Labor Update Bulletin #145 (08/2022)
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.
Unlimited Term Contracts at Universities and Colleges
www.bit.ly/UTC-article-J (日本語)
Unlimited Term Contract Application: http://gu.generalunion.org/UTCapplication.
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Did you know that as of 2018, those having worked continuously for five years at the same university are eligible for an unlimited term contract?
Q: Unlimited term contract (UTC)? What’s that?
It’s an employment contract without an arbitrary end date and is a new right that came along with an amendment to the Labour Contract Law in 2013.
Many of us currently work on one-year contracts which require a renewal year to year, but a UTC requires no renewal. This means that if an employer wants to get rid of you, basically they would have to fire you; not just wait out the year and then refuse to give you another contract.
Does this mean you have a job for life with the exact number of koma on the same exact day and time? No, but it does mean that if all remains the same (student numbers, curriculum, etc) you can keep working and we would argue, should be able to retain your koma (the latter part has still to be tested out in court).
Stop Unfair Labor Practice at Nagoya International School!・名古屋国際学園の 不当労働行為に 抗議を!
The General Union is currently in a dispute with Nagoya International School over a member who was non-renewed after filing a sexual harassment complaint and declaring union membership.
名古屋市守山区にキャンパスを持つ名古屋国際学園（Nagoya International School) は２０１９年、セクシャル・ハラスメントの告発と組合活動をした教師との契約を更新しませんでした。
The Union has engaged in collective bargaining with the school as well as filing a suit against them at the Osaka Prefectural Labor Commission.
ゼネラルユニオンは大阪府労働委員会に不当労働行為救済申し立てを行い、調査の過程で名古屋国際学園の多くの労働問題が明らかになりました。
2022 ECC Teachers Strike Ends as Company Offers Concessions
[Note: General Union and ECC are currently collaborating on a draft collective agreement which will officially conclude negotiations. Since it is an ongoing process, the situation is subject to change.]
The General Union’s ECC Branch ended its months-long fight this July after members across Japan voted to accept ECC’s offer for improved pay and working conditions.
2022/7/20 Tokyo High Court: Ruling rejecting avoidance of unlimited-term conversion due to abuse of "10-year special exception"
On July 20, 2022, the Tokyo High Court ruled in favor of the Tokyo District Court's December 16, 2021 ruling that approved the "unlimited-term conversion based on more than five years of service" of a part-time lecturer at Senshu University.
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Overview of the Case
2022/7/12 Statement by Science Council of Japan on "mass dismissal"
At the end of March 2023, there are fears of the massive dismissal of limited-term contract researchers and teachers at universities and research and development institutions nationwide.
This is one of the moves to "avoid the conversion to unlimited-term contracts."
On July 12, 2022, the Executive Committee of the Science Council of Japan issued a statement on this issue.
We denounce this miscarriage of justice・不当判決糾弾!!
On May 23, an appeal verdict was heard in the “Osaka #1 Incident” case, in which the Osaka District Court in December of 2017 made an unfair ruling to smash a strike that was carried out by Zennikken Solidarity Union, Kansai Ready-Mix Concrete Branch (Kansai Nama-Kon, or Kan’Nama).
５月２３日、大阪高裁で２０１７年１２月に全日建連帯労組関生支部が取り組んだストライキへの不当弾圧裁判である「大阪第１次事件」裁判の控訴審判決がおこなわれた。
Help Kick Off our "NEW DEAL for ALTs" campaign
JET, ALT, AET, etc., etc.,
Parents, Students, Taxpayers...
ALL WELCOME to kick off our
NEW DEAL for ALTs campaign!
Monday, 27 June at 19:30 via zoom
sign up at: https://gu.generalunion.org/nda
Speakers Include: Takatsuki City Councillor – Mr. Takagi, Union officials from across Japan, ALT/JET union members
Presentation Includes: Japan BoE ALT survey results, Campaign goals and objectives, Launch of National ALT Working Conditions Survey.
Let's make sure that ALTs have DECENT WORK and are given the tools to provide QUALITY EDUCATION while keeping public education public and free of private dispatch.
Download our campaign leaflet and
SHARE WITH ALL YOUR ALT FRIENDS ACROSS JAPAN!
We are changing ALC Education
We are a determined group of 8 indefinite-term instructors at ALC Education committed to improving working conditions and pay-related issues in the face of persistent delaying tactics. We’ve had two years of union experience in collective bargaining, initially with a different union and since August 2021 with GU.
私たちは、アルクエデュケーションの無期雇用契約講師8名で、会社執拗な遅延戦術に直面しながらも、労働条件と賃金関連問題の改善に取り組んでいる意思の固いグループです。
With GU support, we’ve succeeded in:
ゼネラルユニオンの支援により、私たちは以下のことに成功しました。
Union City Blues - by David McNeill
NUMBER 1 SHIMBUN -
Foreign Correspondents' Club of Japan
Writer David McNeill does a fabulous job of presenting the current Kan'nama union busting situation in a very clear light.
The General Union has put out many articles about the Kan'nama situation as well as participated in rallies and demonstrations, and raised money for the defence of the arrested 88 union members.
We hope that this article helps make things even clearer.
Language Teachers in Japan – Don’t Scab for ECC!
If you have been following recent news about ECC, you are already aware that unionized workers – mostly instructors – are on a strike.
The ongoing labor dispute centers around years of stagnant wages and an unfair make-up workday policy. Union members are determined to strike for as long as necessary for ECC to come back to the negotiating table with something worthwhile.
Support from many professionals in the language teaching industry in Japan, as well as friends, family, and representatives from other Japanese unions assure us that our cause is just, and our morale is high!
Kyoto Gaidai Leafletting Action: Calling all members!
Monday, 25 April
08:15 meet at KYOTO SAIIN STATION south gate
08:30 to 09:15 Leafletting Action at front gates of university
Kyoto Gaidai University is notorious for its harsh policy during the corona-virus pandemic of forcing teachers with underlying conditions to take an unpaid leave of absence.
Union member David Waddell received the shocking cancer diagnosis just 5 weeks before the end of the Spring semester. He asked to be allowed to finish his classes online in an on-demand format while he received urgent cancer treatment. However, Kyoto Gaidai applied its policy without mercy and got another teacher to take over until the end of the semester leaving David with zero wages during this period.
ECC Teachers Strike Against Stagnant Pay, Overwork
Today, Saturday April 16th, ECC teachers and other ECC workers are on strike as General Union urges ECC to continue negotiations to settle complaints that its employees have been making for years now.
This strike is a long time in the making and its roots go back all the way to 2016, if you would believe it, when ECC introduced its “35 Hour Teaching Staff” contract for foreign employees.
Labor Standards Inspection Office (LSO) Should Not Encourage Employers Who Do Not Follow the Law
The Beginning
In 2020, when the first wave of COVID-19 swept through Japan, a General Union member was working for dispatch company GLOVA, teaching English at a vocational school to which he was dispatched. Due to COVID-19, some classes were canceled.
The union member asked the company to pay Kyugyo Teate. Kyugyo Teate is a payment that companies are obligated to pay employees when they are ordered not to work, for any reason other than an “act of God,” such as a severe typhoon. GLOVA replied, "Your contract with us is an itaku (freelancer) contract, not an employment contract, so we will not pay you Kyugyo Teate.”
"GET ON" AEON Outreach Campaign a Growing Success
Early March 2022, unionized teachers at AEON language schools took a shot in the dark and organized an ambitious, nation-wide mailing campaign to reach out to coworkers across Japan. Since the project’s start, General Union has received a great positive response from teachers that shows that AEON workers are hungry for better working conditions.
"Know Your Rights" Seminar, a Great Success
Thanks to all of you who made our "Know Your Rights" Seminar a big success.
Sixty union and non-union members from around the country met on Sunday, 20 March to learn about their rights to an unlimited term employment contract, and health and pension enrolment. There was also a presentation from TELL (formerly Tokyo English Life Line) about their support of immigrants mental health issues in Japan as well as an introduction to their counseling services.
最低賃金署名・Minimum Wage Petition
中央最低賃金審議会長
Chair of the Central Minimum Wage Council
最低賃金1500円と全国一律最低賃金制度の確立を求める署名
Petition for a minimum wage of 1,500 yen and a uniform national minimum wage
コロナ禍の中、日本では、非正規労働者や低賃金労働者の生活困窮が拡がっています。内閣府 「令和3年子供の生活状況調査の分析報告書」によると、現在の暮らしについて「苦しい」また は「大変苦しい」と回答した割合は、全体では 25.3%なのに対し、貧困層では 57.1%、ひとり 親世帯では51.8%になっています。また、「食料が買えなかった経験」は全体が 11.3%に対して 貧困層では 37.7%、ひとり親世帯では 30.3%となっています。
In the midst of the Corona disaster, the impoverishment of non-regular workers and low-wage earners is spreading in Japan. According to the "Report on the Analysis of the 2021 Survey of Children's Living Conditions" by the Cabinet Office, 25.3% of the total respondents answered that their current living conditions are "difficult" or "very difficult", while 57.1% of the poor and 51.8% of single-parent households answered that their current living conditions are "difficult" or "very difficult". In addition, 37.7% of the poor and 30.3% of single-parent households experienced not being able to buy food, compared to 11.3% of the total population.
ALC Education Employee Rep・アルクエジュケーション従業員代表
Employees at ALC Education will face a workers representative election on Tuesday, 22 March and GU members are urging all employees to refuse to vote due to a number of unanswered questions.
アルクエデュケーションの従業員は3月22日（火）に従業員代表選挙に臨みますが、ゼネラルユニオン組合員は全従業員に投票を拒否するよう呼びかけています。それはいくつもの疑問が解消されていないからです。
GU Public Seminars - Know Your Rights at Work
The union will be holding open online seminars for members and non-members on Sunday, 20 March from 14:00 to 16:30.
Topics
Shakai Hoken (Health and Pension Insurance): Are you covered by these two important insurance? Find out why you should be covered and how to get covered including important changes to the enrolment criteria from October 2022.
Unlimited Term Contracts: Have you worked over five years for the same employer? You need to get an unlimited term contract to improve your employment security. University teachers especially are finding it more difficult as employers are trying to make use of a 10 year loophole. Good news from Tokyo courts over this matter
TELL (used to be Tokyo English Lifeline): Learn about TELL and how they can help you with your non-labour related issues.
14:00 - 14:50: Shakai Hoken & Unlimited Term Contracts
15:00 - 15:50: Shakai Hoken & Unlimited Term Contracts (university focused)
16:00 - 16:30: TELL Presentation
RSVP your attendance HERE!
Berlitz, ECC Workers Demand a Pay Rise in Reaction to Government Plan
The Berlitz and ECC branches of the General Union recently issued their annual demands to their respective employers. Among other things, both branches have demanded percentage-based pay raises for members across the board – and that is no coincidence!
In early December 2021, the ruling coalition of the Japanese government issued an outline of the 2022 tax reforms. This is part of Prime Minister Kishida’s push for a “new capitalism” intended to create a “post-Covid-19 society” premised on equitable distribution of profits and the “virtuous cycle” of corporate growth -> employee growth -> consumer growth -> corporate growth, etc.
Among a slew of new rules, revisions, and incentives, one offers large employers who grant permanent wage hikes of at least 3% to all employees a 15% tax credit on their annual income taxes.
International Schools Organising Committee・ゼネラルユニオン・インタナーショナレスクール組織化実行委員会
The GU will soon begin a national survey of International Schools throughout Japan. We have found many problems in this sector, mainly around issues of harassment, but also around basic rights to insurance, paid holidays, contract renewals.
ゼネラルユニオンは近く、日本全国のインターナショナルスクールの調査を始めます。この分野では、主にハラスメント問題をはじめ、社会保険、有給休暇、契約更新などの基本的な権利についても多くの問題が見つかっています。
We want to make a better International Schools environment in Japan for both teachers and students, Japanese and foreign teachers and staff, and international and domestic hires.
私たちは、教師と生徒、日本人と外国人の教師とスタッフ、海外と国内の被用者にとって、日本のインターナショナルスクールの環境をより良くしたいと考えています。
Soon you'll be able to help us get the ball rolling by answering our survey. You tell us more about you and we'll let you know more about us.
もうすぐあなたにアンケートに答えて頂くことで、私たちの活動を後押しして頂けるようになります。私たちにあなたのことをもっと教えてください。私たちはあなたに私たちのことをもっと伝えたいと思います。
General Union on JobsinJapan podcast
General Union general secretary Dennis Tesolat is interviewed on a number of current topics that will be of interest to foreign teachers in Japan.
The interview covers what the GU can do for those in smaller workplaces, ALTs and our plan to win changes, and university teachers and unlimited term contracts.
The interview also revisits the major NOVA bankruptcy in 2007.
Watch the Inside Japan episode 164 podcast, "Foreigner’s Working Rights in Japan | Union Secretary Dennis Explains".
GU members standby union member David Waddell
Almost 100 union members will be meeting on 7 February to support fellow GU member David Waddell who is suffering not only from Stage III Esophageal Cancer, but also from the callousness of his employer. We will be making a mass appeal to his employer, Kyoto Gaidai, to do right by David.
Kyoto Gaidai University is notorious for its harsh policy during the corona-virus pandemic of forcing teachers with underlying conditions to take an unpaid leave of absence.
“Poor Sales” Doesn’t Cut it When Your Job is On the Line!
“I was told by my company yesterday that they are firing me. When I asked my manager why, she said that it is because the company’s sales/profits have been bad for two years and they need to start terminating some employees, although I don’t know who else, if anyone, is being fired. What can I do?”
My Performance is Bad? Prove it!
“My boss recently called me into a meeting and gave me 30 days’ notice that I will be terminated. His reason was that I just have ‘poor performance.’ He didn’t really get into detail and didn’t give me a letter or anything. This year has been incredibly stressful for non-work reasons, and I may have done worse than usual, but I didn’t think it was worth being fired for. Can he really fire me?”
Osaka University・大阪大学：Unbelievable・信じられへん！
Working at Osaka University (Handai)? Join us in assuring your rights to an unlimited term contract!
大阪大学（阪大）で働いておられますか？ あなたの無期雇用契約の権利を守るために一緒に活動しましょう。
Click to download and send to a friend・ダウンロードして、仲間に送る
Message from a Jailed Union Activist・長期拘束されたた労働組合活動家からのメッセージ
Hello to all of you in Osaka. This is Ozawa, in Tokyo. I would like to express my respect for the persistent fight you have put up in Osaka against the Osaka office (NOTE: refers to the Osaka branch of the company). This fight has surely posed a major threat to Sanken Electric.
大阪のみなさん、こんにちは。東京の尾沢です。大阪のみなさんの大阪営業所（注；大阪支店のこと）に対する持続的な粘り強い闘いに敬意を表します。この闘いはきっと、サンケン電気に大きな脅威を与えていると思います。
YOU can support our member at Kyoto Gaidai. Join us!
Let's put our voices together on Monday, 7 February!
We are inviting you to attend our online gathering in support of union member David Waddell who is suffering not only from Stage III Esophagael Cancer, but also from the callousness of his employer. You can learn about the issue and how YOU personally can support David. Please attend any of the short 30 minute sessions at 10:00, 13:00, or 19:30
GU Sues Ecole Internationale Franco Japonaise - No employer too small or too far for us to deal with!
The union has been trying to engage this Kanto employer in collective bargaining over the dismissal of a union member for many months now.
They have written to us explaining that AFTER hiring the member, they learned that she was not properly licensed and therefore had no choice but to end her employment. Unfortunately, they came across this information AFTER hiring the member for one year. They tend not to understand that it was their job to be properly informed and it wasn't because our member hid any information in the interview. A contract is a promise!
Their lack of understanding also came out in their basic refusual to hold collective bargaining. We received long "stream of consciousness" emails about their mission, and how the GU was interfering in the realisation of their goals. Too bad that their clever emails didn't have the advice of a lawyer who would have told them about their obligation under article 7 of the Trade Union Law to hold negotiations with the union.
Report: Unions vs Government (2021/12/15)
On December 15, the General Union, with the cooperation of NUGW Headquarters and together with fellow NUGW unions Tokyo Nambu and Fukuoka General Union, as well as Sapporo Chusho Roren Regional Union (Sapporo General Union), engaged in negotiations with the Ministry of Health, Welfare and Labor (MHWL) and the Ministry of Education, Culture, Sports, Science and Technology (MEXT).
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Building a stronger GU and labour movement in 2022
A happy New Year to all members and supporters.
We would especially like to extend a warm welcome to our new Kyushu members as the Fukuoka General Union has merged with our union as of 1 January.
Today is 4 January and the union is already facing a busy calendar to kick off the new year.
Collective bargaining is being set for Takarazuka Board of Education, Ashikaga Board of Education, ALC Education, GABA, ECC, Doshisha Girls School, Osaka University, Kyoto Gaidai, and Nagoya International School. Issues at these workplaces range from individual grievances to job security and dealing with the pandemic in 2022.
[PICTURES] Osaka, General Union Joins March Against Police Repression
Sunday, December 12th, representatives of the General Union were proud to participate in an Osaka rally to condemn police repression of labor union activists.
Rentai Union Kan-Nama Branch (All-Japan Construction and Transport Workers’ Solidarity Union, Kansai Regional Ready-Mix Concrete Branch) has been subjected to an unprecedented crackdown by prefectural police in Osaka and Shiga Prefectures. Many of our fellow members have been arrested and re-arrested. Read about it HERE.
Partial Victory in the Kan’Nama court cases
Monday, 13 December was the Osaka High Court decision in the Kan’Nama cases.
One of the defendants was acquitted (he has been dismissed because of the first trial decision), and the other defendant was fined 300,000 yen. This was a partial victory. We haven't heard the complete details of the verdict, but it's a step forward from the first court decision which ignored the constitution. The Kyoto District Court found one defendant guilty of "attempted extortion" for demanding a work certificate from a nursery school.
Union sues International Buddhist/Shitennoji University
On Friday, 17 a General Union member filed a suit at the Osaka District Court regarding their employment at Shitennoji University.
The member has taught at the University for nine years, and even though they were on an unlimited term contract, the University unilaterally terminated the member's employment when they turned 67. The official reason was: retirement is set at 65.
GU negotiations with labour and education ministries
The chair of the General Union travels to Tokyo on 15 December and together with our sister unions: Fukuoka General Union, NUGW, Tokyo Nambu, and Sapporo General Union, and representatives from National Union of General Workers, meets with the ministries of labour and education.
ECC, Union reach agreement
ECC members of the General Union began negotiations for the 2021 year in March 2021. Members had already spent one year negotiating regularly over company measures regarding the pandemic and were keen to begin negotiating for real changes to their working conditions.
Top on the agenda for change were the working conditions for a new contract type introduced five years prior. The new contract type had many conditions that were meant to purposely thwart the benefits of the "unlimited term contracts" which began in 2018 after changes to the Labour Contract Law.
The new contract type included longer working hours, purposely replaced pay increases with yearly bonuses, increased yearly working days, and limited the contract to four renewals. The company showing their true intent also forbade pay increases for those on the previous contract type who had applied for unlimited term contracts.
Spreading the union word at International Schools
On 5 December union and non-union members working at International kindergartens, elementary, and junior and senior high schools met to discuss issues facing workers at their schools. More importantly though, we met to discuss the possible solutions to these problems.
Using a case study for Nagoya International School (NIS) we looked at some of the main problems employees face:
- General lack of knowledge about labour law in Japan almost as if they were covered by some kind of extraterritoriality agreement like Japan suffered under western colonial powers.
- Failure to enrol in government mandated employment, health, and pension insurance.
- Failure to take complaints of harassment seriously and deal with the harassment problem.
- Presenting themselves as being progressive on gender, race, and labour issues while at the same time failing to deal with these problems in the workplace.
Upcoming Solidarity Events
T
he General Union has grown a lot in the last year or so and with that growth come more responsibilities for us to participate in the larger labour movement around us. We hope that you can participate in some of these important actions.
If you can attend any of these actions by using the form at the end of this article.
1. Sanken Electric Tuesday, 16 November at 12:00 in Umeda (Osaka)
Solidarity Protest Action to Support Dismissed Workers at a Japanese company in Korea.
2. Arrested at Sanken Electric Tokyo Rally and Held for Over Four Months
Petition to demand the swift release of our Zenrokyo brother, Mr Ozawa.
Download fillable PDF petition (English translation on pg. 2)
Questions for GABA Corporation
As we enter the winter of 2021-22, the General Union continues to raise issues with Gaba regarding COVID-19, health and safety in the workplace, and transparency.
As of mid-October 2021 the official COVID cases in Japan have dropped, although deaths are still averaging dozens a day. Gaba has improved its protective measures over the last year and a half, which is good to see. It placed signs about correct mask-wearing, corrected clients who didnt wear masks correctly and required everyone in the LS to wear non-woven masks for better protection.
Unfortunately, the fifth wave of summer 2021 saw a large spike in cases, with not all serious cases able to be hospitalized and many deaths, a number of which should have been prevented. There were a number of cases related to Gaba Learning Studios. While the fifth wave has subsided, COVID has not disappeared, and the authorities are preparing for a possible sixth wave.
Kyoto Gaidai Takes Hardline Against Teacher After Cancer Diagnosis
Kyoto University of Foreign Studies (Kyodai) has a policy of forcing teachers who have underlying conditions or are sick to either risk their life teaching face to face or to stay home and basically lose their job and means of making a living. Two union members have already ceased working there due to the harsh policy.
(David has recorded this video outlining his experience. He is currently in hospital having major surgery.)
This contrasts with most other universities in the Kansai area which have allowed online teaching options for teacher's with underlying conditions. Kyoto Gaidai has had one of the harshest approaches in the region. Two union members have already had to cease working when faced with this choice.
General Union ECC Branch: Solidarity & Action Online Rally
The ECC Branch of the General Union has called two strikes for 30 October and 6 November and will be holding a Rally for Solidarity and to Call Out ECC on Sunday, 17 October at 10am and 8pm.
ALL General Union members are urged to come for a show of support for their union mates at ECC.
The General Union ECC Branch is the largest branch in the General Union. As such, they have played a pivotal role in shaping the fight for eikaiwa workers’ rights in the language teaching industry in Japan.
A victory for the GU anywhere is a victory for union members everywhere! Showing that we stick together wherever we work, puts all employers on notice!
Union-led Progress at Nagoya International School
The General Union is currently in a dispute with Nagoya International School over a member who was non-renewed after filing a sexual harassment complaint and declaring union membership (read more). Since then, the Union has engaged in collective bargaining with the school as well as filing a suit against them at the Osaka Prefectural Labour Commission. This pressure has precipitated changes in the workplace.
Prior to the union's involvement, Nagoya International School had had many questionable labour practices in addition to the mishandling of the sexual harassment case, but after negotiations with the Union, workers at Nagoya International School have won the following:
Shots at Eikaiwa
In early July, Before the vaccine supplies issues occurred, we sent a letter to the six main Eikaiwas AEON, Berlitz, ECC, GABA, Nova and Shane recommending what they should do to safeguard their workers’ health and economic wellbeing during the vaccine process. We recommended getting the vaccine should be considered worktime (either paid or being vaccinated during work time) and paid time off for any side effects. This is similar to what companies such as Mitsubishi Electric Corp, Meiji Yasuda Life Insurance, Yahoo Japan, Soft Bank and Mercari Co already did back in May
ECC Teachers Vote to Strike!
The ECC Branch of the General Union – the single largest workplace branch in the General Union – has voted to go on strike after ECC’s management repeatedly rejected workers’ demands centered on employee health, pay, and mandatory “holiday make-up” workdays.
The vote was held after a spirited two-hour, all-member meeting Sunday, August 30th. The broad sentiment of attendees was that ECC failed to show sympathy or even fairness for its employees at a time when the Covid-19 pandemic is endangering teachers’ health as well as creating classroom chaos with unclear and unpopular policies.
From the list of demands ranging from long commute allowances to fair treatment of non-limited term contract workers, the leading demand of unionized teachers is the abolition of extra workdays that teachers are required to do to “make up” for national holidays that fall on their normal workdays.
Click to Support The Union's Doshisha Dispute
30 August Online Information Picket
The union has received a lot of press attention around our current dispute with Doshisha, but we still need your help in publicising the information and helping us protest to Doshisha.
In a nutshell, the dispute is about (read more about the union at Doshisha)
- Age-based, discriminatory wage cuts at Doshisha University (cased filed with Kyoto District Court-Labour Tribunal)
- Unpaid wages due to pay for all work done at Doshisha Girls Junior & Senior High School (case filed with Kyoto Kami Labour Standards Office)
- Evasion of the unlimited term contract provisions in the Labour Contract Law by limiting employment to ten years.
- Failure to negotiate with the union and dismissals of union members (case filed with Osaka Prefectural Labour Commission)
You can also help us spread the word about the dispute and urge Doshisha to negotiate fairly with the union to resolve these matters by adding this story to your Facebook feed or Twitter feed.
"D"oshisha Day action dispute
On August 19th the General Union filed 5 actions against Doshisha after fruitless attempts at negotiations. After trying to the utmost to get Doshisha to negotiate, it was clear that they had no interest in offering any ideas to resolve the myriad problems raised by members.
The Union announced its intention to enter into dispute here: (https://www.generalunion.org/higher-eduction/2374-union-prepares-dispute-against-doshsisha)
First thing in the morning, we went to the Labor Commission to seek relief for 3 cases of dismissal of union members as a result of their membership and refusal of collective bargaining.
Non-renewal? 30 Days notice - no less!
Recently, a union member at a large, prominent eikaiwa was thrown a curve ball: for a variety of factors, this member was to have their limited term contract non-renewed.
As we at the General Union geared up for a fight, one of our branch officers discovered something important: the company had not given the member 30 days notice for non-renewal.
Demanding Safety at GABA
The COVID-19 pandemic is continuing with record cases in Japan, especially in the Tokyo area. The General Union believes that protecting workers health and economic position is the top priority.
So, we have submitted demands to GABA that we believe protect the health of clients, instructors and staff. As well as maintaining a livable income for Gaba Instructors.
These demands include protecting workers current rates of payment if they reduce their lessons for the purposes of safety, make the current difficult lesson cancellation system simpler and efficient, make sure air flow is at a premium, ensure covid-19 testing is done above the standards of the public health center and promote transparency for all covid19 cases at a GABA LS.
With GABA workers and the General Union working together we believe can make the workplace safer for all.
A list of the demands can be seen here.
GU vs Doshisha in the news across Japan
Between 12 and 13 August about 45 websites carried two Kyodo News stories outlining General Union plans to sue Doshisha University "Doshisha University: 30% reduction in salary for 60-year-old foreign associate professor goes to Labour Tribunal", and Doshisha Girls Junior and Senior High School, "Doshisha teachers request corrective guidance from the Labor Standards Inspection Office over 'unpaid wages'"
The articles outline the problems faced by General Union members and the union's plans to bring suit against Doshisha Educational Corporation on 19 August. On the same day the union will also file three separate unfair labour practices suits against the school for unequal treatment of union members and refusal to negotiate with the union.
Mandatory Retirement as an "Unreasonable Dismissal”
The ongoing labour dispute at Shitennoji University (IBU)
Like the rest of Japan, the General Union is facing an aging membership and issues of retirement are at the forefront of our work. As a labour union, we do not want a society where everyone is forced to work till death, but we also recognise that many of our members are part time workers with no pensions and cannot simply retire.
Many of our members, especially at universities, are on unlimited term contracts and some universities, in an attempt to undermine this employment security, have established unreasonable retirement conditions despite the status of our members as unlimited term contract workers. While there is nothing in the law that bans the establishment of a retirement age, there is nothing in the law that limits how old you can be when you apply or get an unlimited term contract. This makes it highly unlikely that a retirement age set for only one or two years after conversion to an unlimited term contract can be considered reasonable. This is because these retirement regulations would be undermining the benefits set out in the Labour Contract Law. namely of employment security.
In the case below, our dealings with the ministry of labour, is leading us to the conclusion that forced retirement, especially in cases where the unlimited term contract was granted for only a few years prior, could be treated as a unreasonable dismissal, not a retirement.
Living and not surrendering to this coronavirus crisis caused by irresponsible politics
Special resolution for creating a movement to protect human life
Osaka Zenrokyo (National Trade Union Council - Osaka)
From the second wave of the coronavirus pandemic in 2020 to the opening of this conference during the period when a fifth wave is about to begin, the coronavirus crisis has reached one year. With this continuing long pandemic, it has been a long period that both the labor movement and its various activities have had to be scaled back. However, with the spread of the coronavirus, dismissals and shift reductions, loaning out of employees, and so on, the burden has been shifted onto non-regular workers and women and the number of people suffering daily hardship has increased. For this reason, this was also a year of expectation among labor unions. Amid this, to say nothing of the lack of policy from the LDP-Komeito administration, foolish plans like the GoTo Travel campaign caused an explosion of infections and people were made to suffer even further.
Working at a Private High School? .
2022 could be a dangerous year for you
SeminarDownload poster and send to a friend
The General Union represents many eikaiwas and university teachers, but many don’t know that we have a rather large contingent working at private elementary, and junior and senior high schools.
In 2022 there will be a major change in the national English curriculum guidelines. Simply put, “eikaiwa” or English Expression classes will be eliminated and replaced with a course called Logic Expression.
This could lead to a loss in work for foreign English teachers at private high schools. So far we have heard from members at two schools who have been able to give us rather concrete information.
Eikaiwa Boss Tries to Slip Out of Paying, Gets Caught by The GU
The General Union recently concluded negotiations over payment for training, winning a teacher JPY80,000. A Nagano eikaiwa required a teacher to travel from Nagano all the way to Tokyo for multiple days of work training – all without pay!
Hands Off! Don't Touch Our Koma! - Updated
Union begins survey of union members in preparation to defend 2022 koma.
Non-members also welcome to take the survey.
Every year since 2011, about this time of year the union begins thinking about our members' koma in the next year and how to prevent them from being reduced.
This is because we decided that the best way to prevent cuts in koma is not to wait till they are lost, but to act first. We do this by surveying members to check which university they want to declare their union membership to as part of our union demands for NO REDUCTION in their next year's koma. Most universities have reacted very well to this by not cutting union members’ koma.
How to apply for an unlimited term contract & protect your working conditions
The union has put out a lot of information on this topic and if you are at a university, this article will be the most helpful for you. This article is aimed more at those working in non-university jobs like: eikaiwas; private elementary, and junior and senior high schools; kindergartens, dispatched ALTs. If you are a direct hire ALT at a public board of education or a JET, this article does not apply to you.
Download the flyer here and send along to a friend.
How do you qualify for a unlimited term contract (UTC)?
Simply put and thinking of those on one-year contracts; you can apply for an UTC after you start your sixth year of employment. At this point you fill in the application, submit it to your employer, and the employer must accept it and starting in the seventh year must give you an UTC with no disadvantageous changes or no changes that you haven’t agreed to.
(if you have a two or three year contract, please see our easy to understand charts)
COVID-19 Safety at Gaba Corporation
The General Union remains concerned about COVID-19 safety measures and transparency at Gaba Corporation. The union has been raising these issues since February 2020.
The company has taken some measures to improve safety, but has refused to allow teleworking, or even for instructors to only teach online lessons in the Learning Studio and not teach face-to-face lessons.
Japan continues to experience high numbers of COVID-19 cases. As of July 1st, it has an official death toll of 14,735. 11,276 of these were in 2021, which is only half over. The spread of the more infectious variants is a concern, especially as Gaba allows clients to drink in lessons, which involves removing their mask while sitting right next to the instructor.
30th Anniversary Logo & NEW Facebook Page
We would like to unveil our new 30th Anniversary logo and welcome you to our new Facebook page. We need your likes and we are giving everyone a chance to win a free General Union T-shirt.
We have also updated our twitter account (#GENERALUNION_JP), and our new Instagram page (GENERALUNION). We will also be working on building our General Union YouTube channel (General Union).
See below for more information on how to win a free union T-shirt by visiting our new www.facebook.com/GeneralUnion.org page.
Just in Time for Summer - Vaccination Roll Out
Two months ago, in response to the state of emergency, the General Union issued a letter of inquiry to Japan’s six largest private English teaching companies (Aeon, NOVA, GABA, Shane, ECC, and Berlitz) asking them how they were going to protect the safety of their workers. Their responses were half-cooked at best, but we continued to fight to protect our members and win important concessions across Japan.
Eikaiwas and the Pandemic: Much Talk, Little Action – But we demand more!
The corona virus is something we are all sick of but with the third state of emergency in progress. We asked the six major eikaiwas in Japan what they are doing to prevent infection as well as requesting them to take measures that protect our members livelihoods in their time of need (aside from what the union had already forced many of them to do).
The six main eikaiwas we approached were: AEON, Berlitz, ECC, GABA, Nova and Shane.
Maternity and Child Care Leave Online Seminar
Are you planning to have a family or already have a child on the way? Then this seminar is for you.
The General Union will be holding a zoom seminar on Sunday, 27 June at 7:30pm discussing all things related to maternity and child care leave in Japan.
Topics include:
- Leave rights
- How to register your pregnancy
- Lump sum childbirth payment
- Maternity leave eligibility and benefits
- Childcare leave eligibility and benefits
- What happens if the birth is early or delayed
- How to register the birth of your child with the Japanese Government
- And more..
If you would like to attend RSVP your attendance here.
Download flyer for friends and colleagues.
Fukuoka City ALTs and the Mysterious Case of the Missing Millions and Thousands of Classes
Via the Fukuoka General Union, here's a short video on the situation of ALTs in Fukuoka.
We imagine that the information in the video covers a lot more ALTs than just those in Fukuoka.
Do you see your own situation in this video? Let us know - especially if you want to do something about it.
We Demand Safety First at GABA
The General Union has been raising safety issues with Gaba Corporation for many years, and this is a concern more than ever since the start of last year, when the COVID-19 pandemic began.
This pandemic is not over and is getting worse in Japan. In all of 2020, Japan's official death toll was 3,459. It is only May 2021 and there have been over 8000 (official) deaths this year in Japan.
It is impossible to social distance inside a Gaba booth, where clients and instructors are speaking in a place with poor ventilation, usually about 90cm from each other. Wearing masks is not enough especially as masks do not block all viral particles. Wearing only a plastic face shield in online lessons creates risks for others in the Learning Studio.
As General Union members at GABA our job is to reduce COVID risk and therefore reduce the risk of death or serious illness. We want to keep ALL GABA employees and clients as safe as possible.
Kobe Shoin Women's University Sued At Osaka Labour Commission
Uncooperative And Uncompromising: Kobe Shoin Wins Trip To Osaka
In the middle of a pandemic and state of emergency, Kobe Shoin Women's University did what no other university, board of education, or private company have done: they refused to hold negotiations online.
Not only did we ask for collective bargaining in the middle of a pandemic, the demands themselves were over keeping union members online after the state of emergency ended on 11 May.
Their answer? “Sure we'll meet you. Come to our university in Hyogo Prefecture after 19:00 and we'll be happy to chat."
Hands Off! Don't touch our Koma!
Union launches campaign for NO REDUCTION in 2022 koma!
Every year since 2011, about this time of year the union begins thinking about our members' koma in the next year and how to prevent them from being reduced.
This is because we decided that the best way to prevent cuts in koma is not to wait till they are lost, but to act first. We do this by surveying members to check which university they want to declare their union membership to as part of our union demands for NO REDUCTION in their next year's koma. Most universities have reacted very well to this by not cutting union members’ koma.
For example, in the 2020 academic year...
Demands sent to: 37 universities covering 125 member jobs
No koma cuts: 34 universities covering 118 member jobs
Koma cut: 3 universities covering 6 member jobs
Twice Aichi Pref Uni Has Backed Down Against the GU
Now it’s Time to Overturn the 20% Pay Cut & Win a Big Pay Rise for Japanese non-regular workers
(click the image to download a PDF for your friends)
Both Japanese and foreign non-regular workers at Aichi Prefectural University have something big in common: Twenty percent (or one-fifth) of your per-koma pay is what binds you together.
APU hopes that that they can use nationality to divide you and keep wages low, our union wants to get you together to improve your working life!
Part-Time At A Doshisha University? Your Time Might Be Limited...
The union has made some progress in negotiations with Doshisha University and Doshisha Women's College, mainly in clearing up a previously unanswered mystery: how long can a part-timer work at Doshisha?
And the answer is...
It depends on when you were hired.
Doshisha has finally clarified that those hired from 1 April 2016 are limited to nine renewals, and those hired before have no limitation on their renewals.
In collective bargaining, Doshisha maintained that all teachers had a nine-renewal limit. We finally now have a clear answer to the question.
But why a nine-renewal limit?
It sounds strange to us, and we know it sounds strange to Doshisha part-timers who were hired in 2016.
Union Pushes Back As Kindai University's Policy Of "Business As Usual" Puts Members At Risk
In February, the General Union Kindai Branch held collective bargaining session with Kindai University, during which we demanded that teachers be given the option of teaching online if they had medical conditions that put them at increased risk of contracting COVID and/or becoming severely ill.
At the time, Kindai told us that they were still uncertain of their policies for the upcoming semester, and we were alarmed by the suggestion that a medical certificate would not be sufficient and that an interview with one of their administrative staff would be required.
Then began what seemed to be a never ending effort to delay and stonewall the talks and their policy decisions in an attempt (we believe) to discourage teachers from applying for exemptions at all - and to prevent a rush of applications that they feared may eventuate if word got out that some teachers had been granted exemptions several weeks before the semester commenced.
The GU knows what it's talking about when it comes to unlimited term contracts at universities
The union has been involved at numerous workplaces dealing with universities' refusal to grant unlimited term contracts after 5 years as per the changes to the Labour Contract Law (see here for more information on this law)
Many universities are holding out by using an exception granted to the universities which lets them wait till after the tenth year to grant an unlimited term contract. But this exception ISN'T in all cases and ISN'T for all instructors teaching in a university. Famously, even Tokyo University did a U-turn on this when challenged by it's union.
Basically, the instructor must be hired under any of the three categories outlined in the "Act on Term of Office of University Teachers" (often referred to as NINKI-TSUKI or NINKI-HO) or an of the three categories in the "Act on Revitalisation of Science and Technology/Inovation Creation", and told very clearly upon hiring, in writing, which category they fall into.
Most of the universities that we deal with have usually not done this at all, or have simply written the name of the act (or other such language) in the contract.
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.
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.
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.
