Non-socialization Policy
- another nail in the coffin -
 While Nova will
never admit it, the "non-socialization policy" is dead. The fight goes back to
2003, when the union sought a ruling from the Osaka Bar Association's Human
Rights Committee over the validity of the contract clause. This culminated in
the non-socialization clause being ruled illegal by the Osaka District Court in
December, 2004. For further evidence of the policy's 'death', we only have to
look at the settlement made between Nova and a former trainer who was demoted
over socialization. The teacher filed a legal suit at Osaka District Court
against Nova, with the court mediating a financial settlement.
As predicted by the General Union in 2004, firings and disciplinary action over the
socialization clause are disappearing. While the clause may remain in the
contract for the moment it is effectively dead.
People who are
threatened with action over socialization should contact the union immediately
over how to proceed.
Click here to read the Osaka Bar Association ruling
Why the fuss?
Some teachers at NOVA doubtless think 'But
we signed a contract, and we agreed to it, so why all the fuss?' Not so fast.
Just because you sign something, it doesn't mean it's binding or even legal. In
civilized countries you can't sign away your legal rights. Even if you put your
signature to a contract, any illegal clauses in it are automatically invalid
(without necessarily invalidating the other clauses).
'The right to date'?
Unfortunately, the mass media, doing what
they do best, have managed to reduce a serious issue to the level of the gutter.
The "respected" newspaper 'Nihon Keizai Shimbun' made asses of
themselves by putting a heart mark alongside their headline reporting the case.
One panelist on Ogura's 'Tokutane' morning news on Channel 8 also missed the
point, saying 'They signed the contract; if they don't like it, they can leave;
there are loads of schools around'. Some teachers have even expressed the
opinion that the union is fighting for the right to have sex with students!
Let's look at the facts. NOVA has been abusing its
rights by using the socialisation issue as a reason to dismiss teachers in
serious relationships. In our complaint we listed some examples from the year
2000:
·
a teacher who got engaged to
a young woman who was by chance a student in a different NOVA school from his.
·
a teacher who was given the
choice to quit or be fired for getting engaged.
·
a teacher who was forced to
quit for meeting and dating someone he had first met in a bakery, who again,
happened to be a NOVA student.
In the first case,
the union won the withdrawal of the dismissal, but with the abuses continuing,
we decided that we should attack the policy at its root, as a violation of the
most basic rights of freedom of association guaranteed in the Constitution.
We are not
fighting simply for the 'right to date', and certainly not for the right to take
advantage of students. Some people will do bad things regardless of rules, but
we don't criminalise driving because of car accidents.
The Recommendation
The Osaka Bar Association's letter of 24
February,2004 recommended that NOVA delete the offending clauses from contracts
and working rules, and withdraw the dismissal of one of the plaintiffs. Its
comment on the reasons for its findings included these points:
·
NOVA's policy is a violation
of freedom of association and the right to privacy, and they cannot prohibit
employees' activities outside the workplace.
·
The rules are too vague and
too extensive to be used as regulations.
·
Even though teachers sign
these contracts, the employee is in an inherently weak position and cannot
object to regulations proposed by an employer.
·
Japanese staff are under no
such restrictions, and so the non-socialisation policy for foreigners is
problematic from the point of view of equality.
Articles Related to Non-Socialisation Clause
Nova to pay teacher over demotion
NOVA Socialization Policy Ruled Illegal
No Sex please, you're teachers
Bar backs GU on NOVA's socialisation policy
Osaka Bar Association urges NOVA to lift non-socialization policy
Osaka Bar Association Ruling Against NOVA Socialisation Policy
Do you like the no-socialisation policy?
Teachers oppose Nova ban on interaction with students
Nova's ban on dating violates rights
Teachers fight ban on associating with students
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