Inside the “Voice”
Shakai Hoken and You Welcome to Fukuoka General Union Simul Union wins big University Teachers Union Update
News from the General Union (Kansai & Tokai), NUGW Tokyo South, Fukuoka General Union, Miyagi Amalgamated Union, NUGW Kanagawa
- General Union As reported in December’s National Union Voice, unhappy with the lack of proper health and pension rights for foreign workers in Japan, General Union members voted to adopt a resolution regarding Shakai Hoken. The first rounds of demands have now been sent to the major eikaiwas, including Nova, Geos, Aeon, ECC and Interac. We are now beginning to receive their formal replies. Nova’s recent response outlines clearly that they are breaking the law by not enrolling teachers. Nova further exasperates the problem by squeezing profits from their own insurance scheme: Japan Medical Assistance (JMA). Nova, in the professed interests of its employees, requires all new instructors to have insurance (and proof thereof) before coming to Japan. Nova also happens to offer its own insurance in the form of JMA. Prospective employees are deliberately left unaware or under aware of Shakai Hoken and its benefits. They are “offered” JMA. The result is that Nova manages to shirk its legal responsibilities by not paying into a compulsory, government established insurance system, and is instead having its employees pay Nova for its own private insurance scheme. Our research shows that there are 4500 people insured under JMA. Using this number as a starting point (there are
more than 4500 full time teachers at NOVA) and a very conservative salary average of 250,000 yen per month, NOVA is saving itself over a billion per year in employer Shakai Hoken contributions. The question of the legality of Nova’s JMA policies arose in talks held between the General Union and the underwriters,
Mitsui Sumitomo. Mitsui Sumitomo stated that in order to purchase traveller’s insurance (for a resident of Japan for use in Japan), the condition is that one must be enrolled in Shakai Hoken. Mitsui Sumitomo claims that NOVA told them that all teachers were enrolled. Discussions with Mitsui Sumitomo continue. (See NOVA…pg. 4)
- Tokyo Nambu Most foreign workers have no job security. More than 20% of Japanese male workers and more than 50% of Japanese female workers have fixedterm contracts rather than permanent seishain status. Over 90% of foreign workers have this unstable employment status. On top of the insecurity of renewal/nonrenewal every six or twelve months,
foreigners are dismissed outright (even in the middle of a contract) at a rate far higher than their Japanese coworkers. While Prime Minister Junichiro Koizumi’s reforms erode job security for Japanese workers, foreigners are fired at whim. Nova, the English conversation industry leader, has an unspoken policy of turning out longserving (and thus expensive) workers. (See March…pg. 2)
National Union ‘Voice’
- Tokyo Nambu On December 3, approximately 40 Union members from Kanto, Kansai, and Kyushu met with Diet Members Inoue Kazuo, Hosokawa Ritsuo, and Kobayashi Chiyomi at the Democratic Party of Japan Hearing on Rights of Foreign English Teachers. These representatives and officials from the Health, Welfare and Labour, and Education ministries met to hear the problems facing English teachers, and other foreign workers in Japan. Representative Inoue expressed his concern for the deteriorating conditions under which foreigners in Japan labour, and signalled his intention to bring these matters to the attention of the House of Representatives. Ms Kobayashi and Mr Hosokawa as well noted the human rights issues that are faced by foreigners in the workplace while resident in Japan. Issues raised by Union activists are the constant threat of dismissal endured by
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teachers at NOVA, power harassment issues and the abuse by managers of a customer complaint system at Berlitz, as well as the discrimination against foreigners at Japanese universities. Abuse of the Workers’ Dispatch Law in the placement of ALTs was also discussed as a matter of concern. Individual members recounted tales of dismissal for risible pretexts, and also insult and threats directed at them for their union activities. Representative Inoue has joined his efforts to Nambu’s in the past, in the case of highway workers suffering drastic cuts in pay and deterioration of working conditions. It is to be hoped that the regular appearance of union activists and officials at Diet hearings will result in the focus of legislators’ attention on abusive practices in the language instruction industry as well as in all other endeavours in which foreign workers are concerned.
February 2005
And the situation is even direr for nonWestern workers. It’s time we all – foreigners of all nations and Japanese – got together to roll back this trend. It is time to stand up and demand job security for foreigners as well as Japanese. Let’s each one of us take personal responsibility to organize this march and demonstration on March 6 in order to fight for the rights of foreigners to a stable work environment, free from threats of firing, from power harassment, from unpaid wages and illegal dismissals, and from an arbitrary and abusive renewal process. Let’s make Sunday March 6 a day to remember. In Tokyo, we will meet in Miyashita Koen (Park) near Shibuya Station at 2pm sharp on March 6 (Sunday). The demonstration and march should be over by 4:50 or 5pm. If you live in Kyushu or Okinawa, please demonstrate with the Fukuoka General Union in Fukuoka (steph_houghton@hotmail.com). If you live in Kanto or Tohoku please march with NUGW Tokyo Nambu in Tokyo (carlet@jca.apc.org). If you live in Sapporo, please contact: Arudou Debito at (davald@do-johodai.ac.jp). Those in the Kansai area should write to gu@generalunion.org. The Kansai demo will be scheduled within the next few weeks.
National Union ‘Voice’
- Tokyo Nambu The list of achievements of the Simul Academy International Teachers Union (SAITU), a branch of Nambu, is as long as it is amazing. While many other union branches struggle to protect jobs and wages from dismissals and cuts, SAITU last year improved the conditions of its members in countless ways. The school tried to fire four union members during 2004. The union fought back, successfully reinstating three of the four. The other dismissed member gave up the fight on his own. Thus the union was successful in three out of three dismissal disputes, sending a clear message to management that the union will protect its members from unfair
dismissal. The union also successfully abolished the hated 15-minute rule, an obligation for teachers to show up 15 minutes before the start of class without any pay. Many teachers prepare at home or at other times and are quite comfortable showing up five minutes before the start of class or right on time, since they are completely prepared. The union demanded that the school abolish the rule or pay up. After some tense days with the hint of a strike in the air, the school backed down and abolished the rule on condition that the union agree not to bill the school retroactively for 15-minute segments in the past.
The school also agreed to a 4,000 yen per month pay hike for all union members and we will continue bargaining over an automatic duesdeduction (check-off) system for union members. These and other victories at Simul were the result of hard work and perseverance by SAITU leaders, solidarity among SAITU members and with other Nambu member from other branches. Simul Academy management also has an exemplary record over the past year of negotiating with the union in good faith. In fact, this employer is one of the few in the English language industry that does negotiate with the union in good faith, and is truly a model for other employers.
General Union Fundraiser Larks in the Bar – 3 1,000YEN – Doors open at 5:00 - Tokyo Nambu After six months of battling and bickering, fired union leader David Jobson is now poised to walk back into the workplace where he is the Chair of the Trils United branch of Nambu. Union members had fought long and hard for this victory, making it ever sweeter. After two demonstrations, three mediation sessions at the Saitama Prefecture Labour Relations Board (Rodo Iinkai), Trils director Kawata Eiichi finally decided to back down and give Jobson his job back. In addition, Trils will pay all his back wages and help him renew his work visa. The victory shows how effective a labour union can be when members fight long and hard in solidarity. The fight at Trils has just begun, of course, since now the task turns to improving the conditions for the entire branch and to welcome new members who want to be a part of it all.
Beat the Winter Blues at The Blarney Stone – Umeda, Osaka www.the-blarney-stone.com
February 20, 2005
You can find a copy of the National Union ‘VOICE’ at the following establishments. Also, read the ‘VOICE’ online at www.generalunion.org Osaka Area: Balabushka (Shinsaibashi), The Cellar (Shinsaibashi), Pig and Whistle, Tin’s Hall (Tennoji), Tramps (Kyobashi), Green Leaf, Murphy’s Irish Pub, The Playpen (Osaka), Banana House, The Blarney Stone, Moriguchi International House, Tabunka Kyosei Centre, Orange House, Nell’s Bar, Sam & Dave’s (Umeda/Shinsaibashi), Kitano Catholic Church, Kobe Area: Hyogo International Plaza, Ryan’s Irish Pub (Sannomiya). Hyogo Int’l Exchange Centre. Kyoto Area: Café Independent, The Hill of Tara, Kyoto City International Foundation, Peace Café, Tadg’s Irish Pub.
February 2005
Nara Area: Nara Information Foundation, Licks and Kicks. Fukuoka Area: Sakae Sushi, Kambal Restaurant. Kanto Area: Dubliners (Shinjuku), Dope Music Bar FOGGY, Franziskaner Bar and Grill, XYZ Bar, Paddy Foleys, Sid’s Bar, Club Deja-Vu, The Bodhran. Nagoya Area: Queen’s Head, Pub Restaurant Usquebaugh, Marky’s, Pelican Pete’s, NPO Plaza, Tokuzo, Jazz Room Exit, Nagoya International Centre, The Elephant’s Nest, The Misfits, The Plastic Factory, Dining Bar Vita.
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National Union ‘Voice’
Many foreign teachers have been conned into believing that there is no benefit in being enrolled in Shakai Hoken – SH (Employees’ Health and Pension Insurance). Employers have led teachers to believe that enrolment would amount to a big pay cut with few benefits, and have told the union that they don’t enrol teachers because the teachers don’t want it due to the high cost. But let’s be serious, when was the last time your employer worried or cared about how much you earn? Did you ever get a break on taxes? Employers have resisted SH for one reason, and one reason only, it would cost them a huge sum of money. In the coming months, we will explore the problems that teachers have encountered due to the lack of enrolment. Do you have a Shakai Hoken story? Let us know at: shakaihoken@generalunion.org.
NOVA Teacher 1 Of course JMA doesn’t cover pregnancy, and neither does SH. The big difference here is that a pregnancy, which leads to medical complications, is covered by SH. Not knowing this, the teacher was happy to stay with JMA until her medical emergency. When the emergency finally occurred, she was left scrabbling to have NOVA enrol her in SH, only to be left with eight months of premiums because she had to be back enrolled. The union was able to get back her JMA premiums. NOVA Teacher 2 Believing that JMA was adequate health insurance, the teacher stayed with the plan until leaving the company at 60 years of age. Little did he know that JMA is not proper coverage in Japan. After leaving NOVA, the teacher applied for National Health Insurance through his ward office. The city office, after reviewing his insurance history, ruled that since he was never enrolled on SH, he would have to back enrol to the tune of 1.3 million yen. The union will now start negotiations with the city hall.
NOVA Teachers Think you got a good deal with JMA? What happens if your pre existing condition acts up, or your cancer doesn’t get cured after six months? With JMA you’re stuck, because your payments don’t cover these things. Since SH would cost a new NOVA teacher about 11,000YEN, NOVA is gambling away your health for 5,000YEN a month. NOVA teachers, who regularly leave before three years, would receive over 90% of their pension contributions back. Don’t get stuck with JMA! ECC Teachers 1 and 2 Have you ever been told that Kokumin Kenko Hoken - KKH (the health insurance through your ward office) is just as good as SH? Two ECC teachers recently found out that this is not the case. While offering the same coverage for medical care, KKH does not cover your wages in cases of illness. If these teachers were in SH, they would have received 60% of their wages during their extended hospital stays. The General Union has now approached ECC and demanded that the employer, to make up for their irresponsibility, cover the 60% of the back wages.
Pension – Lump Sum Withdrawal
Nova shows further contempt for the law by acknowledging that they “back enroll” those who become sick, and who are not covered by JMA, into Shakai Hoken. When Nova/JMA refuses to cover the medical expenses of a teacher under its policy, they are very happy to run down to the Shakai Hoken office and back enrol the teacher. The maximum back enrolment is 24 months. This means that on average, depending of the person’s length of employment, the amount paid by Nova ranges between about 27,000 and 650,000yen. As we all
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know, treatment of illnesses of a serious nature in Japan are not cheap. It could easily run between to 1-20 million yen. By not having enrolled all eligible employees, Nova is robbing the Japanese government, the Shakai Hoken scheme, but more importantly you. It is your taxes that pay for what Nova refuses to pay for. Are you a NOVA employee? Let us know what NOVA told you about Shakai Hoken at the beginning of your employment. Write to us at: shakaihoken@generalunion.org.
February 2005
One big reason why some teachers feel that Shakai Hoken is expensive is due to the pension contributions that they must make. The lump-sum withdrawal system was created to allow foreign workers to get a partial reimbursement for the pension premiums. If you are here three years or less, you will have 90% of your pension contributions returned upon application after leaving Japan. Of course any limit on a pension refund is unfair and the General Union will start negotiations with the Ministry of Health, Welfare, and Labour to extend the refund period. Call for more details.
National Union ‘Voice’
On July 1, 1999, after two years of preparation, the first foreigners’ union for the Fukuoka/Northern Kyushu was officially established. Called the Fukuoka General Union, our purpose is to maintain and improve the working conditions of our members in our area. Any non-management worker of any nationality is welcome and encouraged to join the union. With the foreign national population at an all time high of 14,442, up nearly 80% in the last 10 years, we feel there is a strong need for the Fukuoka General Union. The majority of our members are teachers and staff at conversation schools, public and private schools, and universities. However, our union is open to any full time or part time worker regardless of nationality.
Foreign lecturers (gaikokujinkyoshi), employed within 8 years since graduation on a 1-year contract renewable a maximum of 4 times are ineligible to apply for their own jobs. In July 2004, foreign lecturers opened collective bargaining negotiations with the University of Kitakyushu (a municipal university set to incorporate in April 2005) through Fukuoka General Union. Demands: 1. Existing foreign lecturers (who pass a performance review) should be put on new 5-year contracts (starting from year 1) in April 2005 2. The title of the position should change from foreign lecturer to lecturer
Disputes: Howdy Language School One employee was fired for no good reason in September 2003 after 5 months 3 weeks employment. Early collective bargaining demanded reinstatement but Howdy only offered a couple of classes a week despite simultaneously recruiting full-time teachers. The case is now in court. Demands: 1. 60% of salary from the time of the termination to the time the court reaches a verdict or an agreement is made plus the same amount payable as a penalty. Seiryo High School One part-time Assistant Language Teacher (A.L.T.) at this Fukuoka city high school may lose his job next year when a JET A.L.T. is employed. Separate work rules seem to apply to part-time staff but Fukuoka City will not state in writing what they are. The case is under discussion. University of Kitakyushu
3. Working conditions should stay the same 4. Contracts should be made renewable upon evaluation according to set criteria 5. Upon evaluation, lecturers may be promoted to Associate Professor in appropriate faculties (if positions become available) 6. In the future, lecturers will be eligible for promotion to professor, department head, dean, vice-president and president regardless of nationality, race etc. 7. Maternity leave should be increased to one year. In September 2004, the university made a number of interim decisions, which they promised to review again in summer 2005. Interim decisions are as follows:
February 2005
1. Previously, applicants for the gaikokujinkyoshi position had to be within 8 years since graduation (an indirect age-cap) but this limitation has been lifted. 2. Previously, exiting 5th year gaikokujinkyoshi were not eligible to apply for their own jobs but this restriction has been lifted 3. The title of the position will change from gaikokujinkyoshi to gogakukyoshi (foreign language lecturer)
Successes Seinan Gakuin University Tokunin faculty were officially told that their employment would end on March 31, 2005 because the tokunin system had been abolished. The NUGW/FGU had several meetings with the university president and other officers of the university administration on behalf of a member employed at the university, arguing that setting an arbitrary termination date would constitute an unfair dismissal and be contrary to the Labour Standards Law. The university has since relented and all affected faculty will be able to continue teaching in the coming school year. ALC Language School In February 2004, FGU negotiated a settlement with ALC Education, Fukuoka regarding downsizing, terms of severance, and unemployment insurance. OWLS Language School One employee was fired on the spot for no good reason in July 2003 after 4 months employment. He was told that since he was a sub-contracted worker, no notice was required. FGU negotiations began and by January 2004, OWLS had settled for wrongful dismissal. The employee was given 3 months salary and unemployment insurance. OWLS also agreed to employ all (present and future) employees on employment contracts. (To be continued in the next edition) 5
National Union ‘Voice’
NOVA, GEOS, AEON, Interac, ECC: Campaign Shakai Hoken expanded union rights, and improvements in working conditions and pay. Excel International: Union activity against a dismissal and for paid holidays for part time teachers. ANUP: Union wins a new legal paid
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holiday system. YMCA: Negotiations to start over pay increases and Shakai Hoken. Nichibei Eigo Gakuin: GU crossexamined company witnesses in Unfair Labour Practice case. Shunto demands submitted. Union leader wins workers rep election despite company’s
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obstruction and interference. Union wins legal overtime pay system for staff. Nishinomiya City Board of Education: Board again attempts to non-renew branch leader, but backs down after protest from the union. Nagoya Gakugei University: GU wins settlement in non-renewal of part-timer. Ritsumeikan University: Collective bargaining held 21 Jan. Demands included withdrawal of all term limits to employment. Kyoto Gaidai: Part-timer’s class cut withdrawn after GU talks to university. Tezukayama University: Settlement reached in case of part-timer laid off half way through contract.
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Chose the Japanese words that match the clues below. dantaikosho kokuminnenkin koyohoken koyokeiyaku kumiaitsubushi rishokuhyo rodokijunkantokusho rodokumiai rodokumiaiho shakaihoken shugyokisoku sutoyaburi zangyo
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The document needed from your employer so you can apply for unemployment insurance. This office that polices the labour standards law. Trade Union Law. Employees Health and Pension Insurance. Working regulations. Collective bargaining. National Pension Insurance.
Employment contract. Overtime. Labour union. Union busting. Strike breaker. If you work 20 plus hours per week, you must be enrolled in it.
February 2005
On 24 December 2004, judgment was passed at Osaka District Court in an unfair dismissal case brought against Nova by a General Union member. This was the first time Nova's policy has been judged upon by a court of law. Although the plaintiff’s claim of unfair dismissal was not upheld—for other reasons—the court had this to say about Nova’s controversial non-socialisation policy: ‘A comprehensive prohibition as in this clause forbidding socialisation cannot be held to be necessary.’ .... ‘Forbidding in advance in a comprehensive manner any socialisation between English conversation teachers and students in order to prevent trouble and disciplining for a violation of this rule cannot be admitted as fair or socially acceptable.’ Does this mean that the non-socialisation policy is dead? No, but it may be its death-knell, as it will make it impossible to enforce. This is one more big step towards bringing Nova into line with normal practice in this country.
National Union ‘Voice’
- Tokyo Nambu The University Teachers Union, a branch of NUGW, Tokyo Nambu, held its Annual General Meeting at NUGW headquarters in Shimbashi, Tokyo on January 16th. Outgoing president Bill Casey noted the completion of the University Teachers Union Survey of Foreign Nationals at Japanese Universities 2004, and plans for the translation and publication of the report’s findings. As the results have been distributed, other teachers’ labour organizations have adapted it to their own purposes. UTU president Casey also noted the difficulty of organizing teachers in different and often isolated working environments. Vice-President Lohmann noted the flux in the status and conditions of the former national universities as a result of
their corporatization in 2004. Administrators seem overwhelmed by the changes this has required. Treasurer Troll reported the financial health of the organization and spoke of the measurable effects the Union’s efforts have had at various levels—from local universities to government ministries—and on the need to persist in efforts to improve the conditions of Union members. The Union Executive Committee discussed plans to meet with Education and Labour Ministry officials together with members of the Part-time Lecturers Union-Tokyo Area. Also considered were participation in the Job Security for Foreigners March on March 6 in a coordinated action with General Union and Fukuoka General Union, and the meetings with Ministries officials the next day.
ゼネラルユニオン 関西の約 60 大学を対象に、ゼネ ラルユニオンと関西圏非常勤講 師組合は、10 月より一斉リーフレ ッティングを行なったが、その労 働相談と交渉の中間集計がまと まった。年内までだけでも、アクセ スは 40 大学の教職員からあり、 要求提出や団交となったケース の内でも、次のような勝利を収め ることができた。この活動は今後 とも継続され、期待は大きい。 【雇止め・解雇撤回】 兵庫県立大・西宮市教委・ 薫英学園 【賃下げ・減ゴマ撤回】 追手門学院大・京都外大・
- Tokyo Nambu On December 21, 2004, members of the Part-time Lecturers Union-Tokyo Area, together with an observer from NUGW Nambu branch University Teachers Union, met with administrators from Chiba University in collective bargaining session. The issues discussed were as follows. Cuts in salary - No cuts in koma or salary are planned for the coming year. Paid vacation days - Teachers should apply before the desired day and plan a make-up day, which will also be paid. It was pointed out that the existence of this system is largely unknown to parttimers. Commuting expensesThe administration is making preparations to include compensation for commutation charges with the monthly salaries, replacing the current system of a single
yearly payment. Condition of classrooms - The administration understands the importance of the cleanliness of the classrooms, and attributes the present unacceptable condition to a shortage of funds. Gap between employment contractsA disturbing change in conditions may have been averted by timely action by the UPLU last summer. At that time, an examination of employment documents showed gaps in the term of employment for next year which were not included in the documentation of previous years. Union officials met with a Diet legislator, along with Labour Ministry officials, and received assurances that this would not affect either the accrual of seniority-based benefits or conditions of employment. Administrators stated that they would comply with the officials’ decision.
February 2005
神戸大 【閉講に伴う、賃金補償】 帝塚山大・名古屋学芸大
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“Voice”の紙面 社会保険未加入に最後通告 南部が国会議員との懇談会 大学労働相談で大きな成果 ＮＯＶＡ交際禁止違法判決
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年
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号
ゼネラルユニオン(関西・東海)、全国一般東京南部、福岡ゼネラルユニオン、宮城合同労組、全国一般神奈川
ゼネラルユニオン
入らなくていい。それよりＪＭＡの海
は、共謀の三井住友と合わせ、刑
外旅行保険を」と誘導し、４５００名
事告発などの社会的制裁は避けら
ＮＯＶＡは違法にも、講師を社会保
もの従業員が入らされている。ＪＭ
れないであろう。
険に加入させず、年十数億円もの
ＡはＮＯＶＡの子会社で、三井住友
会社負担掛金を支払っていない。
海上の代理店でもあり、各社とも
そのため無保険となっている組合
「社会保険の代わり、は違法。まし
員がやむなく、高くて給付が悪い、
てや海外旅行保険は」と知っていな
休業補償もない国民健保に自費で
がら、従業員に強制してきている。
加入しようと自治体に行く例が多
ゼネラルユニオンは、社会保険法
い。しかし「会社員だから入れない」
違反の、ジオス・インタラック・イー
とか「入らなかった罰則を含め、過
オン・ＥＣＣなどに要求と警告書を送
去２年分１２０万円の掛金を払え」と
付済であり、外国人労働者総行動
請求されるなど深刻な問題を生ん
【3 月６～７日】の対厚生労働省交
でいる。
渉では、ブラックリストも提出する予
ＮＯＶＡは採用時に「社会保険は
定だ。特に悪質なＮＯＶＡに関して
解雇された講師の提訴した裁判 で、大阪地裁は「講師と生徒の交際 を禁止した雇用契約は、社会通念 上、相当と言えない。他の英会話学 校にこのような規定はなく、交際全 部を禁じるのは相当ではない」との 判断を 12 月 24 日に下した。 我々各労組が永年、撤廃を要求 し続け、人権擁護委員会からも勧 告されてきた憲法違反ともいえる雇 用契約書に、ついに司法の決定が 下り、ＮＯＶＡ本社は追いつめられ た。
全国一般東京南部 Tokyo-to, Minato-ku, Shimbashi 5-17-72F 東京都港区新橋 5-17-7-2F Tel: 03-3434-0669 Fax: 03-3433-0334 carlet@jca.apc.org
– ゼネラルユニオン Nagoya, Nakamura-ku, Meieki Minami 1-20-11
名古屋市中村区名駅南１ー２０ー１１ Tel/Fax : 052-561-8555 tokai@generalunion.org
– ゼネラルユニオン Osaka-shi, Kita-ku, Temma 2-1-17-3F 大阪市北区天満 2-1-17-3F Tel: 06-6352-9619 Fax: 06-6352-9630 gu@generalunion.org
福岡ゼネラルユニオン Fukuoka, Hakata-ku, Hakataeikimaei 4-7-2
福岡市博多区博多駅前 4－7－2 Tel/Fax: 092-473-1222 fukuoka@generalunion.org
宮城合同労組
全国一般神奈川
Sendai-shi, Aoba-ku, Kamisugi 1-5-13 仙台市青葉区上杉１－５－１３ Tel: 022-261-4392 Fax: 022-222-7734
Yokohama-shi, Minami-ku, Idogayanakamachi 44-3
横浜市南区井土ヶ谷中町４４－３ Tel: 045-714-6021 roudou@ce.mbn.or.jp