High Court Upholds Tozen Paid Leave Victory over JCFL

Tozen Union members working at Japan College of Foreign Languages won paid leave Wednesday in Tokyo High Court.  The school, operated by Bunsai Gakuen, had denied paid leave to teachers working on zero-hour contracts, claiming that intervals between one-semester contracts disrupt the continuity of their employment and therefore preclude any right to paid leave.

Tokyo High Court ruled that members Todd, Tim, and Mark’s employment is continuous, making them eligible for the legal minimum allotment of annual paid leave.  JCFL must pay for paid leave already taken plus interest.  The court upheld a November 2018 Tokyo District Court ruling.

Management has taken a hard line against Tozen Union and JCFL Workers’ Union in collective bargaining and is expected to appeal to the Supreme Court. The union members lost a claim that the school’s refusal to give a copy of its work rules constitutes power harassment.