Zenkoku Ippan Tokyo General Union Sues Max Ali For Unfair Labor Practices

Today at the Tokyo Labor Commission, Zenkoku Ippan Tokyo General Union sued Max Ali (AKA Muhammed Ali Muhammed Mustafa, Japan Advanced Labor Agency, et alii) for Unfair Labor Practices under the Labor Union Act (Act No. 174 of June 1, 1949) for repeatedly refusing collective bargaining with the union and for failing to pay wages to a union member.

(Unfair Labor Practices)

Article 7. The employer shall not commit the acts listed in any of the following items:

(i) to discharge or otherwise treat in a disadvantageous manner a worker by reason of such worker’s being a member of a labor union, having tried to join or organize a labor union, or having performed justifiable acts of a labor union; or to make it a condition of employment that the worker shall not join or shall withdraw from a labor union. However, where a labor union
represents a majority of workers employed at a particular factory or workplace, this shall not preclude an employer from concluding a collective agreement which requires, as a condition of employment, that the workers shall be members of such labor union;

(ii) to refuse to bargain collectively with the representatives of the workers employed by the employer without justifiable reasons;

Also see: Tozen ALTs Sue Muhammed Ali Muhammed Mustafa For Unpaid Wages

Are you an ALT working for Max Ali (AKA Muhammed Ali Muhammed Mustafa), Japan Advanced Labor Agency, or Japan Advanced Labor Staff Services (AKA JALSS)? Only if you are are a member of a trade union do you have the legal right to collectively bargain with your employer to improve your working conditions. Join Tozen ALTs today!

Language Schools Nova, Geos Get Yet Another New Owner

Restaurant operator G.communication Co. has sold its subsidiary that runs the language schools Nova and Geos to an investment fund managed by its founder and former chairman.

The Oct. 1 transaction was apparently triggered by the fact that G.communication’s parent company, Foody’s Co., has been hit hard by the recent failure of Incubator Bank of Japan. Investors to Foody’s include businesses with close ties to the bank.

G.education Co. had just taken over the operations of Geos this April after the school’s previous operator went belly up. G.education acquired Nova’s operations in 2007 following the bankruptcy filing of the school’s former operator.

G.education is now 66% owned by the investment fund, which is headed by Masaki Inayoshi.

http://e.nikkei.com/e/fr/tnks/Nni20101006D05JFA03.htm

Geos, Nova English schools change ownership once again

G.communication Co. has sold off the failed English conversation school chain Geos, which it took over in April, along with the Nova chain of English schools, The Yomiuri Shimbun has learned.

An investment company led by Masaki Inayoshi, who formerly served as chairman of G.communication, purchased the subsidiary of the Nagoya-based firm that ran both Geos and Nova, under a contract that took effect Friday, informed sources said.

Inayoshi’s purchase of the two English school chains followed a decision by Foody’s Co., the parent of G.communication, to withdraw from the operation of Geos and Nova. The decision came in the wake of the bankruptcy on Sept. 10 of Incubator Bank of Japan, the major banking partner of Foody’s, according to the sources.

The failure of the bank gave rise to concern over Foody’s financial management. Foody’s engages mainly in extending financial and human resources backing to restaurants and related businesses, they said.

Nova has 490 locations and Geos 167.

The firm newly in charge of running the Nova and Geos schools says it expects no major problems with their operations, the sources said.

http://www.yomiuri.co.jp/dy/business/T101005004522.htm

Nova, Geos now under investment fund’s wing

Nagoya-based G. communication Co. last week sold Nova Corp. and Geos Corp., two major foreign language school chains, to an investment fund.

The fund, Inayoshi Capital Partners, run by recently retired G. communication founder Masaki Inayoshi, acquired the stakes Friday by purchasing shares of G. education Co., a G. communication spokeswoman said.

Seven Geos language schools overseas, in Singapore, Hong Kong, Taiwan and Thailand, will remain G. communication subsidiaries.

“Both Nova and Geos will continue their operations, and we believe this will not affect the students,” the spokeswoman said, adding both brands will be maintained.

G. communications took over the operations of Geos just six months ago after the chain filed for bankruptcy with net debts of ¥7.5 billion.

The corporation purchased Nova in 2007 after the school chain went bankrupt.

The spokeswoman said the decision to sell off the two school chains was made because Kobe-based food and beverage distributor Hanshin Shuhan Inc. is poised to become the parent company of G. communications and wants to focus on its mainstay business.

Tokyo-based Foody’s Co. now owns a majority in G. communications but has agreed to sell its entire stake to Hanshin Shuhan.

According to the Asahi Shimbun, Foody’s is planning to sell its stake partly because of expected financial difficulties due to the recent bankruptcy of its main creditor, Incubator Bank of Japan.

Foreign-language schools have seen a decline in sales and enrollment recently.

According to the trade ministry, average monthly sales at language schools fell to ¥5.1 billion this year from ¥8.1 billion in 2007. The corresponding monthly enrollment figure decreased to 335,827 from 619,642 students.

http://search.japantimes.co.jp/cgi-bin/nn20101005x3.html

G. Communication Sells Nova, Geos

G. communication Co. has sold all of its shares in a unit that manages English language schools Nova and Geos, officials of the Japanese diversified business group said Monday.

The shares in G. education Co. were sold on Friday to an investment company headed by G. communication founder Masaki Inayoshi for an undisclosed sum.

http://jen.jiji.com/jc/eng?g=ind&k=2010100400867

Kevin Salthouse’s Response to Rumors

To: All instructors
From: Kevin Salthouse, General Manager, Human Resources and Class Management  
Division
Subject: Response to rumors concerning the financial stability of Interac.
Date:  September 26, 2010

Earlier this month, I wrote a message in the ‘Interac-shin’ newsletter announcing that the Selnate Group was re-organizing into a new group under the Interac name. This change will be effective October 1, 2010.

Unfortunately, comments have been made on the forums of some well-known websites this weekend suggesting that Interac may be in financial difficulty or be going bankrupt. I am deeply concerned that such rumors may cause you worry and stress. So, let me categorically state that Interac is financially stable and in absolutely NO danger of going bankrupt. I would like to put an end to such rumors here and now. Nor will the re-organization have any impact on your jobs or working conditions.

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Tokyo gov’t employed worker over 20 years on temp contracts without benefits

The Tokyo Metropolitan Government employed a woman as a librarian for over 20 years through repeated renewals of short-term contracts, meaning the woman has not received commuter expenses or other allowances, or been entered into government employee medical insurance, it has been learned.

“We cannot determine if there is a city-employed worker who worked for 20 years on short-term contracts, but even if there is, it does not violate the law,” said a city spokesperson. However, legal experts are criticizing the metropolitan government, saying that this method of employment ignores many labor laws.

The Tokyo government’s rules on short-term employment stipulate that “a single contract will be for two months, and in the event the employee’s contract must be renewed, the continuous period of employment can not exceed six months.” To abide by these rules, the woman has been employed on two-month contracts, and in recent years she has been working for five-month stretches followed by one-month breaks before being hired again.

At least one bureau of the Tokyo Metropolitan Government employs around 600 employees on short-term contracts. It is possible there are other employees on short-time contracts effectively working as long-term employees.

One lawyer knowledgeable on labor issues says, “It is a serious problem having someone working continuously, which cannot be called ‘short-term,’ and leaving them without the protection and stability of social insurance for 20 years.”

http://mdn.mainichi.jp/mdnnews/news/20100929p2a00m0na013000c.html

Tokyo Landlords Lose Century-Old ‘Gift Money’ as Rents Slump

After viewing almost 100 Tokyo apartments, banker Damien Cambon was happy to discover that a Japanese tradition dating back more than a century is dying: the payment of up to two months’ rent extra as a gift to the landlord.

“Reikin,” or “gift money,” a non-refundable fee on top of a deposit and any broker fees that has helped boost landlords’ earnings since at least 1897, is the latest victim of a slump in the market in the world’s second-most expensive city. Rents in Tokyo’s five central wards fell to an average 4,165 yen per square meter in June, the lowest since the Japan Real Estate Institute started tracking prices in 1998.

“My broker would say, ‘forget about the gift money,’ and the landlords would all say, ‘OK,’” said Cambon, 29, who works for a U.S.-based bank he declined to name. “This was a very good surprise.”

As Prime Minister Naoto Kan considers injecting as much as 4.6 trillion yen ($55 billion) into the economy to create jobs, boost consumption and stem 12 years of deflation, Tokyo landlords are also trying to stimulate the rental market by scrapping reikin and waiving as much as five months’ rent for new leases.

“The rental property business is changing,” said Yoshiya Watanabe, a real estate agent at Atland co. in Tokyo. “If you eliminate reikin, you get better turnaround” for vacant units.

While landlords of luxury Tokyo apartments rented for 500,000 yen or more have waived reikin in the past, as many as 65 percent of units below that tier now don’t require gift money, compared with about 25 percent two years ago, Watanabe said.

Rooftop, Terrace

Cambon said his previous landlord lowered his rent 13 percent at the end of his two-year lease and waived the contract renewal fee of one-month rent. Even so, he opted for a new apartment with a terrace and rooftop access.

The September 2008 bankruptcy of Lehman Brothers Holdings Inc. and the recession that followed prompted a drop in occupancy rates, said Hirotaka Uruma, chief financial officer at Daiwa House Morimoto Asset Management Co. The company oversees BLife Investment Corp., a residential real-estate investment trust that manages 8,116 apartments in Tokyo.

“Waiving reikin has become the norm,” he said. “When your competitors are also waiving it, it doesn’t make sense for us to keep demanding it.”

BLife’s residential occupancy rates in Tokyo’s five central wards dropped to 85 percent in November from 94 percent a year earlier, he said. In the same period, gift-money income as a proportion of total revenue for BLife dropped to 0.3 percent from 1.65 percent, Uruma said.

‘Doesn’t Make Sense’

“In the long run, reikin will completely disappear because this is a system that doesn’t make sense,” said Yoji Otani, a real estate analyst at Deutsche Bank AG in Tokyo. Eliminating the fee “will make it easier for tenants to move around, which is good for brokerage companies, but bad for residential REITs.”

Gift money dates back to as early as 1897 when it was documented in a contract for a property in Tokyo’s Chiyoda ward, according to “Japan’s Rental Property (1995),” a book by Nobuhisa Segawa, a law professor at Hokkaido University. The practice originated to offset rising land prices while ensuring rents for new tenants weren’t substantially different from what their neighbors were paying, according to Segawa. Reikin income is typically split between the broker and owner.

Landlords who are holding on to the practice, also known as “key money,” include those who have inherited their property and are less concerned about vacancy, Watanabe said.

Not in New York

Demanding key money is illegal in New York, according to the New York City Rent Guidelines Board. The practice is no longer prohibited in England, though landlords typically don’t charge a “premium,” which gives tenants the right to assign tenancy to a third party, according to Tessa Shepperson, a lawyer in Norwich.

Tokyo Governor Shintaro Ishihara said in a 2004 policy statement that reikin as well as contract renewal fees should be eliminated. While the city’s position has not changed, it can’t legally force landlords to abolish the fee, said Kazuo Onoda, who works on the city’s efforts to improve housing policies. The decline of reikin “is a result of market forces,” he said.

Even after Japan’s land prices tumbled the most in 13 years in 2009, Tokyo is still the second-most expensive city in the world for expatriates behind Luanda, Angola, based on Mercer LLC’s Cost of Living Survey released in June that compares housing, food, gasoline, movie and other prices. Rent for a mid- range two-bedroom unfurnished apartment in Japan’s capital averaged $4,436 a month, compared with $3,906 in London and $4,000 in New York, according to the study.

Reikin’s Return?

Some landlords say reikin payments may return once Japan’s property market recovers.

“At the moment, new supply is very limited,” said Atsushi Ogata, chief executive officer of Nomura Real Estate Asset Management Co. which manages a residential and an office REIT. “In a couple of years, we may face another good market, with demand outpacing supply, in which case we can probably charge as much reikin as before.”

Total gift-money income dropped by about half on average in March and April, when the majority of new tenants move in, from a year earlier, Ogata said.

Meanwhile, it’s a tenants’ market in Tokyo, as rent has dropped by as much as 15 percent since 2007, said Mikihisa Hirai, president of Tokyo-based Atlas Partners Japan Ltd., which owns more than 2,000 apartments in Nagoya, Osaka and Tokyo.

“In order to attract new tenants, owners would rather forget the gift money, especially when properties are owned by funds,” he said. “Investors can no longer count on reikin.”

http://www.bloomberg.com/news/2010-09-27/tokyo-landlords-lose-century-old-gift-money-as-rents-fall-to-12-year-low.html