Shingetsu News Agency

Bread & Roses 「同一労働同一賃金」―裁判所はどう判断している？ Japan’s same-work-same-pay law fails to live up to its promise

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Many laud Article 8 of the brand new Part-time/Fixed-term Employment Act as Japan finally recognizing the principle of same-work-same-pay. But one word in that article gave me pause: unreasonable.

The Part-time/Fixed-term Employment Act (enacted in April 2020 for regular firms and small businesses a year later), prohibits unreasonable treatment of employees on regular and irregular/contingent contracts. Article 8 stipulates, “The employer must not create a disparity that could be deemed unreasonable between the base pay, bonus and other conditions of short-term/fixed-term employees and ordinary employees, with due consideration to what could be deemed appropriate in light of the nature and purpose of the compensation as well as the details of the operations the worker is involved, the degree of corresponding responsibility, the details of the work duties, the potential for job changes of the two groups of employees and other circumstances. (Emphasis mine.)”

Disparities between contingent and regular employees are forbidden if they are unreasonable. Does that mean that reasonable disparities are fine? Let’s see what the courts are up to on this front.

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Bread & Roses: Do sex workers really have a choice?

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On March 30, 2022, NHK Web News ran a story on how women driven to financial hardship due to the corona pandemic are increasingly turning to sex work.  (https://www3.nhk.or.jp/news/html/20220330/k10013558231000.html)  

The report notes that sex workers’ “growing presence in busy urban neighborhoods has spurred police to take enforcement action but also to assign case officers to provide support and to accompany the arrested women to life consultant centers run by local governments.” The cops have begun to provide support for the women’s futures from a social welfare perspective, rather than just cracking down.

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Bread & Roses: Remote Jobs Upend Work-Life Balance

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SNA (Tokyo) — Remote work is no longer a remote concept. Since the start of the coronavirus pandemic, we have seen telework, work-from-home, and workations soar in the popular imagination, and indeed become a reality in many lives. The very meaning of work is undergoing a tectonic transformation before our eyes. So let’s look at telework’s oft-missed underbelly.

Top of any list of terrible Japanese work customs must come long work hours and unpaid overtime.

Below those come mad morning and evening rush hours with train cars packed up to 200% capacity with straphanging workers–sushi-zume (“sushi in a bento box”) or, as anglophones say, “packed like sardines.” The brutality of commutes in urban Japan have inspired commentators to commonly make a pun on the word tsukin (commuting) by replacing it with the phonetically identical, but spelled in kanji differently word tsukin (pain). Most of us have come to resign ourselves to the reality that rush-hour nightmares will never end, and we just have to suck it up.

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Bread & Roses: Pandemic Drives Women into “Nighttime Work”

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On November 16, the Tokyo Metropolitan Government announced the disciplinary dismissal of a 28-year-old school nurse for moonlighting as a sex worker for more than a year. 

Tokyo officials interrogated her after receiving an anonymous tip about her after-hours work. The primary and middle school nurse said she wanted to save enough money to live on her own in the city. The officials used the word menshoku (removal/dismissal from office) rather than kaiko (dismissal from employment) since she was a local government civil servant. 

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Bread & Roses: Osaka Rules Against Taxi Dispatcher for Transphobic Dress Code

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SNA (Tokyo) — We were told that the 1985 Equal Employment Opportunity Act (EEOA) marked the “dawn” of a new age for female workers in Japan. No more could employers blithely set up special marry-and-leave retirement systems for their female employees, a practice that had been considered perfectly legal. Several amendments boosted the reach of the law and wording revisions extended protection from gender discrimination and sexual harassment to male workers.

But, in many ways, Japan remains stuck in its old patriarchic ways. Bucking an international trend, Japan still prohibits same-sex marriage and post-nuptial couples must choose one surname, usually the husband’s (unless one partner is a foreign national). And the law retains the word “gender,” leaving unclear what if any protection is extended to LGBTQ workers.

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Bread & Roses: Should Progressives Celebrate Ibuski’s Hero Award?

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SNA (Tokyo) — On July 1, the US State Department cited Attorney Shoichi Ibuski as one of seven heroes in its 2021 Trafficking in Persons (TIP) report for his long years of work fighting for the rights of foreign workers caught up in Japan’s technical intern program.

The TIP report explained how domestic and overseas brokers continue to abuse this system, ostensibly to provide technical training to those from poorer countries, to exploit foreign workers. It went on to condemn the Japanese government for lacking the political will to investigate the system’s victims and provided them real protection.

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Bread & Roses: Overhaul Japan’s Immigration System

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SNA (Tokyo) — During a May 30 demonstration in front of central Tokyo’s JR Takadanobaba Station, my labor union, Tozen Union, called upon the Japanese government to overhaul its immigration system and to protect the human rights of foreigners.

We persisted despite a heavy downpour, joined by the two younger sisters of Wishma Sandamali, a 33-year-old Sri Lankan woman who died after medical neglect in a Nagoya immigration detention center.

Wayomi Rathnayake called on the Immigration Bureau to release all video, documents, and information related to her sister’s death. Japan’s immigration bureaucracy has a history of opacity and arbitrary treatment of foreigners. We demanded that the government guarantee foreigners’ right to life, regardless of visa status. We must not accept valuing some lives less than others, due to flukes of fate that determine citizenship and residence status.

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Bread & Roses: Covid, Not Olympics, Requires Our National Effort

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SNA (Tokyo) — I teach a weekly class on social security theory at a nursing college. When I read comments from the aspiring nurses, I can see their passion for alleviating human suffering, as well as for the class, which is gratifying as a teacher.

The Covid pandemic that has spread over the globe over the past year has impacted medical facilities the most. Tokyo recently declared its third state of emergency, as the daily toll of new patients sometimes exceeds 1,000 people. Japan doesn’t restrict people’s movement as in a mandatory lockdown; the state of emergency means only that restaurants and department stores close an hour earlier than usual, and restaurants serve fewer alcoholic beverages.

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Bread & Roses: Needless Death of a Sri Lankan Detainee

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SNA (Tokyo) — “Japan is safer than other countries; the Japanese are kind; the streets are clean; and it’s easy to live here.” I hear foreigners say these things. But I also hear it from Japanese who have never lived abroad. The mainstream media’s Nippon Sugoi! campaign is working, perhaps, but it’s not far off from the nation’s general reputation. But read on: The current reality may blow your image of my country to smithereens. Can such a thing be happening in Japan in 2021?

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Bread & Roses: Osaka Court Overturns Welfare Cut

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SNA (Tokyo) — A Japanese court overturned a welfare reduction for the first time ever on February 22, 2021. The Osaka District Court ruled against the government’s 2013 public assistance reduction of ¥67 billion (US$632 million), marking the first court win for the Inochi no Toride litigation campaign, involving more than 1,000 plaintiffs in 29 prefectures around Japan.

Attorney Tetsuro Kokubo, deputy head of the defense team, said, “This is the first time in my long career as a lawyer that I cried when I heard the verdict.” The comment poignantly conveys the challenges of fighting state power.

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