, the timing and content of this rumor fit in too closely with a current case and Union/Management level talks regarding the unfair and abusive treatment that the Kansai Other Language Department dishes out to its team of Instructors! The Berlitz Union knows that Berlitz wouldn't consciously spread such malicious rumors as they know they would be committing an unfair labor practice in violation of Article 7 of the Trade Union Law. However, it appears that somebody in or close to management involved in the case has decided to speak a little too freely and publicly. 

Reality

It's common knowledge that Other Language Department Instructors do lose lessons or get ousted when they don't toe the line or decide not to 'put up and shut up'. This control mechanism has remained unchallenged by Instructors because of a justified fear that their job security could turn to insecurity overnight. The number of teachers who have slipped away 'quietly' from the  Other Language Department has not gone unnoticed. On questioning Instructors who are forced to resign from the Other Language Department, the Berlitz Union is always told the same story・I don't want to fight the forced dismissal as it's a terrible place to work and I wouldn't want to go back there."

This particular case was a first for the Other Language Department because their usual 'sign this voluntary resignation letter process' backfired when the Instructor decided to fight the dismissal and get the Berlitz Union involved. It only takes one person to stand up for their workers' rights and not allow management pressure to force them into submission to make a difference. On this note, what should Instructors really read into this rumor?

"Psst, did you hear about the Other Language Teacher who received a disrequest and was asked to voluntarily resign? Well, they decided to fight the dismissal and not only did the Berlitz Union save their job but they also got the Instructor a minimum guarantee of lessons."

Going from zero lessons to a minimum guarantee after the Berlitz Union intervened just goes to show that by playing it by the law, the Berlitz Union protects and will continue to protect the rights of our members. Let's hope these rumors subside and management and the Union get back to negotiating in a proper and reasonable fashion. Let's also hope the rumor doesn't get out that Other Language Teachers are forced to lie to Immigration to get their working visas only to have these contracts reneged on back at the L.C. and switched to per lesson flexible floater contracts.

Article 28 of the Japanese Constitution.
The right of workers to organize and to bargain and act collectively is guaranteed.

Article 7 of the Trade Union Law.
Employers shall not treat workers in a disadvantageous manner for being members or performing proper duties of a trade union.

May 12th
Dues Increased to Build the Union and Improve Our Working Lives
-New Members Join Now to Beat the Increase-

Have you often thought about joining the union but always thought that you would wait and join until you really needed us?  Well, outside of the fact that if everyone did this, the union wouldn't be around when you needed us because we wouldn't have the resources, you will now save 12,000 yen in union dues by joining before July 1, 2003 (current members can pay at the old dues rate of 24,000 yen per year until October, 2003 and you can pay at the old dues rate as far ahead as you want).
Starting July 1, 2003 the dues rate for all new members will be 36,000 yen per year.  Existing members can pay at the old dues rate of 24,000 yen per year until the October General Meeting.

Why the dues increase?
Because we're growing. Sounds odd? Not really. As the union grows the resources that we need increases. There are more members, to service and more people join the union through word of mouth.  This would be fine if the old dues rate really met actual expenses, but the old dues rate didn't come close to that. The dues have now been raised to reflect the actual total cost of running the union, servicing the membership and putting money aside to increase the future resources of the union to give the members the ability to improve their working lives. The companies in the language industry are well equipped financially, if we are to take them on and win improvements, we must have both members and financial resources. 

Who Raised the Dues?
The members voted to increase the union dues at the 2003 Annual General Meeting. Does anyone want to pay more? Of course not, but the members felt that the losses that people would incur with no union outweighed the increase. The improvements that the union members have struggled to win in the past would be lost if the union ceased to exist. Would the paid holidays, enrollment in unemployment insurance, or even the 250,000 yen guarantee remain without the union? NO. With no union would we be able to turn back wage cuts, increases in working and teaching hours, and a general deterioration of working conditions? NO. Companies and schools would be falling over themselves trying to be the first to cut conditions further. The only thing that would happen is that in that a couple of years time teachers would once again trying to build a union, so let's keep and improve what we have.

Organize for Improvements
Is a dues increase enough to win improvements and stop attacks? NO. We all need to work hard to build the union for now and the future. How many workplaces remain outside of the influence of the union? We don't feel that there are many, because most serious employers in the language industry know the General Union and try hard to avoid an organizing drive. The problem is that we sometimes reach a workplace too late, after the cuts, after the problems start. Start organizing now to make sure that we can deal with improving working conditions rather than just fighting off attacks.
Interested in improving your workplace.  Call us today!!

March 31st
Strikes start at Nichibei Eigo Gakuin
On Monday, March 31st, members at Nichibei's Umeda School carried out 3 strikes in group and private lessons. 5 years ago, they demanded a pay rise, and were refused. Strikes followed, and a 3- year battle ensued over union-busting, which the GU finally won. 

Last year again, members went on strike for more pay. The company offered only a 1.5% pay rise, which the union refused, as some employees have not had a pay rise for many years. One teacher had not had a single pay rise for 10 years (since joining the company).

This year they have proposed a minimum guarantee of 0.2% per year (1% over 5 years). This is nothing but an insult to teachers of over 10 years' service with the company. An evaluation/pay rise system they set up last year yielded 0% pay rises for all union members.

The General Union thinks this situation is an outrage, especially when the company has just opened a brand-new school in Shinjuku. It's time for a serious pay increase at Nichibei. 

March 2003
Nova's ban on dating violates rights
OSAKA (Kyodo) A teacher and former teacher of Nova Corp. filed a complaint Friday with the Osaka Bar Association claiming their human rights have been violated by the company's policy of banning dating between foreign teachers and students.

The complaint was filed by American Robert Bisom, 59, and a 46-year-old Australian who used to work at a Nova school.

The English-language school operator has a clause in its labor contract that says foreign teachers "should not have a relationship with customers outside the workplace," according to the complaint.

In the past, there have been two cases in which teachers were fired because they got engaged to their students.

The complainants are calling for the clause to be scrapped, arguing it is racial discrimination because it only applies to foreigners.

Bisom also filed a complaint with the Osaka Prefecture Regional Labor Relations Commission saying Nova did not grant him a pay raise because he was active in the union.

The Japan Times: March 1, 2003
(C) All rights reserved


NOVA teachers fight ban on associating with students

OSAKA -- Teachers at major English conversation school NOVA asked lawyers on Friday for help in fighting school rules banning them from associating with students.

Under company rules, the Osaka-based NOVA requires foreign lecturers not to keep private company with students or to date them.

In following this policy, NOVA has dismissed six teachers without making detailed investigations, according to documents submitted by lecturers to the Osaka Bar Association.

American teacher Robert Bisom, 59, who belongs to a private labor union that helps foreign workers, says the rules infringe upon the nation's Constitution.

NOVA insists that the dismissal of the teachers was justified because every foreign lecturer pledged to abide by the company's rules when signing an employment contract.

"Teachers joined us after accepting the rules," a NOVA official said. "Their claim that we fire all teachers if they violate the rules is not correct."

One of the six fired teachers filed a suit in December, asking the Osaka District Court to nullify NOVA's decision to sack him. (Compiled from Mainichi and wire stories, Feb. 28, 2003)


Teachers oppose Nova ban on interaction with students

Send to a friendPrint

Sunday, March 2, 2003 at 06:30 JST
OSAKA - A teacher and a former teacher at the Osaka-based Nova foreign-language school have sought the Osaka Bar Association's help in protecting their human rights, saying that Nova Co's ban on personal interaction between teachers and students is discriminatory.

Robert Bisom, 59, a U.S. citizen, filed the plea together with a 46-year-old male Australian teacher who was fired by Nova, apparently for having a relationship with a student.

The former teacher filed a suit with the Osaka District Court last December seeking to nullify his dismissal.

According to the plea submitted to the Osaka Bar Association, Nova prohibits personal ties between students and teachers in its employment contract, and in the past has dismissed teachers for breaking the ban, including a teacher who became engaged to a student.

Bisom and the Australian say that the provision in the contract amounts to racial discrimination since it applies only to foreigners.

The same day, Bisom also asked for help from the Osaka Prefectural Labor Relations Commission, saying that Nova had treated him unfairly by failing to give him a pay hike because of his union activities.

Yukitomo Ishimatsu, a Nova director, said Thursday that the provision in the contract banning interaction between students and teachers is "necessary to prevent trouble between foreign teachers and Japanese students who have different cultures."

He said that it is a "distortion of facts" to say that all teachers who break the ban are dismissed.

"I cannot believe that they are saying there is racial discrimination, when it is our policy only to employ foreigners as teachers," he said.

The provision in the contract says, "The employee shall treat the clients of the employer in a professional manner at all times. Further, the employee shall not initiate, agree to or participate in any interaction with the clients of the employer outside the place of employment."

Ishimatsu said that Nova will not allow personal interaction even if it takes place inside the school.

"We operate schools, and our schools are no different from other schools. We cannot allow kissing or improper conduct," he said. (Kyodo News)

1】交際禁止：
ＮＯＶＡ講師、「憲法違反」と救済申し立て　大阪　2003.02.28
　英会話学校「ＮＯＶＡ」（ノヴァ、本社・大阪市）の外国人講師ら２人が２８日、生徒との交際は禁止」と定めた同校の規定は憲法違反などとして、大阪弁護士会に人権救済を申し立てた。

　申し立てたのはオーストラリア人の元講師（４６）と現役の米国人講師（５９）。申し立てなどによると、同校には「顧客と勤務場所以外で付き合ってはならない」と定めた規則がある。生徒との婚約発覚で解雇されたり、電子メールアドレスを生徒に教えた結果、低い賃金査定を受けたりしたとの例が相次いでいるという。こうした規定は外国人講師だけに適用されており、「差別的でプライバシーの侵害だ」と訴えて
いる。

　米国人講師は「生徒は何万人もおり、どこでも会ってしまう可能性がある。友人になるのさえ禁じるのは差別だ」と話している。　【野原靖】

■「講師と生徒を守るため」　ＮＯＶＡの話

　規定は、異なる文化を持った講師と生徒双方を無用なトラブルから守るために必要で、全外国人講師は承諾してサインしている。違反があればすべて処分するわけでもない。

［毎日新聞２月２８日］ ( 2003-02-28-22:50 )


生徒と交際禁止は憲法違反、英会話学校講師が申し立て

　英会話学校最大手の「ノヴァ」（本社・大阪市）が、外国人講師に対して校外で生徒と会うのを禁じているのは婚姻の自由を定めた憲法に違反するとして、米国人男性講師ロバート・ビゾムさん（５９）とオーストラリア人の元男性講師（４６）が２８日、大阪弁護士会に人権救済を申し立てた。
　申立書によると、ノヴァは外国人講師との雇用契約書や就業規則で「いかなる理由があっても顧客と勤務場所外で付きあってはならない」などと規定、生徒との交際が発覚して講師が一方的に解雇されるケースが相次いでいる。ビゾムさんらは「規定は著しいプライバシー侵害。外国人だけを対象にしている点で国籍差別にもあたる」と主張している。
　オーストラリア人の元男性講師は、生徒との交際が判明したとして解雇され、昨年１２月、解雇の無効確認を求める訴えを大阪地裁に起こしている。


[読売新聞]
＜大阪＞生徒と交際し解雇されたノヴァの講師が提訴

英会話学校最大手のノヴァが、雇用契約などで外国人講師が学校の外で生徒に会うのを禁じているのは人権侵害だとして、講師らが大阪弁護士会に人権救済の申し立てを行いました。

申し立てたのは、ノヴァの現役の外国人講師と、生徒と交際したため契約違反を理由に解雇された元講師の２人です。申し立てによりますと、ノヴァは、雇用契約や就業規則の中で「講師は外で生徒に会ってはならない」という交際禁止規定を設けています。このため、規定に違反して解雇や処分を受けるケースが相次いでいるということです。申し立てで講師らは、「こうした規定は著しいプライバシー侵害で憲法違反だ」などとして大阪弁護士会に対し、雇用契約などから規定を削除するようノヴァに勧告することを求めています。

今回の申し立てに対し、ノヴァでは、「日本人とは異なる文化をもった外国人講師と、外国人とのコミュニケーション能力が不足する生徒の双方を無用なトラブルから守るために必要な規定で、全ての外国人講師は、規定を理解納得した上で承諾のサインをして入社している」とコメントしています。（朝日放送）[2月28日19時42分更新


 2002年12月26日(木)
「受講生と交際禁止は憲法違反」　ノヴァ元講師が提訴へ

　受講生と交際することを禁じた雇用契約に違反したとして解雇された英会話学校の最大手「ノヴァ」（統括本部・大阪市中央区）の元講師が同社を相手取り、この雇用契約が基本的人権を侵害しているとして解雇の無効などを求める訴えを大阪地裁に近く起こす。元講師は「結婚も考えた真剣な交際を理由に解雇されたのは納得できない」と怒っている。

　元講師はオーストラリア人男性（３３）。代理人の弁護士によると、元講師は９０年に来日して９２年からノヴァに勤め、０１年４月の契約更新の際、「勤務場所以外で顧客との関係を結ぶ行為を行ってはならない」という雇用契約書の条項に違反したとして解雇された。

　元講師はノヴァの受講生だった２０代の女性と００年８月ごろから交際したが、女性が通う教室は元講師が勤めていた大阪府枚方市の教室とは別で、直接受け持ったこともないと主張。そのうえで受講生との交際を禁じた雇用契約の条項は憲法が定めた基本的人権を侵害して違憲だとし、解雇無効の確認と慰謝料５００万円の支払いを求める。

　ノヴァ側は「受講生と講師のトラブルを未然に防ぐための条項で違憲ではない」と説明する。条項は約５千人いる外国人講師との雇用契約書だけに盛り込んでいる。石松幸友社長補佐によると、講師には契約前にきちんと説明し、同意を得ているという。

　外国人講師の雇用問題に取り組む労働組合「ゼネラルユニオン」（大阪市北区）の山原克二委員長は「『刑務所のような条項だ』と驚く外国人講師は多い。他の大手英会話学校にはなく、条項を理由に解雇されたノヴァの講師は他にも数人いる」と指摘している。

　熊沢誠甲南大学教授（労働問題）の話　労働時間が終われば市民としての自由があり、どんな接触も持ってはいけないと拘束するのは不当ではないか。しかも外国人講師にだけ課すのは外国人蔑視（べっし）でもある。日本では人格上の規制を加える企業が多いが、これほど露骨な例は珍しい。