Report on Government Negotiations
On November 20, 2020, at the Lower House Diet Members’ #2 Office Building, a group of education workers’ unions under the umbrella of Zenrokyo (including the General Union, along with the Sapporo General Union), participated in negotiation and exchange of opinions with the Ministry of Health, Welfare and Labor (MHWL), Ministry of Education, Culture, Sports, Science and Technology (MEXT) and Interior Ministry.
The agenda items for this year’s negotiation are listed below, with the relevant ministry for each.
1. Regarding COVID-19 experience so far, current situation, and from now on: MHWL
2. ALTs’ current situation and future: MEXT
3. Fiscal-yearly appointees: Interior Ministry
4. Shakai Hoken (health and pension insurance) enrollment conditions: MHWL
5. Related to switching to unlimited-term contracts: “10-year exception”, setting of contract limits: MEXT
In order to have discuss these issues as deeply as possible at this year’s negotiations, we submitted our questions and demands in writing at an early stage than last year.
After receiving written answers to these, we deliberated on these answers among the relevant unions, and were prepared in advance to engage in negotiation on the basis of these answers.
The demands and questions, along with their answers, are here:
Labor Update Bulletin #99 (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.
Unlimited Term Contracts at Universities - Webinar & Survey
The General Union, NUGW Tokyo Nambu, and Fukuoka General Union invite all university teachers to a webinar on unlimited term contract rights on Sunday, 6 December from 13:30 online (www.bit.ly/UTC-webinar). You can also download a PDF of our leaflet to send to a friend.
Also, as part of this campaign to secure unlimited term contract rights, we are dealing with a number of uncooperative universities that are trying to evade the law. We need your help in identifying these institutions. Go to our survey to let us know how your universities compares (www.bit.ly/UTC-survey).
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).
Help Us Launch "A New Deal for ALTs"
Take the 2-minute ALT survey at www.bit.ly/surveyALT.
A common saying in the ALT world is “Everyone’s situation is different,” and this is very true. Our situation truly is different from the regular, licensed, teachers we work with every day. We are in the school, but are often not part of the school.
We are subjected to odd requirements. Many of us are not enrolled in the social safety nets that our fellow teachers are, especially those employed as dispatch ALTs.
We are not given bonuses (or if we are, we suddenly find our regular pay being cut to make up for it). We are not afforded the stability of a regular contract. Many are simply not paid enough to live in Japan while working a single job.
In short, we are deeply concerned that ALT jobs are being turned into poverty jobs. This not only affects the ALTs' livelihood, but also the quality of ALT programmes as many can simply no longer afford to be an ALT regardless of their passion for the work and their dedication to the students.
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.
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...
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.
