Panel says bullying by peers, subordinates also power harassment

A government panel studying measures to combat bullying at work recommended Monday that harassment by peers and subordinates be included in definitions of power harassment in the workplace.

In the government’s first proposal to define power harassment, often associated with abuse of power by bosses, the panel said in its report that power harassment could occur not only between people in different hierarchical positions but when there are gaps in expertise in specialized fields such as information technology.

The number of consultations related to bullying or harassment at work brought to the attention of the ministry’s regional labor departments across the country has increased from about 6,600 cases in fiscal 2002 to around 40,000 in fiscal 2010.

The report said there are six types of power harassment — physical attacks such as assault, mental attacks such as threats, ignoring or leaving someone out of the loop, burdening someone with excessive work, deliberately giving someone very little work to do and prying into someone’s personal affairs.

The working group determined there is a need to expand the definition of power harassment as it found from interviews with companies and the examination of litigation that there are a growing number of cases in which workers are continually ignored by peers and where younger employees well-versed in IT harass people in more senior positions who are less knowledgeable.

http://mdn.mainichi.jp/mdnnews/news/20120131p2g00m0dm019000c.html

外国人労働者、5%増の68万人 10月

厚生労働省は27日、2011年10月時点での外国人雇用の届け出状況を発表した。外国人労働者数は68万6246人となり、届け出ベースで前年比5.6%増えた。東日本大震災の復旧需要などを背景に製造業などで短期雇用に就く外国人が増えたとみられる。

外国人労働者を雇っていると届け出た事業所数は前年比7.2%増の11万6561カ所。働く人を国籍別にみると、中国が29万7199人と最も多く全体の43.3%を占めた。産業別では製造業が最も多い26万5330人となり、全体の38.7%だった。

07年に施行した改正雇用対策法に基づき、日本で働く外国人の状況を集計した。同法はすべての事業主が外国人労働者を雇った場合はハローワークに届け出るよう義務付けている。

http://www.nikkei.com/news/category/article/g=96958A9C93819481E0E5E2E08B8DE0E5E2E3E0E2E3E09797E3E2E2E2;at=DGXZZO0195588008122009000000

3 nabbed over fake contract for nuclear repair work in Fukui

Police have arrested three people for allegedly dispatching a worker to the Oi Nuclear Power Plant in Fukui Prefecture under a falsified contract, sparking a police probe into the yakuza’s possible involvement in nuclear-related jobs, investigative sources say.

The Fukuoka and Fukui prefectural police forces on Jan. 12 announced the arrests of Hideo Ichise, 58, of Tsuruga, Fukui Prefecture, Yoshimi Tomita, 59, of Maizuru, Kyoto Prefecture, and Kanae Ikegami, 36, of Kitakyushu’s Wakamatsu Ward, on suspicion of violating the Employment Security Law.

Police suspect Soshin Kogyo dispatched workers to nuclear power facilities, thereby providing the Kudo-kai [a Kitakyushu-based crime syndicate] with a source of funds, according to investigative sources. The case has sparked a rare police investigation into the alleged involvement of yakuza in nuclear-related employment in Japan.

According to police investigators, the three were implicated in an unlawful contract scheme in which a male employee of Soshin Kogyo was dispatched to Kansai Electric Power Co.’s Oi plant and forced to engage in repair work under the supervision of Taihei Dengyo from early March to late September in 2010. The three have admitted to the allegations, the sources say.

Fukuoka police and others with knowledge of the case say the fake contract was set up through deals between Soshin Kogyo and Takada Kiko, and between Takada Kiko and Taihei Dengyo. The Fukuoka and Fukui police forces believe the Soshin Kogyo employee served as a temporary worker in violation of the law, and suspect he may be just one of several temporary staffers sent to nuclear power facilities under bogus contract deals, investigative sources say.

Various temporary agencies have been suspected of siphoning off workers’ wages and crime syndicates are suspected of playing a part in dispatching such temporary workers.

http://mdn.mainichi.jp/mdnnews/news/20120113p2a00m0na015000c.html

Language hurdle trips up Indonesian nurses

More than half of 104 Indonesian nurses who came to Japan in 2008 through a bilateral economic partnership agreement to obtain nursing licenses have returned home, due mainly to difficulties meeting Japanese language requirements, it has been learned.

Through the EPA program, Indonesian nurses have been allowed to work in Japanese hospitals for three years as assistant nurses who take care of inpatients. They are all licensed nurses in Indonesia. The program requires they pass an annual national nursing certification test during their three-year stay.

When the first batch arrived in 2008, the national exam was severely criticized, as non-Japanese applicants were disadvantaged by their difficulty in reading complex kanji used in the exam.

For example, the word “jokuso” (bedsore), which is difficult to read even for a Japanese if it is written in kanji, appeared in the exam.

The criticism prompted the Health, Labor and Welfare Ministry to simplify the exam last year. The ministry put kana alongside difficult kanji to indicate their pronunciation.

However, Indonesian nurses were discouraged by another aspect of the EPA program. As assistant nurses, they were not allowed to conduct medical treatments such as drip infusions and injections, treatments they had engaged in as licensed nurses in Indonesia.

In Japan, they were primarily in charge of services such as table setting and bathing inpatients. After leaving Japan, most of them found new jobs in medical institutions in Indonesia.

The government has an EPA program with the Philippines, through which Filipino nurses are able to work in Japan. It plans to introduce a similar scheme with Vietnam.

http://www.yomiuri.co.jp/dy/national/T120104004687.htm

Japan to start grading skilled foreign workers in spring

The government announced Wednesday that it will start grading skilled foreign workers this spring and granting those with higher marks preferential treatment amid intensifying international competition for human resources.

Justice Minister Hideo Hiraoka told a press conference that he hopes an increase in foreign workers with high-level skills will help to complement Japan’s workforce.

Under the new system, the government will classify professions into three categories — academic research, work requiring highly specialized skills, and management and administration.

It will award up to 30 points to people with doctoral or masters degrees, and up to 25 points to specialists based on the length of their working experience.

Those who obtain 70 points will receive preferential treatment, such as securing a permanent visa if they reside in Japan for around five years in principle, shorter than the current 10 years, and their spouses will also be allowed to work in Japan, the ministry said.

http://mdn.mainichi.jp/mdnnews/news/20111228p2g00m0dm068000c.html

Immigration changes to come as new law takes effect in July

The revised immigration law will take effect next July 9 and the government will start accepting applications for new residence registration cards on Jan. 13, the Cabinet decided Tuesday, paving the way for increased government scrutiny through a centralized immigration control of foreign nationals.

The current alien registration cards, overseen by local municipalities, will be replaced with the cards issued by the central government.

According to the Justice Ministry, foreign residents can apply for the new card at their nearest regional immigration office beginning Jan. 13 but won’t receive it until July. However, valid alien registration certificates will be acceptable until the cardholder’s next application for a visa extension takes place.

At that point, the old card will be replaced with the new residence card, which will have a special embedded IC chip to prevent counterfeiting.

The government claims that centralized management of data on foreign residents will allow easier access to all personal information of the cardholder, such as type of visa, home address and work address, and in return enable officials to more conveniently provide services for legal aliens.

For example, documented foreigners will have their maximum period of stay extended to five years instead of the current three years. Re-entry to Japan will also be allowed without applying for a permit as long as the time away is less than a year, according to the Justice Ministry.

Permanent residents, meanwhile, will have to apply for a new residence card within three years from July 2012. Required materials necessary for an application have not been determined yet.

http://www.japantimes.co.jp/text/nn20111221a5.html

Four years after ‘Nova shock,’ eikaiwa is down but not out

Ask any ordinary person what significance Oct. 26 holds and you might find them struggling for an answer, but for many involved in Japan’s beleaguered English teaching industry, it was the day the nation’s premier operator fell into administration and took much of the rest of the industry with it.

This year, Nova marked its fourth anniversary of operation following restructuring, and while Louis Carlet, executive president of Zenkoku Ippan Tokyo General Union (Tozen), admits it has been a long time since the collapse, he feels that the English conversation school (eikaiwa) industry as a whole “continues to convulse.”

Carlet is no stranger to the Nova saga, having been a spectator to it from the start of the chain’s public troubles in early 2007 and the eventual bankruptcy to Nova’s restructuring by Nagoya-based holding company G.Communication in the following years.

Although the media at the time asked Carlet for his thoughts on a seemingly daily basis, he admits it was difficult to get a historical perspective on what impact Nova’s collapse would have on the industry.

“One thing I did say during several press conferences was that the business model of profits over people does not work in the long run,” he says.

Once the Ministry of Economy, Trade and Industry became involved in investigating Nova’s business in 2007, the eikaiwa chain seemingly went from a fully operating business to bankruptcy within months.

During the course of Nova’s downward spiral, the atmosphere at branches took a slightly unusual turn as Nova management, or more specifically then President Nozomu Sahashi, tried to allay instructors’ concerns about delayed payments through bizarrely worded faxes, which instead seemed to have the opposite effect.

Thinking back to those faxes, often referred to as “Jesus memos” for the spiritual metaphors and starry-eyed rhetoric Sahashi utilized, Carlet describes them as “creepy” and says they gave employees the feeling Sahashi “was losing it,” which only further lowered the confidence of everyone involved.

Nova finally collapsed under the weight of its debt on Oct. 26, 2007, though while many knew it was coming, Carlet admits he was surprised to hear that the Nova board had conducted a coup d’etat by holding an emergency meeting without Sahashi in order to fire him and immediately apply for court protection from creditors.

Immediately after, the National General Workers Union (NGWU) [sic] found itself thrust into the difficult position of providing support and advice to Nova’s entire foreign workforce, in addition to dealing with a surge in membership in the hundreds.

The labor group managed to organize the instructors into rallies and visits to the Labor Standards Office, as well as holding seminars to explain the complicated system behind the government’s guarantee that 80 percent of unpaid wages would be repaid in the event of bankruptcy and how to apply for unemployment benefits.

“We did a public relations campaign to make sure everyone in Japan knew how bad it was for unpaid teachers, some of whom had trouble getting food,” explains Carlet, who was then deputy secretary general of NGWU’s Tokyo Nambu branch.

The NGWU attempted to assist instructors in this predicament with a highly publicized “Lesson for Food” program, where private students would compensate an instructor for an impromptu language lesson with a meal instead of the normal tuition fee.

While the union’s intentions behind the initiative were noble, Carlet admits in hindsight that it had the “unintended consequence of lowering the private lesson market rate.”

One senior instructor in western Japan, who chose to remain anonymous for this story, has worked continuously with Nova since years before its restructuring, and witnessed the scaling down of Nova firsthand.

“The old Nova had a hierarchy of supervisors who conducted training and evaluations, called titled instructors, and gave day-to-day feedback on teaching performance,” he explains. “They did not always do the job very well, but as G.education hired so few people, there hardly ever seem to be any lesson observations anymore.”

The instructor describes the current Nova management as “extremely poor,” and while it was not especially good at the old Nova, he feels that the people running the branches now are “much worse.”

“There needs to be a proper system for training and supervising teachers, and while the various companies running Nova want the teachers to get more involved in sales, they have no good ideas about what they want the teachers to do,” he says.

While Nova has managed to pull off the massive feat of restructuring, it is clear that the eikaiwa industry has suffered significant contraction following the collapse, with competing language chain Geos going bankrupt in the middle of 2010.

“The economy is bad and young people’s employment is so unstable that most people have little extra time or money to spend learning a foreign language,” Carlet explains.

Looking to the future, Carlet does not foresee things improving drastically for the eikaiwa industry as a whole, but sees some opportunity for smaller operations.

“To recover, the eikaiwa industry would have to overhaul its business model and take language learning seriously as an educational exercise, treat teachers as long-time careerists and, ultimately, charge more,” he says.

http://www.japantimes.co.jp/text/fl20111220zg.html

Govt to limit 2nd-graders to 35 per class next year

The government plans to limit the number of second-year students at public primary schools to 35 per class starting in the 2012 academic year, sources said Saturday.

The system was introduced for first-year students at public primary schools in the 2011 school year.

To realize the plan, the government plans to employ about 1,000 more teachers, appropriating the necessary outlay in the fiscal 2012 budget, without revising the current law.

The education and finance ministries have concluded that the government will not face a heavy fiscal burden if the number of teachers can be increased without revising the relevant laws.

http://www.yomiuri.co.jp/dy/national/T111217003275.htm

Young teacher’s 2004 self-immolation caused by job stress, court rules

On-the-job stress is what pushed an elementary school teacher here to commit suicide in 2004, the Shizuoka District Court ruled on Dec. 15.

Siding with plaintiff Kenji Kimura, 62 — father of teacher Yuriko Kimura, who was 24 at the time of her death — the court ruled against the Fund for Local Government Employees’ Accident Compensation, which had refused to recognize the suicide as a “job accident.”

According to the decision handed down by Presiding Judge Tsutomu Yamazaki, when Yuriko Kimura was hired in April 2004 and put in charge of an unruly class of fourth graders, she was “exposed to continued extreme stress and did not receive appropriate support,” causing her to develop symptoms of depression. Furthermore, “the students’ problematic behavior continued to occur frequently, and disrupted classes became the norm.” The court ruled that the severe depression caused by these circumstances led to her self-immolation later that year after receiving a written complaint from a parent.

The accident compensation fund argued that Kimura had abandoned class discipline and let the students run wild, and otherwise demonstrated a lack of social skills, claiming her subsequent depression was partly her own fault.

The court ruling also stated that the teachers and school administrators who criticized Kimura for poor teaching should have been more supportive, saying the lack of that support was “a very large problem.”

At a press conference after the trial, Kenji Kimura told reporters, “I want a thorough check on what’s going on at the school and measures to be put in place so this doesn’t happen again.”

http://mdn.mainichi.jp/mdnnews/news/20111216p2a00m0na003000c.html

Average winter bonus for gov’t employees goes up 4.1%

The government’s rank-and-file employees received on average of about 617,100 yen in winter bonuses, up 4.1 percent from a year earlier, as the Democratic Party of Japan-led government failed to make deep cuts in wages.

The average bonus for a government employee is equivalent to 2.02 months pay, which is some 1,900 yen higher than if a 0.23 percent pay cut had been implemented. The authority’s proposal is designed to make up for the gap with pay from the private sector.

http://mdn.mainichi.jp/mdnnews/news/20111209p2g00m0dm024000c.html