柏のALT偽装請負:英語授業7月再開 役割分担明確化 /千葉

柏市立の小中学校全61校で英語を教えていた外国人指導助手(ALT)について厚生労働省千葉労働局が違法な「偽装請負」と認定した問題で、是正を指導された柏市教委は28日、英語の授業を7月初旬に再開すると発表した。従来通りの業務委託契約だが、授業で外国人講師と日本人教師の受け持ち時間を区切り、教師からの指示命令をなくすことで違法状態とならないようにするという。

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Groups push for better refugee treatment

Organizations supporting people seeking asylum in Japan urged the government Monday to improve the treatment of refugees at immigration control centers, two of which have seen hunger strikes by detainees this year.

The groups, including Amnesty International Japan, say the Justice Ministry’s policies, including mandatory detention of asylum seekers and long periods of detention without clear deadlines, are major problems that need to be fixed immediately.

The immigration authorities should also provide a better living environment as well as medical treatment for asylum seekers, whose stress levels increase the longer they are in detention, they said.

“These issues need to be solved, not just for the benefit of my clients. The situation is also an embarrassment for Japan,” lawyer Takeshi Ohashi said at the Foreign Correspondents’ Club of Japan.

Ohashi has represented numerous people seeking political refuge in Japan.

Although a council affiliated with the government will inspect immigration detention facilities starting in July, Ohashi stressed that an environment where nongovernmental organizations can work closely with them should be secured so the council can function as an effective third-party surveillance authority.

According to Hiroka Shoji of Amnesty International Japan, two detainees committed suicide, in February and April, at the East Japan Immigration Control Center in Ushiku, Ibaraki Prefecture. In March and May, outbreaks of tuberculosis were confirmed there and at a facility under the jurisdiction of the Tokyo Regional Immigration Bureau, she said.

http://search.japantimes.co.jp/cgi-bin/nn20100601a6.html

授業時間を外国人と分離 柏市の指導助手事業再開へ

柏市立小中学校の外国語指導助手(ALT)事業が千葉労働局から是正指導を受け、中断している問題で、市教育委員会は28日、日本人の教員と外国人で担当の授業時間を分ける方法を導入し、7月から業務委託方式で事業を再開すると明らかにした。

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‘Japanese way’ costs $190,000

The boss of a multi-national English language school in Auckland has been awarded $190,000 after an employment tribunal dismissed claims he was used to being treated “the Japanese way”.

David Page was stripped of his job as regional director of GEOS New Zealand at a conference in 2008 and demoted to head of the company’s Auckland language centre.

In April last year, he was fired by email after being given “one last chance” to make the school profitable.

Page launched an unfair dismissal claim against GEOS, which comes under the umbrella of the GEOS Corporation founded by Japanese businessman Tsuneo Kusunoki.

But the company responded by claiming that Page “accepted understanding of the ‘Japanese way’ of doing business”. They went on to say he was used to Kusunoki “ranting”, “berating” and “humiliating” people “so this was nothing new”.

But the Employment Relations Authority said the company’s failings were “fundamental and profound”.

Member Denis Asher said the final warning was “an unscrupulous exploitation of the earlier, unlawful demotion”. He said: “A conclusion that the ‘Japanese way’ already experienced by Mr Page was continuing to be applied is difficult to avoid.”

Page, an Australian, started with the company as general manager for GEOS Gold Coast, Australia, in July 1999.
CCID: 31622

He moved to Auckland in March 2006, to take on the role of regional director. He was informed of his demotion at a regional conference in Thailand in November 2008.

Four months later he received a final warning that if the Auckland language centre was not in profit by the end of May his employment would be terminated.

Asher also said “an entirely unfair, unilateral process was applied” by the company in the decision to dismiss Page.

Page was awarded $55,000 for loss of income, $21,000 for hurt and humiliation, and $31,849.99 for long service leave. The total amount, including superannuation, under-payment of salary, holiday pay and bonuses came to more than $190,000.

The parent company, GEOS Corporation, went bankrupt in April owing $121 million. The New Zealand branch has been taken over by New Zealand Language Centres Limited. They refused to comment last night.

http://www.nzherald.co.nz/education/news/article.cfm?c_id=35&objectid=10648373

More nonregular workers out of jobs: ministry

A total of 277,674 nonregular workers at 5,252 businesses will have lost or are expected to lose their jobs from October 2008 to this June, a labor ministry survey indicated Friday.

The figure, including people whose contracts with manpower agencies were not renewed, is up 2,660 from the previous survey taken in April, the Health, Labor and Welfare Ministry said.

But a ministry official said things have improved.

“Employment conditions for nonregular workers have stabilized” compared with past periods when companies terminated contracts for dispatch workers, the official said.

By prefecture, Aichi, where the heart of the domestic auto industry is based, remained at the top of the list with 45,355 nonregular workers who have lost or are expected to lose their jobs, followed by Tokyo with 16,581 and Shizuoka with 11,342.

The survey was compiled with data available as of May 19.

http://search.japantimes.co.jp/cgi-bin/nb20100529a3.html

Japan must become ‘immigration powerhouse’

The size of a country’s population is a fundamental element of its government, economy and society. If the population keeps shrinking, it is self-evident that the nation’s strength will wane, the economy will shrink and the survival of society will be threatened.

Three elements contribute to demographic changes: births, deaths and migration across national borders.

In the face of Japan’s population problem, the government has focused on measures for boosting the birthrate. Huge sums of money have been poured into programs such as child allowances to help people raise children.

But will the nation’s population start growing just by continuing with these measures?

My view is that a low birthrate is unavoidable as a civilization matures.

Other industrially advanced countries have also turned into societies with low birthrates as they have matured. Advancements in education, increased urbanization, the empowerment of women and diversification of lifestyles also exemplify the maturity of a society.

Japan, a mature civilization, should expect to experience a low birthrate for at least the foreseeable future.

Even if the government’s measures succeed in increasing the birthrate sharply and cause the population to increase, any era of population growth is far away and will be preceded by a stage of “few births and few deaths,” where there are declines in both birth and mortality rates.

Accordingly, the only long-term solution for alleviating the nation’s population crisis is a government policy of accepting immigrants. Promotion of an effective immigration policy will produce an effect in a far shorter time period than steps taken to raise the nation’s birthrate.

We, the Japan Immigration Policy Institute, propose that Japan accept 10 million immigrants over the next 50 years.

We believe that to effectively cope with a crisis that threatens the nation’s existence, Japan must become an “immigration powerhouse” by letting manpower from around the world enter the country.

By allowing people from a wide variety of racial and cultural backgrounds to mingle together, a new breed of culture, creativity and energy will arise, which will surely renew and revitalize Japan.

If this proposal is implemented, the 10 million immigrants, most of whom will be young workers, will lessen the burden on young Japanese in funding social welfare programs for the elderly. The new immigrants will be “comrades,” not competitors in tackling the challenges of a graying society and a declining population.

Young Japanese workers will need to join forces with the immigrants to weather these difficulties.

Encouraging the acceptance of immigrants will not only help Japan out of the population crisis. The immigrants will also serve as a driving force in converting this homogenous and uniform society into one teeming with diversity, where a galaxy of talented people will interact to create a vigorous multiethnic society.

It also must be clearly stated that if Japan hopes to benefit by throwing its doors open to immigrants, it must become a place where immigrants have sufficient opportunity to fulfill their dreams.

Analysts at home and abroad have often declared the “sinking of Japan” because of its passivity over reform, but there can be no denying that transforming Japan into an immigration powerhouse should be the ultimate goal of any reform agenda.

If this country dares to implement the immigration policy we envision, the world will surely welcome the opening of this country’s doors to immigrants as a “revolution of Japan.” This, I believe, will boost the presence of the nation in the international community.

This is the “making of a new nation” that could develop into a change as radical as the Meiji Restoration.

The grand, revolutionary task of transforming Japan cannot be achieved without ambitious men and women in their 20s and early 30s, people like Sakamoto Ryoma and Takasugi Shinsaku at the end of the Edo period (1603-1867).

With this in mind, I plan to establish a school in July for young people to discuss what a desirable immigration policy should entail.

I hope this will help foster leaders for the Heisei era (1989- ) that will carve out a future for Japan.

Sakanaka, former head of the Tokyo Regional Immigration Bureau, is executive director of the Japan Immigration Policy Institute.

http://www.yomiuri.co.jp/dy/columns/commentary/20100526dy01.htm

Top managers ordered to pay for employee’s death from overwork

The operator of major restaurant chain Nihonkai Shoya and its four top managers were ordered Tuesday to pay about 78.6 million yen in damages to the parents of an employee who the court recognized as having died of overwork in 2007.

The decision by the Kyoto District Court was the first to find the top management of a major business corporation liable to pay damages in a suit involving the death from overwork of an employee, said lawyer Tadashi Matsumaru, the plaintiffs’ legal agent and a member of a group of lawyers involved in such suits.

The parents of Motoyasu Fukiage, who died at age 24 while employed at Nihonkai Shoya’s outlet in Shiga Prefecture near Kyoto, had filed a 100 million yen damages suit against Daisyo Corp. — a Tokyo-based listed firm — and its President Tatsu Taira and other managers.

Presiding Judge Shinichi Oshima said Daisyo had failed to properly take account of its employees’ working hours, noting that it set salaries under the premise that employees would work 80 hours of overtime a month, equivalent to the government criteria to designate death from overwork.

The three-judge panel also found that Fukiage died of heart disease caused by his duties, noting that he continued standing for long hours every day and suffered from huge physical strain.

Fukiage worked at a Nihonkai Shoya outlet in Shiga Prefecture after joining the company in April 2007. He died in August that year from acute heart failure while sleeping at home, after working on average 112 hours of overtime per month for a four-month period, the court found.

His death was recognized as related to work in December 2008 by the Otsu labor standards inspection office.

Founded in 1971, Daisyo operates some 980 outlets across Japan of such restaurant chains as Shoya, Nihonkai Shoya and Yaruki Chaya. Its stock is listed on the Tokyo Stock Exchange’s first section.

After hearing the decision, Fukiage’s father Satoru, 61, told a press conference he does not want money but wants his son back.

Daisyo said it would offer condolences again over Fukiage’s death and would look into the court decision fully before deciding whether to file an appeal to a higher court.

http://mdn.mainichi.jp/mdnnews/news/20100525p2g00m0dm033000c.html

Immigrants can buoy Japan

Japan is unique among economies that are highly developed and in demographic decline in having so few immigrants. In fact, even European states that are in much better demographic condition also have large numbers of foreigners and recently naturalized citizens in their labor force.

The domestic economic advantages of a more open immigration policy are well documented. What is less understood is how it can be used as a foreign policy instrument. If Japan were home to several million guest workers, the country would become the lifeline of tens of millions of individuals back in their homeland who would benefit from the remittances of their relatives in the archipelago. Its economic role in the lives of some of these countries would become second to none. Many individuals would start to study Japanese, in the hope of one day working in the country. Familiarity with Japan and its culture would also rise dramatically in these nations.

Immigrants would also gradually provide Japanese businesses with a pool of truly bicultural and bilingual employees whom they could hire and use to develop their overseas activities. Japanese universities would gain researchers who are not only well-trained but also better able to participate in international scientific projects and symposiums. Bringing qualified teachers from countries such as the Philippines and India could give Japanese students, for the first time in their lives, the experience of learning English with instructors who actually know the language fluently (unlike many Japanese who teach English) and who are trained to teach (as opposed to the many Westerners in “English conversation schools” whose blue eyes and blond hair are frequently their only qualifications).

All of these changes would benefit not only Japan’s economy but also its ability to be heard in the world. Thus, immigration is one of the most important tools Japan has if it wishes to build a new Asia where Japan will be at the center rather than the periphery.

http://search.japantimes.co.jp/cgi-bin/eo20100520a1.html

Telling the other side of the Geos story

Thank you very much for printing the story regarding the Geos bankruptcy. As a former Geos teacher, I was glad to see that you told the other side of the story, as other media had made it appear that there weren’t any problems because G.communication had taken over the company in advance. This is not true.

I chose not to sign the vague contract with the new company, for the same reasons as the teacher mentioned in the article, and because I was due to leave the company in a matter of weeks.

I had been employed with Geos for more than 10 years when they declared bankruptcy in April. I had given the required four months’ notice and was due to leave the company in May, but had offered to extend my employment to help the school as they were having trouble finding teachers.

As I was on a very old-style contract, I was due a leaving allowance of ¥1 million — which I lost — in addition to April’s salary. I have also had to fight to be allowed to stay in my apartment until the end of the month, despite the fact I had paid May’s rent directly to the landlord.

Many teachers signed the new contract as they were worried about being left homeless and visa-less with no money in a foreign country. A letter in Japanese was sent to staff who chose not to sign the contract saying that the documents required to claim the unpaid salary would be sent by May 15, and that teachers should be out of their apartments by that date. As many ex-teachers are already having to leave the country, there is no way that they will be able to make a claim.

In the school where I used to teach, the instructor who replaced me left after only a few days’ teaching, and the other teacher is due to work until only the end of May. However, the students are not being told about this when they sign and agree to continue their lessons, losing the right to a refund if they cancel their contracts. Students who do not want to continue under these conditions are being told that they will not be able to obtain a refund.

I agree with the article that the large eikaiwa school models are on their way out. In the area where I live, smaller schools that allow students to pay monthly are seeing an increase in students.

I hope that you will continue to print articles showing the other side of the story.

http://search.japantimes.co.jp/cgi-bin/fl20100525hs.html