Labor Update Bulletin #86 (05/2020)
This bulletin contains information on law changes, government discussions, court decisions, and other labor issues in Japan.
We hope that some of this information will also be of interest to activists, supporters of the General Union, and those who want to know more about labor issues in general in Japan.
Guide to the application for the 100,000 yen subsidy
There are two basic conditions for foreign residents to qualify.
- Must have a resident card.
- Have a visa for longer than three months.
Click https://soeasy.tokyo/users/217
NOVA: Safety Survey, Public Meeting, & STRIKE
Is your workplace safe during coronavirus? Take the workplace safety survey.
Want more information on the union and how you can force NOVA to take coronavirus more seriously? Attend open meeting, Saturday, 2 May at 20:00
Members vote overwhelmingly to strike - press picks up story
Nova Members of the General Union have voted overwhelmingly to take strike action against NOVA if demands for work at home and other issues are not resolved after our next collective bargaining session.
Looking Out For Instructors At Gaba Corporation
In 2020 Japan, like many countries around the world, has been grappling with the effects of the COVID-19 pandemic.
The General Union has been in contact with Gaba Corporation about this since February, before the first Learning Studio shutdown.
We have been following up issues of safety and financial security as the situation has developed.
The health and safety of instructors, clients and staff is the top priority for the General Union.
Strike NOVA!
Emergency Meeting for NOVA members and other instructors/staff
Friday, 24 April at 10:00 and 22:00 (RSVP HERE)
Collective bargaining on Wednesday yielded very little. Usually collective bargaining does not deliver much the first time, but since we are racing the clock, we do not have time to spend weeks talking and must prepare for some activity on our part that will move the company to reason. So, we believe it is time to take a strike vote. This is rather fast, but the situation is urgent. At the meetings on Friday, we will discuss the situation and what a strike means in Japan and then ballot members to decide.
Some information about strikes:
- They cannot fine you for striking, like they do with the independent contractors who take time off.
- They cannot fine you for striking, like they do if you apply later than a month for paid leave.
- Strikes are probably the most protected of trade union activities in Japan and you cannot legally be punished for taking part.
We Demand NOVA Shutdown And Pay Workers To Work At Home. Please Email And Share!
#shutdownNOVA #NOVApay100
You can help the General Union and those working at NOVA by immediately sending an email to NOVA Holdings and NOVA, asking them to meet the union's demands:
CAMPAIGN HAS NOW ENDED
Union Demands to NOVA Holdings and NOVA:
- Close NOVA branches and pay 100% to work from home.
- If there is insufficient work, use the employment adjustment fund subsidies to cover wages for those not working.
- No fines for contractors choosing to not work and return all fines paid to date to current contractors.
- Immediately stop the subcontracting system and make these workers employees so if there is not enough work NOVA can use the employment adjust fund. If not possible, NOVA should pay 100 percent of the guarantee if there is no work.
- Immediately stop all cross-prefecture travel for employees and contractors.
NOVA, "Freelancers", and the Coronavirus
The epidemic is throwing into sharp relief some of tricks used by companies; for what is merely anti-social and exploitative in normal times is potentially deadly in an epidemic.
Employers have long used spurious "freelance" contracts in an attempt to evade labour laws and obligations to enroll people in the pension and health insurance.
One of those companies is NOVA.
As we have reported previously, NOVA are presently telling teachers to work or stay at home without pay, even though language conversation classes are hardly an essential service.
The General Union has argued that these “contractors” are in reality workers - and the Nagoya District Court agrees with us.
Coronavirus - Industry Survey
The General Union has been fielding hundreds of consultations from both members and non-members over their current employment situation. Just from the consultations and the negotiations that we are doing, we can see a few very clear trends.
- The major language schools, except for NOVA, are mainly shut down and teachers are receiving at least 60% of their actual wages.
- Many part-time dispatch workers to companies and kindergartens, are having work cancelled without any time of wage compensation.
- ALTs are mostly in their workplaces, some at home, and most report receiving 100% of their wages.
- Private school and university teachers are mostly working at home (especially part-timers) with reports of mostly full-time private schools teachers still at work, and very few reports of complete non-payment of wages. The vast majority are reporting 100% wage payments.
Coronavirus (COVID-19) Update - April 10th, 2020
Subsidy payments (below) updated on April 9th.
Since the government's Declaration of Emergency Measures, things have really started to get busy for the union.
If you want to ask the General Union a question or are seeking advice, please use the consultation request form at www.generalunion.org/consultation and do not send an email.
For members and non-members alike, please understand that due to the current circumstances we may not be able to get back to you as quickly as usual.
Thank you for your ongoing understanding during these times.
Statement of the General Union on School Restarts in the Schools and Colleges Sector
The General Union condemns the decision of the government to restart school classes from April.
If carried through at a time of rapid growth in COVID-19 cases it will put the lives of teachers, students and the general population in danger.
At the time of writing, the latest statements from the government appear to put a general reopening in doubt, with Hagiuda, the Education Minister, saying they (the government) will discuss the restart in prefectures with over 50 cases of COVID-19.
At the time of writing it is not clear whether or not individual schools will reopen.
While we strongly disagree with the move to restart classes in the present situation, if a decision is taken in many workplaces we may not be strong enough as a union to resist this.
If this happens our members will have no choice but to resume teaching classes.
Covid-19 information in 15 languages from the Ministry of Health, Welfare, and Labour
The central government has made the following information available in a number of languages:
やさしい日本語 English 中文（簡） 中文（繁） 한국 Português
Espanol Tagalog ภาษาไทย Tiếng Việt नेपाली Bahasa Indonesia
ភាសាខ្មែរ Монгол хэл မြန်မာဘာသာ
Click on the link to view information in your preferred language.
Statement of the General Union on the COVID-19 Pandemic
The General Union has received many consultation requests in regard to this pandemic.
While we are happy to report that most employers are behaving responsibly, a minority of language schools are laying off part time workers and refusing to pay the cancellation allowance of at least 60% of average wages.
Basically, they are off-loading their financial woes on those least able to afford it.
This increase in consultations has meant that we are not as quick in responding to emails and telephone calls and we ask for everyone's patience.
In a crisis situation like this, the work we do in the community as a whole is important and while member concerns are always a priority, we are sure that union members all support the vital work we are doing in the language industry, in both the for profit and schools sectors.
Sign the GU petition to support our court case again NOVA and Osaka Shoin
The union will be submitting a petition now being signed by union members and other trade unionists in Japan to support our members’ court cases.
At NOVA we won a Nagoya District Court ruling against NOVA’s illegal subcontracting.
NOVA has now appealed, and the case is in front of the Nagoya Superior Court.
Read more about it here.
At Osaka Shoin, the union is fighting against arbitrary contract limits which were put in place to stop teachers from applying for unlimited term contracts after five years.
Read more here and don’t forget to sign the petitions.
Coronavirus (COVID-19) Update: 2020.3.3
Government response:
For companies dealing exclusively with China, the government has already set up an employment adjust fund and will be setting one up for other industries which will have sales affected by the virus. We do not know at this time what industries it will cover.
Parents affected by childcare issues stemming from the closure of schools MAY also get some relief, but the mechanics are still unclear.
Companies who pay parents 100% of their wages to take time off to care for their children will be reimbursed to a maximum of 8,330 yen per day.
Coronavirus (COVID-19) Update: 0900 on February 28 (2020)
We want to make sure our members and friends are safe during this period and hope that everyone will cooperate in containing this virus.
We also know that everyone must eat and support their families, so your most burning questions are about wages.
At 0900, a General Union official visited the Osaka Labour Bureau to confirm the pay situation during this period.
At the moment, there is NO direct order for any board of education, private company, universities, or other schools, to close due to the coronavirus (COVID-19).
Therefore all closings are currently based on the employer's own decision.
How To (Legally) Engage In Additional Work In Japan (FAQ)
If you live and work in Japan, you might find that your salary isn't always enough to make ends meet. Sure, you might be keeping the lights on every month, but perhaps there isn't much left over to save for a rainy day.
In these situations, a second (or third) job might seem to be the ideal solution: you have time; you need money; why not get do more work?
How do you engage in additional employment without running into trouble with the immigration office or your main place of work (and affecting your renewal chances)?
Overtime Q&A
When it comes to Japanese labor law, figuring out how much extra overtime money you're entitled to (as well as the laws that govern such things) can be a very confusing process rife with conflicting information and complicated legalese.
Luckily, the General Union is here to help you make sense of things with this handy Q&A!
Everything You Wanted To Know About Not Paying Pension
As three wise monkeys once said: "See no pension, speak no pension, pay no pension".
The topic of pension (and pension contributions) is one that tends to attract strong opinions - much to the dismay of people who would rather not think about it at all.
However, like it or not, the pension system is here to stay - so here's everything you ever wanted to know about not paying (kokumin!) pension
Labor Contract Law Amendment (Unlimited Term Contracts) Q&A
Over the past five years, in preparation for the Labour Contract Revision Law (aka "The Five Year Rule) taking fully effect on April 1st, 2018, the General Union has conducted research via direct meetings with the Ministry of Health, Welfare, and Labour (MHWL), prefectural labour bureaus, meetings with lawyers, and various negotiations with employers in regards to their plans for this law.
Back in November of 2017, we also decided to take questions from members of the public (via Facebook and e-mail) and are now presenting those questions to you with our answers in hope that this will answer many of your questions about this law and how it could affect you.
