Tozen Union Scores Paid Leave Win Over JCFL

Tozen Union members Todd, Tim, and Mark won a crucial court victory Friday over Japan College of Foreign Languages (Bunsai Gakuen). The school had denied paid leave to the teachers who work on zero-hour contracts, claiming that intervals between the one-semester contracts disrupt the continuity of their employment and therefore preclude any right to paid leave.

Tokyo District Court ruled that their employment is effectively continuous enough to claim the legal minimum allotment of paid holidays. The court ordered JCFL to pay for the paid leave already taken, plus interest, and to put up 1% of the plaintiffs’ legal costs.

Management has taken a hard line against Tozen Union and JCFL Workers’ Union in collective bargaining and is expected to appeal to Tokyo High Court. The union members lost a claim that the school’s refusal to give a copy of its work rules constituted power harassment.

東ゼン労組JCFL(日本外国語専門学校)支部組合員であるトッド、ティム、マークは、学校法人文際学園 日本外国語専門学校(JCFL)を相手に、自らの有給休暇の権利を求め、裁判の場で闘ってきましたが、2018112日、東京地方裁判所は、原告勝訴の判決を下しました。なお、本件では、組合員に対して就業規則の付与を拒絶し、その場で書き写すことのみ許可するという対応がパワーハラスメントであるという主張もしましたが、こちらは認められませんでした。

 

学校法人文際学園は、講師の契約を1セメスター=5か月と設定し、契約と契約の間の期間を2か月空けることにより、契約は継続性を持たず、したがって、すべての講師には有給休暇の権利は一切発生しないという扱いをしてきました。16年勤続の組合員も、これまで有給は「ゼロ」だったのです。本判決では、たとえ契約と契約との間に2か月のインターバルがあったとしても、契約の継続性は認められると判断したのであり、大変重要な内容を含んでいます。同じような働き方をしている人たちにも、大きな影響を及ぼすものと思われます。

 

学園はこれまでと同様、控訴して徹底抗戦するでしょう。私たちも、団結の力を緩めることなく、これからも組合を挙げて闘い続けてまいります。

 

引き続き、みなさまの心強いご支援、ご指導を、どうぞ宜しくお願い申し上げます。

Japan College of Foreign Languages Local Conducts Recruitment Leafleting, Braves Illegal and Dangerous Management Harassment

JCFL Members braved the rain and management harassment on Thursday, January 22 to conduct a recruitment leafleting to in front of the JCFL Takadanobaba campus during their lunch break.

At 12:30, Case officer Gerome Rothman and three union members arrived at the front gate. They began leafleting instructors and staff.

Shortly after the union began, management deployed several non-union staffers to interfere with the leafleting. Management first told the union they would call the police. The union responded by insisting management stop interfering with our legitimate union activity.

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‘Maternity harassment’ verdict benefits women, men — and our humanity

Last Thursday’s Supreme Court verdict in the “maternity harassment” case brought by a physical therapist in Hiroshima was the first of its kind, overturning decades of business-friendly jurisprudence along with rulings from the district and high courts.

As I mentioned in last year’s September Labor Pains (“Mata-hara: turning the clock back on women’s rights”), the word mata-hara is short for maternity harassment, just as seku-hara and pawa-hara refer to sexual harassment and power harassment, respectively. Maternity harassment means workplace discrimination against pregnant or childbearing women, including dismissal, contract nonrenewal and wage cuts.

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Tozen Vlog for May 18, 2014

Japan College of Foreign Languages Once Again Interferes With Legal Union Activity. We will not back down! またもや正当な組合活動を妨害した日本外国語専門学校(JCFL) ~それでも、私たちはへこたれません!

This morning Tozen JCFL Local members, Tozen members, and supporters conducted a leafleting at JCFL in an effort to build our union there. Below is our report.

Leafleting Report

After gathering we walked together towards the school, put on our armbands, and got to leafleting. We began leafleting at 8:40. Several staffers immediately stood in front of the union members attempting to block them. The members kept their cool and persisted in leafleting, trying hard to get the leaflets to the students without touching the staffers. I tried to confront the staffers individually, informing them that this was a union action and they should not interfere. The staffers either ignored me or told me that they were outside to protect the students from cars, and that they are out there every day. Principal Iizuka said this several times as well. School staff, however, do not greet students in the street on a daily basis.

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Is Sulejman Brkic no longer a member of the ICC Family?

Tozen member Sulejman Brkic was bloody illegally fired.

Fired TeacherICC Language Schools is a language school that has six branches in the Kanto area, with its headquarters in Yokohama. Sulejman Brkic has been teaching English and French courses at this school for twenty years. He has always been very popular among his students, not only because of his superb teaching skills, but also for his charming personality and his wry sense of humor. Sulejman loves his job, and has worked passionately for the past two decades.

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スレイマン・ブルキッチ組合員は、もう「ICC Family」じゃないの?!

koushiboshu02a株式会社ICC(本社:横浜市)は、関東地域に6つのスクールをもつ語学学校です。スレイマン・ブルキッチ組合員は、20年間にわたり、ICCで英語とフランス語の講師として仕事をしてきました。ちょっぴり皮肉やさんながらとてもチャーミングな彼は、教え方にとても定評があり、生徒たちからの人気も抜群でした。彼はやりがいと情熱をもって20年間働いてきました。

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Matahara: turning the clock back on women’s rights

SOURCE: NATIONAL INSTITUTE OF POPULATION AND SOCIAL SECURITY RESEARCH 14TH CHILDBIRTH TREND STUDY (2011); GRAPHIC BY TIM O'BREE
SOURCE: NATIONAL INSTITUTE OF POPULATION AND SOCIAL SECURITY RESEARCH 14TH CHILDBIRTH TREND STUDY (2011); GRAPHIC BY TIM O’BREE

Matahara: turning the clock back on women’s rights
Maternity harassment‘ concept coined amid reports of bullying over pregnancy at work
BY HIFUMI OKUNUKI

“When I told my company I was pregnant, they fired me.”
“I was delighted to be hired by a company I loved. Then my boss made me promise not to get pregnant for a while.”

In last October’s Labor Pains, I discussed maternal job rights in “Labor law protects expectant and new mothers — to a point.” Today, I would like to address a new legal concept known as “maternity harassment,” or matahara, in the syllabic acronym engendered by this growing — and disturbing — trend.

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Panel says bullying by peers, subordinates also power harassment

A government panel studying measures to combat bullying at work recommended Monday that harassment by peers and subordinates be included in definitions of power harassment in the workplace.

In the government’s first proposal to define power harassment, often associated with abuse of power by bosses, the panel said in its report that power harassment could occur not only between people in different hierarchical positions but when there are gaps in expertise in specialized fields such as information technology.

The number of consultations related to bullying or harassment at work brought to the attention of the ministry’s regional labor departments across the country has increased from about 6,600 cases in fiscal 2002 to around 40,000 in fiscal 2010.

The report said there are six types of power harassment — physical attacks such as assault, mental attacks such as threats, ignoring or leaving someone out of the loop, burdening someone with excessive work, deliberately giving someone very little work to do and prying into someone’s personal affairs.

The working group determined there is a need to expand the definition of power harassment as it found from interviews with companies and the examination of litigation that there are a growing number of cases in which workers are continually ignored by peers and where younger employees well-versed in IT harass people in more senior positions who are less knowledgeable.

http://mdn.mainichi.jp/mdnnews/news/20120131p2g00m0dm019000c.html