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１１月の東ゼン大学は、均等法についてです。
講師には、加藤桂子弁護士にお越しいただきます。
２０２０年１１月１５日（日）１４：００〜YouTubeライブ配信します。
コメント欄にて質問も受け付けますので、ぜひご視聴ください！
Atty Keiko Kato will lecture on Equal Employment Opportunity Act Tozen Daigaku (YouTube livestream). We’ll take questions after the lecture, so ask us in the comments section.
2020年10月30日 東京
東京都労働委員会は10月28日、保育園を運営する株式会社ピアソンが東ゼン労組との団体交渉を拒否したことは、労働組合法第7条２号を違反する不当労働行為であると認定した。
昨年12月、校長である中村博一氏は、生徒の保護者と講師に対し、2020年2月16日をもって羽根木インターナショナルプリスクール（下北沢）を閉校することを発表した。講師たちにとっては、2ヶ月以内に失業するという通告でもあった。
組合側は、組合員の雇用を守るために団交を申し入れるべく、ファックスやメール、電話で数え切れないほど連絡を試みたものの、中村氏はそれらを無視し続けた。株式会社ピアソンによる団交拒否は、日本国憲法第28条で定められている、講師や組合の権利を侵害する行為である。
東ゼン労組はこの件について東京都労働委員会へ不当労働行為救済を申し立てたが、株式会社ピアソンは都労委からの電話にすら応じなかった。中村氏は従業員だけでなく、行政の連絡すらも応じず、最終的には都労委への調査期日には現れず、答弁書などの提出も一切なかった。
そして、組合員の生活に関しては、新型コロナウイルス感染症の流行は、学校閉校による解雇の影響をより一層悪化させた。
「まさにゴミのように使い捨てられました」解雇された講師の一人、アダム氏はそう言いました。「このコロナ禍で使い捨てられました。就職先はありません」
その一方、会社はまるで何事もなかったかのように活発にビジネスを続けている。
例えば、4月17日には、つくばインターナショナルナーサリースクール（愛称:TINS［ティンズ］）の新たなウェブサイトが公開され、4月27日にはアフタースクールのプログラムまで発表された。
東ゼン労組は直ちに新たに要求事項を提出し、団交を申し入れる。
私たちは、株式会社ピアソンを交渉の場に就かせ、アダム氏への未払い賃金を支払い、この危機的状況における社会通念に背いた行為の責任を取らせるために、今後も諦めずに闘っていく。
[Tokyo, October 30, 2020]
Preschool operator Pearson KK’s refusal to meet Tozen Union for collective bargaining (CB) violates Article 7.2 of Japan’s Trade Union Act, the Tokyo Labor Commission ruled Wednesday.
Last December, Principal Hirokazu Nakamura informed parents and teachers that Hanegi International Pre-School (in Shimokitazawa) would close on February 16, 2020. This meant teachers’ jobs would be gone in two months.
Nakamura ignored countless union faxes, emails, and phone calls trying to set up a CB session to save a union member’s job. Pearson’s refusal violates the teachers’ and the union’s rights under Article 28 of the Constitution
Tozen sued Pearson in the Tokyo Labor Commission, but the company ignored the commission’s calls. Nakamura refuses to face his employees and even his government. Pearson never turned up to a hearing or filed a piece of paper in their defense.
The Covid-19 pandemic worsened the impact of Hanegi’s collapse. “They put us out into the street like garbage,” Adam S, one of the fired teachers said. “Used us and threw us out into this horrible pandemic. There’s no work.”
Meanwhile, the company still runs a brisk business as if nothinghappened. Tsukuba International Nursery School rolled out a new website on April 17 and announced a new after-school program for their students on April 27.
Tozen Union will immediately issue a renewed demand for CB. We will not give up the fight to bring Pearson KK to the table, pay Adam S. his back wages, and take responsibility for its anti-social behavior during this crisis.
１０月の東ゼン大学は、皆さまお待ちかね、名誉毀損についてです！
講師には、指宿昭一弁護士をお呼びします。
講義のあとに質問タイムを設けますので、質問のある方はコメント欄にお願いします。
Atty Shoichi Ibuski will lecture on defamation Tozen Daigaku (YouTube livestream). We’ll take questions after the lecture, so ask us in the comments section. Check details below.
By: Veronika Danovich
When Shane Corporation teachers checked their payslips on Tuesday September 15, 2020, they noticed a new category listed as “Repayment.” Teachers at the language school had negotiated to stop the company from taking this dreadful action. In July, the school informed them of a surprise loan that had been imposed on them during Japan’s lockdown months, initially understood as salary. Since then, the company has made no effort to negotiate in good faith.
On August 28, newly elected teacher representatives met with Principal Alex Cox and Director Ian Holden. According to the minutes, “the average monthly deduction will be around 35,000 yen over 8 months” for teachers who were pushed into option 1 who could keep their paid leave but are required to pay back the salary that was paid to them during lockdown. Some teachers report being deducted upwards of 40,000 yen. Many teachers have expressed concern over illegal deductions made without their consent. They are also worried about the continued financial hardship they face with lower pay that will continue for 7 more paychecks.
Teachers pushed into option 2 were permitted to keep the salary that was paid to them; however they have lost most of their paid leave and were told to work 6-day weeks to make up the days they owe for when the company was under lockdown. Certain district managers have told option 2 teachers that if they do not finish making up the extra days by March 31, 2021, then they will also be deducted for the remainder of this odious debt. Some teachers feel this is a trap and that no matter what option they choose; they will still get their wages docked. Other teachers report that they make themselves available for 6-day weeks but are still given no extra work and are told that there are no lessons to make up in certain districts. They worry that even though they make an effort to comply with what the company dictates; they will still get deducted.
The two “options” as the company called it, were not options at all. Teachers were forced to choose one or the other and if they refused to choose, they were forced onto option 1. Japanese staff were given no options, were deducted before teachers were and will be docked for 6 more paychecks. Initially, teachers were told that they would be deducted 50% from their paychecks for two consecutive months which forced many panicked and stressed teachers to choose option 2 due to the fear of suddenly not being able to pay their bills and other necessary expenses. However, the company later decided the “repayments” would be divided between 8 paychecks. This decision came without sufficient notice as the deadline the company set to decide on the options they forced upon teachers had passed.
Some option 2 teachers have requested to be reclassified to option 1 due to this new information, but the company refused, citing the deadline. Option 2 teachers are now forced to work during holidays mandated in their contracts, which the company says does not count towards the days owed. Shane offers no additional pay. According to Shane’s General Directives and Guidelines for Teachers section 5.1; “Teachers will earn a daily bonus of ¥15,000 for voluntarily working on a non-scheduled day of work” The company chooses to ignore these rules for option 2 teachers.
Following the deduction, on Wednesday September 16, 22 teachers struck in response to the company’s actions. Teachers gathered in front of Shane schools in the Chiba and Saitama districts to hand out flyers to passersby and inform them about the treatment of teachers. “We did not consent to this” was written on one side of the flyers, while the other side provided public access articles and information detailing Shane’s actions regarding corona pay and taking away paid leave.
Union membership continues to increase with both Japanese and foreign staff. The union will not give up in their efforts to negotiate despite the company trying to delay and refusing any real discussion of union demands. We want to come to some kind of an agreement with management before escalating to further legal action. Shane needs to take these demands seriously and realize what they are doing is not ok by any legal or moral standards.
９月の東ゼン大学は、パワハラについてのYouTubeライブ配信講義！
今回も前回に引き続き、二人の講師をお招きします。
加藤桂子弁護士（法律）奥貫 妃文（判例）
講義の後に、YouTubeのコメント欄にて質問タイムを設けますので、是非ご参加下さい。
詳細と動画のリンクは下記をご覧ください。
Tozen Union Atty Keiko Kato and President Hifumi Okunuki will lecture on power harassment law and case law for our September Tozen Daigaku (YouTube livestream).
We’ll take questions after the lecture, so ask us in the comments section.
Check details below.
The Japan Times promised to call off planned layoffs in a deal signed Tuesday August 18 with Tozen Union and its Japan Times local chapter.
英字新聞のジャパンタイムズ社は、８月１８日(火)に東ゼン労組ならびにその支部であるジャパンタイムズ一般労働組合との間で、予定されていた整理解雇の中止を約束する協定を締結した。
In June, the paper had announced its intention to lay off 39 staffers, one third of the company’s workforce. This prompted a flurry of negotiations with Tozen Union, partnering with JT Labor Union, which represents 51 Japan Times regular staffers and is a member of Shimbun Roren (Japan Federation of Newspaper Workers’ Unions).
６月には、全従業員の３分の１にあたる３９名の従業員に対する解雇の旨が記載された文書が発行された。この文書をきっかけに、解雇発表時点で常勤職員の組合員５１名が所属していた新聞労連のジャパンタイムズ労組と連帯し、団体交渉を頻繁に行うようになった。
Negotiations broke down and Tozen members went on strike on July 22. The unions and management eventually agreed on a package that included voluntary retirement and secondments within the News2U family of group companies.
しかし、交渉は決裂し、東ゼン労組ジャパンタイムズ一般労働組合は７月２２日にストライキを決行した。最終的に両組合と経営側は、希望退職やNews2Uグループへの出向を含んだ条件に合意した。
“We’re relieved that management came to the table with something acceptable,” said union rep Gerome Rothman. “We are looking forward to resuming our historically good labor relations at the paper.”
「経営側が、私たちが受け入れられるような提案を交渉の場へ用意してきたことに安心しました。この協定によって、私たちの長年の良い労使関係を再開できることを期待しています。」
―東ゼン労組ジャパンタイムズ一般労働組合担当 ジェローム・ロスマン
“We consider this a victory for Tozen and JT Labor Union, though a qualified one”, said Chris Russell, president of Japan Times General Workers Union. “We are mindful of the many colleagues we are losing to the voluntary retirement program, especially Shimbun Roren members. The union will put this episode behind us and continue to fight for the survival and renewal of The Japan Times.”
「私たちは、これを東ゼン労組とジャパンタイムズ労組両者における勝利であると考えています。新聞労連の組合員を中心に、希望退職制度により失う多くの同僚たちを気に留めています。組合は、この事件に気を取られることなく、気持ちを切り替えて、ジャパンタイムズの存続と復興のために闘い続けます。」
―東ゼン労組ジャパンタイムズ一般労働組合執行委員長 クリス・ラッセル
On the morning of Friday August 21st a demonstration was held at Shane Corporation Kanda head office where most of management works. Thirty-three members of the Tozen Union gathered in front of the Shane building and protested Shane’s docking of wages and taking away holidays.
During the government lockdown, Shane told employees to stay home and promised to pay 100% of their salary. Memos sent to staff contained lofty rhetoric, such as, “Your integral importance in day to day operations at Shane cannot be overstated and we want to financially protect you during this very testing and challenging time.”
Weeks after the company resumed operations new memos were sent stating that most holidays would be taken away, and employees would have to provide free labor, working 6 days a week to “make up” for the days “missed” during the lockdown. Neither staff nor the union was consulted. Staffers were also told that the already paid salary was now a surprise loan to be paid back should they choose not to provide free labor.
Recently, Shane Workers Union membership tripled in size. Members include both foreign and Japanese staff. The company plans to dock instructor wages starting with the September paycheck. Salary deductions for Japanese staff have already begun. Twenty-nine teachers went on strike in solidarity.
At the protest, Shane employees were joined by members of allied unions: Posse, General Support Union, and other Tozen Union local chapters such as Oberlin Local, Begunto (Berlitz) and ALT local. Shane Corp. continues to refuse to hold in-person collective bargaining with the union. We hope to change this quickly and reach an agreement on union demands with Shane management.
The members of Shane Workers Union and many of the staff employees never consented to giving up their holidays, providing free labor or taking out any loans.
Orren Frankham, executive president of the Shane Workers Union, shouted through a megaphone at the protest: “You are taking our holidays; you are affecting the workers; you are making it harder for everybody! We call on you to negotiate with us! Negotiate with us! We have called on you multiple times for CB and you have ignored us!”
By: Veronika Danovich (member of Tozen Union)
８月の東ゼン大学は、セクハラについてのYouTubeライブ配信講義です。
今回は二人の講師をお呼びします。
加藤 桂子弁護士（法律）
奥貫 妃文（判例）
講義の後に、YouTubeのコメント欄にて質問タイムを設けますので、是非ご参加下さい。
詳細と動画のリンクは下記を御覧ください。
Tozen Union Atty Keiko Kato and President Hifumi Okunuki will lecture on sexual harassment law and case law for our August Tozen Daigaku (YouTube livestream).
We’ll take questions after the lecture, so ask us in the comments section.
Check details below.
The Tokyo Board of Education told Tozen Union they will not meet its ALT union for collective bargaining (CB). They also refused to respond in writing to the union’s request to negotiate.
Tozen Union previously enjoyed productive relationship with the school board, including talks last year. Today, the union dropped by on routine business, filing a request for bargaining and informing management of two new union members.
Two board representatives said they wouldn’t take the document because a change in the law had stripped direct-hire ALTs of their trade union rights. They refused even to put their refusal in writing and tried to force the union to take the documents back.
“We knew about changes in the law but also understood that boards of education across the country still negotiate and sign agreements with labor unions,” said ALT organizer Gerome Rothman. “We were surprised a school board would hide behind an unconstitutional law and treat their employees like strangers.”
The union refused to take the documents back and demanded an official written response by 5pm, next Thursday August 6.
“Our union has demands to protect the safety of ALTs working at schools during this pandemic. Board officials interrupted me when I explained the demands, saying ‘we don’t have to talk to you.’”