Labor Update Bulletin #103 (12/2020)
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.
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.
21 February - Free Webinar for Filipino Workers in Japan
What you need to know as an OFW in Japan.
Free Webinar: 21 February from 1800 to 2000 via Zoom.
(regitration at www.bit.ly/OFW-seminar)
Seminar will cover:
※Japan Labor Standards Law (wages, contracts, holidays and leaves, health insurance, pension, etc.)
※Union membership (rights and protection of unions and its members, remedies for unfair labor practices, testimonies from current Filipino members, etc.)
※Philippine government rules concerning Filipinos working in Japan
※Other labor issues and concerns in Japan (Q&A with participants)
The seminar will mainly be focussed on Filipino teachers in Japan but all Filipino workers will find this seminar helpful and all are welcome to attend.
Download a copy of our poster and send it to your friends.
On facebook, find an event listing at: https://www.facebook.com/events/853487658819435
Kick Off 2021 by Signing the Postal Industry Workers Union Petition
Petition for Equal Treatment and Regular Employment for Irregular Postal Staff
Japan Post Group and its related companies have a total of about 190,000 irregular employees (part-timers, limited-term contract employees etc.) working as essential members of their staff.
The court case over Article 20 of the Labor Contract Act, filed by eleven irregular post office workers who sought correction of the disparity in work conditions between them and the regular employees, finally saw a Supreme Court verdict on October 15, 2020. This was widely taken up in the news media.
The ruling recognized disparities as “unreasonable and illegal” with regard to family allowances, year-end and New Year work allowances, premium wages for holiday work during the New Year period, unpaid sick leave, and summer and winter vacations. For housing allowances, the Superior Courts have already found disparity to be unreasonable. On the day of the Supreme Court verdict, Japan Post Commented that “In view of the importance of the problem, we will work on making the necessary adjustments to our system”. Now the companies of Japan Post Group must each obey the ruling and promptly carry out its requirements by amending their work rules and pay schedules accordingly.
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:
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).
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.
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.
