Labor standards office to rule Chinese trainee at metal plant died of overwork

by

A local labor standards inspection office [in Ibaraki Prefecture] is set to recognize the death of a Chinese trainee at a metal processing factory was caused by overwork, officials said.

This will be the first time that the death of a foreign vocational trainee in Japan has been recognized as a work-related accident, according to a liaison council of attorneys working on issues related to foreign trainees.

Jiang Xiaodong died of heart failure at the company residence of Fuji Denka Kogyo in Itako, Ibaraki Prefecture, in June 2008 while employed at its factory under a government-backed training program. His bereaved family filed a petition with the Kashima Labor Standards Inspection Office in August last year for compensation for a work-related accident.

The labor office has confirmed that Jiang worked up to 98 hours of overtime a month between March and May 2008. Moreover, the office has found that the company forged his payroll book based on a false time-clock card, destroyed relevant documents and failed to pay him some overtime wages.

The office then concluded that Jiang died from overwork resulting from working excessively long hours in violation of the Labor Standards Law. It has also sent an investigation document on the company’s 66-year-old president to prosecutors, accusing him of violating the Labor Standards Law.

The president denied that the victim’s death was a result of overwork. “He underwent a health check in April 2008, and we paid due attention to his health. We had him work overtime on his request. We don’t think his death was a work-related accident.”

Shoichi Ibusuki, an attorney for the bereaved family [and special guest at Tozen’s 2010 Convention], emphasized how common such cases may be, saying, “It’s difficult to file a petition for compensation for a foreign trainee’s death as a result of a work-related accident because we can’t easily contact bereaved families. The latest case is the tip of the iceberg.”

Approximately 87,000 foreign nationals have undergone vocational training in Japan under the government-backed program, some 65,700 of whom are Chinese.

Until the revised Immigration Control and Refugee Recognition Law came into force this month, trainees had not been recognized as workers — to whom the Labor Standards Law applies — during the first year of their training. Therefore, they were forced to work for extremely long hours at unreasonably low wages.

In fiscal 2008, a record 34 foreign vocational trainees died while they were in Japan, according to the Japan International Training Cooperation Organization. Of them, 16 died of brain or heart ailments allegedly caused by working too long — 2.5 times more than a year earlier.

http://mdn.mainichi.jp/mdnnews/news/20100703p2a00m0na014000c.html

Chinese intern death in Japan ‘very likely’ due to overwork

by

A Chinese intern employed in Japan under a government training program “very likely” died because he had been overworked, labour officials said Friday.

The 31-year-old man worked at a metal processing firm in Ibaraki prefecture, northeast of Tokyo, and died of cardiac arrest in June 2008 after working more than 100 hours overtime the month before.

The government program has long been criticized for the ease with which it can be used for labour exploitation, and lawyers said it was the first such death to be recognized as a result of overwork, but likely only the tip of the iceberg.

Japan has strict immigration rules, but some companies, especially in manufacturing, have used a loophole to bring in low-wage foreign workers on “training” schemes under the foreign assistance program.

Amid rising concern over abuses under the scheme, a government body announced last year that a record 34 workers from Asia, mainly Chinese nationals, had died in Japan in the year to March 2009 alone.

“This is a case very likely to be recognized as ‘karoshi’ (overwork death),” said a spokesman for the area labour office, adding the case was filed with prosecutors against the company Fuji Denka Kogyo and his 66-year-old boss.

Last year the Japan International Training Co-operation Organization, which oversees the nation’s training programs, said of the 34 deaths in the year to March 2009 that 16 died of heart and brain ailments, five died in workplace accidents and one committed suicide.

Some 190,000 foreigners — mainly from China, Indonesia and the Philippines — are currently believed to be in Japan on government training programs.

Lawyer Shoichi Ibusuki, a member of a legal group that has represented trainee workers in cases of alleged abuse [and special guest at Zenkoku Ippan Tokyo General Union‘s 2010 Convention], said that the foreign trainees are being exploited by Japanese companies.

Many of the trainees work on assembly lines, mainly in the textiles, food processing and machinery sectors.

Japan has one of the world’s lowest birth rates, but it has so far rejected allowing large-scale immigration of unskilled workers.

http://www.vancouversun.com/news/Chinese+intern+death+Japan+very+likely+overwork/3227865/story.html

Foreigner suffrage, separate surnames stir passions in poll runup

by

Whether to grant permanent foreign residents voting rights for local-level elections and allow married couples to keep their respective surnames have become contentious issues ahead of the July 11 Upper House election.

The ruling Democratic Party of Japan, which advocates the introduction of foreigner suffrage and separate surnames for married couples if desired, faces strong opposition from conservatives in the Liberal Democratic Party and small parties, including its own ruling bloc partner.

Aichi Prefecture voters, however, are puzzled by the conservatives’ fervor because the topics have yet to stir national debate.

“If we give foreigners the right to vote (in a disorderly manner), it would threaten Japanese tradition and national security,” said Hiroyasu Inoue, 62, of the city of Kariya.

A citizens group led by Inoue has called on assemblies to oppose foreigner voting rights. In response, more than 20 have approved written opinions or adopted statements either to object to such suffrage or to take a cautious approach. “We are closely monitoring each candidate’s opinion, regardless of the parties,” said Inoue.

The LDP and small conservative parties set out to oppose the ideas in their platforms, vying with the DPJ, which has liberal views on these issues. Some homemakers, who used to be the last to become involved in politics, now speak to people at the weekly rally of Inoue’s group held at Kanayama Station in Nagoya.

“The pride of this country that has been built up by the Yamato (Japanese) race must be passed down to our children, otherwise there will be no future for the country,” said Masahito Fujikawa, 49, an LDP-backed candidate [and apparent xenophobe] in the Aichi electoral district.

Fujikawa, 49, also spoke to an audience of about 200 at a rally staged by a women’s group in front of JR Nagoya Station in early June, drawing applause. Members of the group handed out leaflets to passersby while holding banners to protest granting suffrage to foreigners and allowing separate surnames for married couples.

Aiming to appeal to conservative ranks, small parties, including Kokumin Shinto (People’s New Party), which is still in a coalition with the DPJ, and Tachiagare Nippon (Sunrise Party of Japan), whose members bolted from the LDP and fear being overshadowed by the LDP and DPJ, are clearly demonstrating their conservative stance in the runup to the election.

Candidates from the major parties in the Aichi district, other than Fujikawa of the LDP, who are clearly against giving foreigners voting rights include Michiyo Yakushiji, 46, of Your Party.

Nobuko Motomura, 37, of the Japanese Communist Party, and Mitsuko Aoyama, 62, of the Social Democratic Party, meanwhile support foreigner suffrage because foreign residents pay taxes and are part of their communities.

The two DPJ candidates differ in opinion. “One option is to open the door for foreigners after having enough discussions,” said Yoshitaka Saito, 47, who is supportive, while Misako Yasui, 44, is against the measure.

Meanwhile, foreign residents expressed concerns in a divisive debate on foreigner suffrage. “Brazilian residents are not as interested in the voting rights as Japanese people see it as a problem,” said Hideo Alcides Tanaka, 49, of the Brazilian Association of the city of Toyohashi, Aichi Prefecture. He is concerned the debate over suffrage could become a political focal point that triggers a move to exclude foreigners from society.

“This is the issue of Japanese democracy and how Japanese think of living together with Korean descendants in Japan despite the history (of Japanese oppression). It is for the Japanese to decide how to handle the issues,” said Do Sang Tae, a Korean descendant and chairman of a nonprofit organization in Toyohashi.

http://search.japantimes.co.jp/cgi-bin/nn20100703cc.html

Health Checks – They’re mandatory! Interac ordered to obey the law

by

Cross-posted from the General Union in Osaka:

5 Jul 2010
Health Checks – They’re mandatory!
Interac ordered to obey the law

Industrial Health & Safety Act
For many westerners, the idea of a state mandated health check smacks of a nanny state, and we are often reluctant to submit to the tests. While not all companies obey this law, the fact remains it is compulsory for all employees to have an annual health check under article 66 of the act.

Read more

Foreign talent feeling gypped by top agency

by

Inagawa Motoko Office, one of the largest and oldest show business agencies catering to foreign performers in Japan, recently came under fire from some of its registered artists for not paying them in a timely manner for work they have done.

In recent interviews with The Japan Times, 10 people registered with IMO said those who do not ask the agency for money multiple times have no chance of getting paid, and there are many foreigners who have gone home unpaid.

All of the 10, five of whom asked not to be named because they don’t want to upset the agency, said they are registered with several other agencies but have no similar problems with them.

IMO is not violating any written contracts because the people it uses do not sign one that stipulates the timing of payment before each job, which range from ¥10,000 to ¥50,000 for a few hours of work or a full day.

Industry experts say there may be other agencies with similar delinquent payment practices, because many agencies are not well known. But the normal practice is to tell artists what they will earn in advance and to pay wages on time.

Louis Carlet of Zenkoku Ippan Tokyo General Union recommended that foreign artists unionize.

“If they unionize, they have collective bargaining power. They will have more strength,” he said, adding that even one person can join his union.

http://search.japantimes.co.jp/cgi-bin/nn20100629f2.html

Opening Japan’s Immigration Door

by

Buried in the government’s new growth strategy is a short section calling for an easing — albeit slight — in Japan’s ultra-tight immigration restrictions. It’s a small gesture, but symbolically significant for a nation that has been slow to open its borders, despite a shrinking native population.

The Kan administration hopes to “double the number of highly skilled foreign personnel” over the next decade, said the report issued Friday. That’s up from about 200,000 now.

An accompanying Justice Ministry report suggests specific policy changes to reach that goal, such as allowing those people to stay in Japan on special visas for five years — up from the current three — and to make it easier for them gain permanent residency status.

The goal, according to the Justice report is to “show the world what sort of highly skilled talent the country hopes to strategically invite.” Such an influx, it added, could: “increase productivity of industry, stimulate the labor market, and consequently, create new energy in the social economy and strengthen international competitiveness.”

Japan is one of the least immigrant-friendly developed countries in the world. In 2006, just 1.1% of Japan’s workforce (about 753,000) was made up of immigrants, highly skilled or otherwise, compared with 8.5% for Germany and 15.6% for the U.S.

http://blogs.wsj.com/japanrealtime/2010/06/23/opening-japans-immigration-door/

Workplace bans on beards raise hairy questions

by

In May, the city of Isesaki, Gunma Prefecture, banned all male municipal employees from sporting beards in the office on the grounds that public servants should look decent. The city took the action after some residents complained about its bearded workers.

In response to the news, the Internal Affairs and Communications Ministry said it had never heard of any municipality introducing such a rule.

Seven-Eleven Japan Co. is particularly strict about the appearance of its employees and says it won’t hire men with beards.

“We might fire workers growing beards regardless of whether they are regular staff or part-time workers,” a public relations official said.

Oriental Land Co., owner of the Tokyo Disney Resort, also bans beards, like its U.S. counterpart.

“It’s important that workers serving our guests maintain an immaculate image,” an official said. “But the rule doesn’t apply to the man playing the role of Captain Hook in our park.”

The manufacturing arm of razor maker Kai Corp. tests the quality of its products almost every month on its male workers. They grow facial hair until the monthly test date arrives and get back to work cleanshaven after the tests.

Some men take issue with the bans.

An employee of Japan Post Service Co. sued the firm to protest a pay cut imposed because of his beard.

In March, the Kobe District Court ordered the company to pay him ¥370,000 on grounds that a person’s appearance is a matter of personal freedom and a uniform ban on beards is unreasonable.

No regulations exist regarding facial hair in the world of sumo, the most tradition-bound of sports in Japan.

According to the Japan Sumo Association, some non-Japanese wrestlers have taken flak in the past because they tend to be more hairy than most Japanese and some fans found their bushy facial hair unseemly. By and large, not wearing a beard is a tacit rule.

The association, however, is rather flexible regarding the issue.

“We work in the world where luck counts a great deal, so some wrestlers don’t shave during a winning streak” because they fear it would change their luck, an association official said.

http://search.japantimes.co.jp/cgi-bin/nn20100622f1.html

Tozen ALTs Sue For Unpaid Wages

by

Yesterday, seven Zenkoku Ippan Tokyo General Union ALT branch members sued Japan Advanced Labor Agency head (and JALSS Representative Director) Muhammed Ali Muhammed Mustafa (AKA Max Ali) at Tokyo District Court for a combined amount of 1,943,760 yen in unpaid wages and transportation expenses contractually owed the members while they worked for Muhammed Ali Muhammed Mustafa at the Funabashi City and Saitama City Boards of Education. Union lawyer Ken Yoshida asks the court for a provisional injunction and includes a claim for interest also to be paid at a rate of 6% yearly on top the unpaid wages.

This lawsuit is in addition to the breach of contract suit already in progress at Tokyo District Court with Muhammed Ali Muhammed Mustafa with a claim approaching 3,000,000 yen from another Zenkoku Ippan Tokyo General Union Tozen ALT member. The member previously won a favorable judgement for this claim against Mr. Mustafa at the Rodo Shimpan Labor Tribunal.

Are you an Assistant Language Teacher?

Are you unable to make ends meet because of unpaid wages, unpaid transportation expenses and dubiously documented pay deductions?

Join Zenkoku Ippan Tokyo General Union Tozen ALTs and help us build a union at your company and BOE.

95% fear for Japan’s future

by

According to an Asahi Shimbun survey, about 95 percent of Japanese are worried about Japan’s future, while 62 percent say the nation is being rapidly overtaken by other countries.

Asked about their future vision for Japan, 51 percent said they hope to see a society that promotes economic wealth through hard work, while 43 percent said Japanese society should be one that achieves a relatively comfortable level of wealth without working too hard.

Seventy-three percent said they preferred a nation that is “not so affluent but has a smaller income disparity,” against 17 percent who chose “an affluent society but with a large disparity.”

Fifty-eight percent favored a large government offering full administrative services, such as social security, even at the cost of higher taxes, while 32 percent preferred a small government.

As for Japan’s role in the world, 39 percent said Japan should be a major player with more clout and obligations, while 55 percent said they did not think Japan should be a global power.

On accepting immigrants to maintain economic vitality, only 26 percent supported such a move, while 65 percent opposed.

http://www.asahi.com/english/TKY201006110455.html

RCS ALTs Declared to Management

by

Today, RCS members of the Tozen ALT Branch historically declared their union membership to RCS management and submitted a list of nine demands along with a call to the company to begin collective bargaining talks with Zenkoku Ippan Tokyo General Union on June 30, 2010 [rescheduled for July 16th, 2010 at company request].

The demands include:

Working Condition Demands 規範的部分 Kihanteki Bubun

1. Company eliminate temporary employment status for all members and recognize open-ended employment with no degradation to working conditions in order to give members job security.
会社は、全組合員の安定した雇用を実現するため、従来の労働条件を悪化することなく、有期雇用の雇用形態に拘らず期間の定めのない雇用を認める。

2. Company eliminate piecemeal wages and institute monthly guarantees for all union members with no degradation to working conditions.
会社は、全組合員の給料に対し、従来の労働条件を悪化することなく、出来高制を廃止し、月額保障の制度を認めること。

3. Company enroll all union members in unemployment insurance on the assumption of continued employment.
会社は、継続雇用を前提に全組合員を雇用保険を加入させること。

4. Company pay the actual transportation costs for the commute to and from work to all union members.
会社は、全組合員に対し、通勤に伴う交通費の実費を支払うこと。

Are you an ALT working for RCS?

Do you want to improve the working conditions of yourself and other teachers? Take the first step towards improving your quality of life by joining the Tokyo General Union today!