Tozen

Tozen reaches deal with Shane over union-busting wages

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TOKYO – The Tozen Union has successfully reached a settlement with Shane Corporation at the Central Labor Commission, resolving a long-standing dispute regarding wage discrimination against union members who participated in industrial action.

The Core Dispute

The conflict originated when three union members were awarded significantly smaller pay raises than their colleagues. The Tozen Union filed a complaint with the Tokyo Labor Commission, alleging that management had unfairly targeted these individuals for their participation in strikes.

The investigation revealed that Shane Corporation had categorized strike days as “absences,” a metric that heavily influenced the calculation of annual wage increases.

Commission Rulings and Appeals

In its initial ruling, the Tokyo Labor Commission found in favor of the union, determining that penalizing employees for engaging in protected labor activities was unlawful. The company was ordered to:

  • Reimburse the members for lost wages.
  • Adjust their current salary levels to reflect what they would have earned without the penalty.

Shane Corporation initially appealed this decision to the Central Labor Commission, the higher appellate body for labor disputes in Japan.

The Final Settlement

During the appellate proceedings, the Central Labor Commission mediated a deal between the two parties. To avoid a formal verdict from the higher commission, Shane Corporation agreed to a settlement that satisfies the union’s primary demands.

Settlement Terms:

  • Full Back Pay: Management has completed the reimbursement of lost wages to all three affected members.
  • Wage Normalization: The company will permanently adjust the members’ wages moving forward to ensure parity with their peers.
  • No Final Verdict: By accepting the settlement, management avoids a formal legal precedent being set by the Central Labor Commission, while still fulfilling the corrective actions.

The Tozen Union has signaled this as a victory for the right to strike, reinforcing the principle that legitimate labor actions cannot be used as a basis for financial retaliation.

Tozen fights back against Gaba’s vicious penalties

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On Monday 4th December 2023, members of Tozen’s Gaba local took to the streets to protest and fight for their wellbeing.

The video below includes speeches from organiser Louis Carlet, Gaba local President Musashi Sakazaki, and Gaba local General Secretary Mitch Brown.

 

Mainichi Shimbun cover Tozen’s fight for 10% pay rise

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Article written by 東海林智, and originally featured here.

「10％以上の賃上げを」非正規労働者ら、春闘に向け団体設立

非正規労働者らを多く組織する個人加盟が中心の労働組合や地域労組が4日、2024年春闘へ向けた共闘組織「非正規春闘実行委員会」を設立した。物価高による生活苦が社会に広がる中、一律10％以上の賃上げを方針に掲げた。実行委は「一人でも賃上げを求め声を上げることはできる。一緒に賃金を上げよう」と呼びかけた。

Read more

Tozen Daigaku: Civil Service Trade Union Rights (Fiscal Year Appointee System)

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In April of 2020, the Japanese government amended local civil service law, reclassifying direct hire ALTs at public schools as “fiscal year appointees.” This so-called reform stripped these ALTs, and all others who labour under the new classification, of their trade union rights. Fiscal year appointees in the new system can no longer demand collective bargaining, conclude agreements with management, or enter into labour disputes. As a result, our ALTs who work for the Tokyo Board of Education were stripped of their right to collective bargaining.

2020年4月、日本政府は地方公務員法を改正し、公立学校において直接雇用されているALT講師を「会計年度任用職員」に再分類しました。 この変更は、これらのALT講師と、新しい分類の下で働くすべての労働者から労働組合の権利を剥奪するものでした。この新しい制度の下では、会計年度任用職員は団体交渉を要求したり、経営陣と協定を締結したり、労働争議をすることができなくなります。その結果として、東京教育委員会に勤務するALT講師は団体交渉権を剥奪されました。

Tozen Union is fighting back.
東ゼン労組はこれに闘います。

私たちの闘いの応援と、寄付をお願いします！
Please support our fight and donate:
https://www.call4.jp/info.php?type=items&id=I0000116

Tozen Gaba Workers Union steps up dispute for higher wages, against forced registration

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Tozen Union and its local Gaba Workers Union protested today (Tuesday, July 18, 2023) in front of language school Gaba’s Fujisawa Learning Studio.

A dozen teachers braved searing heat on the streets of Fujisawa, demanding a 200/yen per lesson raise and that Gaba stop pushing instructors to register as an “invoice-issuing business.” The language school does this to shift a new tax burden onto its low-paid teachers who would have to pay consumption tax they are currently exempt from paying. The company threatens lower pay and even firing to those instructors who fail to comply.

The company already treats instructors as private businesses on gyomu itaku contracts in order to avoid all obligations under labor law. The company claims to outsourceg its main business – teaching English. It’s not clear then what Gaba does as its business.

Gaba instructors have not had a raise since 2008, and and need one now more than ever due to recent inflation.

For more info on how to support us, contact union rep Louis Carlet at tozen.carlet@gmail.com.

Tozen Daigaku: How bosses screw with your work hours! 東ゼン大学：会社による労働時間制度変更時の注意点！

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Attorney Kinoshita Tetsuro talks us through various changes to the work hour system.
木下徹郎弁護士によるに労働時間制度の様々な変更点について。

Overview of the working time system(日本語)
労働時間制度の概要

Tozen organiser interviewed by scientific journal, Nature

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In the article ‘I feel disposable’: Thousands of scientists’ jobs at risk in Japan, about universities terminating workers on fixed-term contracts, Tozen organiser Louis Carlet was interviewed and gave an explanation on how universities have responded to the 5/10-year rule.

Read the full article here

May 27, 2022, Interac Protest

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In May 2021, Tozen Union entered into a labor dispute with Interac.  Interac has failed to make progress on workplace safety and improved wages.  They refuse to provide our union with basic financial information justifying their refusals.  They then retaliated against Tozen by firing our member last month.

Our campaign to improve working conditions at Interac is important not just for ALTs , but for students and Japan’s education system.  In addition, this has now become a campaign to defend our right to strike at Interac.

We are here to stay. Our Interac members will not give up the fight.

東ゼン大学 – 契約形態でやられちゃった。Tozen Daigaku – Work contracts, and how companies screw you.

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Tozen’s Louis Carlet delves into different types of Labour contracts, and discusses their pros and cons.

講師: ルイス・カーレットとオレン・フランクハム
Presented by Louis Carlet and Orren Frankham