Labor Update Bulletin #97 (10/2020)
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.
University & College Pandemic Response - UPDATED
The General Union sent information requests to 75 universities and senmon gakko across Japan where members and consultees work.
We asked the following:
1. That all universities do not restart face-to-face classes from the second semester.
2. That teachers, especially those with either certified or uncertified underlying mental or physical health conditions or due to a more advanced age, or live with others in the same situation, be allowed to teach online.
3. As hybrid approaches that use both online and face-to-face lessons put a lot of extra burden on teachers, teachers not be required to prepare for hybrid approaches.
4. That your university be transparent in reporting outbreaks of Coronavirus at the institution" and/or "among faculties, students and staff".
Approximately one-third have responded, you can find the information of the universities we wrote to and those that responded by clicking here.
Income Support and the Pandemic
Many workers in Japan are suffering economically from the effects of the covid-19 pandemic. There is some relief.
1. Kyugyo Teate: salary benefits that your employer must pay if there is no work for you and you are sent home.
2. Employment Adjustment Subsidy: paid to employers to cover KYUGYO TEATE payments to employees.
3. Sustainment Benefit for Freelancers: if you are a non-employee (like many members at GABA and NOVA), you can apply to receive up to one million yen in benefits.
4. Special Cash Payment: 100,000 yen subsidy available to all who were registered residents of Japan as of 27 April 2020.
Please see an explanation of the four systems at this link.
Unbelievable. Uncooperative. Unacceptable. NOVA Never Stops Surprising
The union entered our September 11th collective bargaining session with a positive attitude: NOVA, after a summer of strikes, had told us that they wanted to build a positive relationship with the union.
However, our hope for reaching an agreement on a number of issues (especially those regarding the pandemic) was deflated almost as soon as the talks began.
We had hoped that NOVA, like other employers in the language industry, would agree to a system to help prevent incidents of coronavirus infection by establishing an information sharing system with the union.
At other language school employers, the union sends a weekly list of issues in the schools which are potentially hazardous in regards to coronavirus prevention.
Basically, the union uses the many eyes of union members to make sure the schools are doing as much as possible to keep teachers, staff, and students, safe.
ECC commented that they were, "not only happy that the union initiated this system, but thankful for the union's full cooperation."
Keep reading and see if you can spot the difference between ECC and NOVA's response to our offer of help...
Help us make GABA a better workplace for all by signing the petition
You too can back the union demands by signing our petition at www.bit.ly/gabapetition.
The recent coronavirus outbreak has highlighted serious inadequacies such as a lack of physical and financial security for Gaba instructors. The company has faced various disasters such as the March 11th 2011 triple disaster, Typhoon Hagibis #19 in 2019, and this year’s COVID-19 pandemic.
While Gaba continually makes changes to the contract to suit the operational concerns of the company, such as the introduction of the recent online lessons, Gaba does not likewise amend the contract to respond to important issues for instructors.
When it responds to these, it does so on an ad hoc basis in the form of temporary changes such as with a “Letter of Understanding” which also does not fully take into consideration the voices of instructors. These are also done unilaterally.
Yamahara Katsuji - Memorial - 27 September
Please join us via zoom on Sunday, 27 September at 1930 for a celebration of his life. You can RSVP your attendance at www.bit.ly/Yamahara.
---Obituary 24 July 2020---
He was known popularly to General Union members simply as Yamahara. No mister, no sir; just affectionately called Yamahara - and one of the most unpretentious people you could have ever met.
On 23 July 2020, Yamahara passed away quietly at his home 73 years after his birth in Sumiyoshi-ku, Osaka.
A union organiser since finishing school, Yamahara worked for many years for the General Council of Trade Unions of Japan (Sohyo) affiliated Metal and Machinery Workers Union (Zenkin) until its merger into the Japan Trade Union Confederation (Rengo). (see www.bit.ly/YamaharaObituary to keep reading).
Is GETTING PAID ON TIME Too Much To Ask For At NPO GLAD? (OP-ED)
This is what I (a member of the General Union) asked myself when I worked there.
For the past couple of years, the union has been dealing with one primary issue at this ALT dispatch company: the delayed payment of wages.
For me it started like this. Just before my salary was due, I received an email from the company director claiming that they had some vague banking problems that were causing delays.
Have you ever heard of something like this before? To me it sounded like something else...
New 2020 System Leads To Wage Cuts For ALTs
The General Union has been dealing with consultations and grievances from union and non-union members at many different boards of education regarding pay cuts since the new “KAIKEI NENDO NINYO SHOKUIN” system went into place for direct-hire ALTs.
As part of the new system, bonuses are allowed (but not mandated), so many boards of education have started to pay bonuses in June and December. Great!
Unfortunately, even with bonuses, many people have seen their salaries stay the same as they were before the “KAIKEI NENDO NINYO SHOKUIN” system took effect, and some have even seen their salary reduced...
Demands Sent To 75 Universities And Colleges To Stop Face-to-Face Lessons
After a meeting attended by union members working in universities and professional training colleges (senmon gakko), due to concerns about the spread of COVID-19, the General Union has submitted demands to 75 universities.
You can find the responses as they come in by clicking here.
Union members view the possibility of a return to face-to face-lessons amidst an explosive new growth in coronavirus infections with both anxiety and alarm.
While we understand that many universities are being pressured by MEXT and even parents to reopen campuses as soon as possible, if university campuses resume face-to-face lessons thousands of employees and students will be put at risk.
There is now considerable evidence that university age students, although less likely to develop serious symptoms, can be a major vector in the spread of the virus to those working in universities, to their classmates, and to their families.
Our members and our union believe that the resumption of on-campus classes at the present time would be a disastrous move from the standpoint of public health.
Obituary: Remembering Yamahara Katsuji 1947 - 2020
He was known popularly to General Union members simply as Yamahara. No mister, no sir; just affectionately called Yamahara - and one of the most unpretentious people you could have ever met.
On 23 July 2020, Yamahara passed away quietly at his home 73 years after his birth in Sumiyoshi-ku, Osaka.
A union organiser since finishing school, Yamahara worked for many years for the General Council of Trade Unions of Japan (Sohyo) affiliated Metal and Machinery Workers Union (Zenkin) until its merger into the Japan Trade Union Confederation (Rengo).
During this time, he was a prominent Kansai area organiser not only due to his excellent strategies and tactics in protecting workers’ rights and lives, but also for his continuous efforts in strengthening ties between Japanese and international workers especially in Asia.
In his mid-forties, while many gave up on the idea that the Japanese labour movement could remain vibrant, he left Zenkin in order to organise a union that would be there for all workers and founded the General Union in 1991.
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.
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.
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.
Maternity Leave And Child-Raising Leave In Japan
When planning for the future, finances are always high on the list of priorities, and planning for a family is no different.
Japan has some great government programs for parenting leave., and these programs are paid for by the government - not the employer.
However, because the employer has a vital role to play (and because the system can be a little tricky to navigate!), the union is here with some helpful pointers.
