Are university teachers in Japan covered by the ‘five-year rule’?

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By Louis Carlet (Hifumi Okunuki is off this month):

My colleague Gaetan and I recently presented a seminar on the “five-year rule” to a group of Francophones at an event hosted by the Francais du Monde — Association Democratique des Francais a l’Etranger (French of the World — Democratic Association of French Abroad).

Gaetan had prepared an organized lecture, with charts and translations projected onto the wall behind him. We worked to convince the attendees that next year they could use the so-called five-year rule to become permanent employees if they had served more than five years in fixed-term contracts. Many of them were university teachers.

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Job-Juggling in Japan: A Risky Stunt with No Safety Net

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Job-juggling in Japan: a risky stunt with no safety net

Mid-April 2009. Tokyo.

Teaching English part-time at Berlitz Japan. Teaching English writing part-time at NHK Bilingual Center. Translating freelance for NHK. Translating part-time at the Agency for Cultural Affairs. Executive president of Berlitz General Union Tokyo (Begunto). Working part-time as a union organizer at the National Union of General Workers. Covering for a hospitalized full-time organizer at the same union. Working as an intern at Solidarity Network with Migrants Japan (Ijuren) in the hope of getting hired there.

The above is a list of jobs, both paid and unpaid, that my activist friend Catherine Campbell worked simultaneously back in mid-April 2009. How could she possibly have held down so many jobs without collapsing under the pressure?

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The cost of convenience in Japan: when foreign students work instead of study

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It’s midnight at the convenience store I often patronize near my home in Tokyo’s central Shinjuku district. The store’s open all day and night, 365 days a year.

There is one man I’ve seen quite a bit of lately — behind the counter, stocking shelves, carrying heavy boxes, cleaning, cooking food, ringing up purchases, barristering, giving out raffle tickets, and always using polite, respectful Japanese, from irasshaimase (welcome) to arigato gozaimasu (thank you very much).

Once, he ran down the street after my husband, who had just left the store. It wasn’t because this customer had shoplifted. God forbid. No, his addled brain had simply forgotten to collect the change (about ¥40), and this superclerk thought it right to leave his post and bolt down the street to hand it to him.

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Shane and Union busting.

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Shane Workers Union (SWU) started in 2012.
SWU is currently negotiating for job security, better pay and health insurance (for those who want it).
In 2014, Shane management unfairly dismissed a member of SWU for leaving the workplace during his break time. In solidarity, the members voted and declared a strike after attempts to resolve the matter in collective bargaining failed. Following the first strike action in autumn 2014, two part time members had their work withdrawn and other members reported harassment by management.

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Overtime deal marks total capitulation by labor

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KYODO

Full disclosure: I am the president of Tozen Union. Last October we joined the Japanese Trade Union Federation, known as Rengo.

It is therefore with a heavy heart that this month I lambaste Rengo’s recent decision to agree to a policy I believe will endanger the health and lives of workers in Japan. Criticizing our own tribe is never easy and leaves a sour taste, but if we cannot criticize ourselves, we have no right to criticize others.

Those who read my column know well that one of Japan’s most dire labor problems is the practice of working from early morning until late at night. Long hours can and do kill.

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労働組合は「過労死」の増産に手を貸すのか？ ～「残業上限月100時間」という狂気

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KYODO

レイバーペインズを読んでくださっている皆さんなら、日本の労働問題の最たるものが「長時間労働」、「過労死（自殺）」であることは重々承知だろう。にもかかわらず、ことあるごとに、労働法は時代遅れだとして、労働法の規制緩和をどんどん推し進めてきたのが他ならぬ現在の安倍政権なのだが、その安倍政権がなぜか去年から、残業時間の「上限」を法律で定めるべきだと主張し始めた。

このことは、政府がこれまでのバリバリの「規制緩和」から、「規制強化」路線へ180度方針転換したのか、とずいぶん騒がれたが、疑い深い私は、これには裏があるにちがいない、という気持ちが拭い去れなかった（このことは、2016年12月25日のLabor Painsでも述べている）。安倍首相は現在の財界トップである榊原定征（さかきばら さだゆき）経団連会長と親密な関係であり、自らの外遊にも連れていき、世界各国で日本企業を首相みずからが“トップセールス”するのだと自慢げに言っている。安倍首相が、自分の大切な「お友達」が多い経済界の締め付けを強めるようなことを本気でやるとはとても思えなかったのだ。

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Teachers claim dismissals were invalid in suit against Shane English School

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Chris Beardshall (left), Louis Carlet and Adam Cleeve, members of the Zenkoku Ippan Tokyo General Union, hold a news conference Thursday at the labor ministry after Beardshall and Cleeve filed a lawsuit against Shane Corporation Ltd. | DAISUKE KIKUCH

Two British language teachers who worked for Shane English School Japan filed suit Thursday against the school’s operator Shane Corporation Ltd., claiming that their dismissals were unfair and invalid.

Chris Beardshall, 46, and Adam Cleeve, 44, demanded that Shane pay their monthly salaries until the day of the case’s final judgment. The two were hired on fixed-term, one-year contracts, with annual renewals possible.

Beardshall said he joined Shane in 2003 and that he was dismissed as of Dec. 31, 2016, after refusing to sign a contract that included a drastic pay cut.“Shane decided to cut my salary by two-thirds … yet they know I have a wife and a child,” Beardshall said during a news conference held Thursday at the labor ministry

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Japanese need to take more leave, starting with when beloved pets pass

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Expedia Japan recently released the results of an annual survey that corroborates the stereotype many folks have of the Japanese worker: In short, their work is endless and breaks are few and far between.

The travel company site surveyed 9,424 adults from 28 countries about paid holidays. You can see the full results here: bit.ly/yasumiheta.

But let’s back up a bit first. The Abe government has tried desperately to drive home policies to reform how we work, with the aim of offering an escape from the “worker bee” mode of labor. However, in the survey, Japan ranks dead last when it comes to the percentage of paid leave taken, at just 50 percent. So on average, Japanese workers take only half their allotted paid holidays.

Japan clinched the worst record on paid holidays by undercutting South Korea, which held the dubious title in 2014 and 2015, by just three points. In five countries or territories, workers took an average of all their paid holidays: Australia, Brazil, France (of course), Spain and Hong Kong, although the latter guarantees only 15 days by law, so it’s not as shining an example as the others.

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Tokyo court rulings chip away at labor unions’ right to free speech

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The Tokyo District Court handed down its verdict in the Fujibi case last February, with the Tokyo High Court upholding it in July. On both occasions, I couldn’t believe my ears. The courts ruled that labor union Zenrokyo Zenkoku Ippan Tokyo Rodo Kumiai (Tokyo Roso) had committed defamation and damaged the creditworthiness of Fujibi, a medium-size artwork printing company.

Articles 1.2 and 8 of Trade Union Law explicitly exempt labor unions from civil and criminal liability when conducting legitimate labor union activities. This has been broadly interpreted thus far to give unions extraordinary leeway to dish out harsh criticism of their employers, whereas normally such public criticism would constitute illegal (possibly criminal) defamation (meiyo kison) or obstruction of business (gyōmu bōgai). Consumer boycotts are illegal (possibly criminal), whereas strikes by workers are protected by the Constitution, even if they hurt the business.

So these courts ruled that Tokyo Roso’s actions were not legitimate union activities. What were the actions and what led to these verdicts?

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Worrying times for job security in Japan

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The year 2016 was no walk in the park for workers nationwide. At one extreme, we have Matsuri Takahashi, a 24-year-old worker who felt she had no other choice but to take her life as a result of overwork.

In October, the Ministry of Health, Labor and Welfare released its first ever white paper on karōshi (death from overwork). The fact that the ministry can publish such a paper is a chilling reminder of the cruelty of the country’s workplace environment.

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