Would-be NTV announcer’s fate hangs on issues of morality and fraud

BY HIFUMI OKUNUKI
NOV 26, 2014

The prevalence of the employment custom of saiyō naitei (tentative job offers) may well be peculiar to Japan. As I touched upon in my March 27, 2012, column, university juniors and seniors skip class to attend work seminars, company orientations, internships and, finally, a series of tests and interviews with prospective employers.

Universities wholeheartedly approve of this shūkatsu job-hunting mania and are therefore quite lenient about attendance, assignments and other mere scholastic responsibilities. If things go well, seniors find themselves the lucky recipients of a saiyō naitei — an early promise of employment to begin the first April after graduation.

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AKB48 on stage

AKB48 members deserve to get workers’ comp for saw attack

On May 25, a man wielding a saw attacked and wounded 19-year-old Rina Kawaei and 18-year-old Anna Iriyama, two members of bumper girl group AKB48, and a male staffer at an event where fans get to shake hands with their AKB idols.

Fortunately the injuries were minor, but fans were shocked. The victims and their AKB48 comrades must have been terrified.

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Foreign workers fear exploitation as Olympic projects gather steam

My first Labor Pains column of the new fiscal year will look at the government’s recent proposal for bringing in foreign workers.

Various proposals on easing immigration restrictions for foreign workers have been bandied about in recent years, but they were inevitably scrapped because “Japan is but a tiny island nation.” (In fact, Japan is the fifth-largest island nation in the world, after Australia, Indonesia, Madagascar and Papua New Guinea.) Incidentally, there are currently 2.03 million foreign residents and more than 700,000 foreign workers in Japan, so the country is already quite multinational and multiethnic in composition.

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Tozen Vlog for April 8, 2014

Image taken from debito.org

ANA caricature speaks volumes about Japan’s outdated mind-set

By Hifumi Okunuki

Last month, a new ANA commercial hit the airwaves — and quickly ran into some serious turbulence.

The scene is Haneda Airport. Two Japanese men dressed as pilots stand with their backs to the camera.

“Haneda has more international flights nowadays,” says one.

“Finally,” replies the other.

“Next stop, Vancouver,” the first man says.

“Next stop, Hanoi,” his friend replies.

“Exciting, isn’t it?”

“You want a hug?” the taller man says, out of nowhere. The shorter man stares at him in bewilderment.

The man who proposed hugging criticizes him, saying, “Such a Japanese reaction.”

“Because I am Japanese,” the man says in his defense.

“I see,” says his partner, before falling into a contemplative silence. “Let’s change the image of Japanese people.”

When the camera returns to the shorter man, he is wearing a blond wig and a false nose of Pinocchio proportions. “Sure,” he says.

A voiceover then intones the All Nippon Airways slogan, “From Haneda to the world, ANA,” and the commercial ends.

As soon as this ad aired, ANA was inundated with criticism. The thrust of the complaints was that the ad was racist and exaggerated the physical features of white people to point of mocking them.

ANA did not seem to have anticipated such a reaction. It swiftly apologized and removed the offending final image from the clip on TV and online. (Though it was only the TV commercial that received criticism, they also took down posters of one of the actors from the commercial wearing the traditional dress of various countries.)

What interested me in particular was the difference between the reactions of Japanese and foreigners who saw this ad. At my labor union there are members of many different nationalities, the large majority of whom expressed unhappiness or indignation toward the ad. “How did they fail to anticipate this would offend people?” many asked.

On the other hand, Japanese people I know reacted with bewilderment. “It’s certainly childish,” their comments tended to run, “but I couldn’t call it racist. On the contrary, since blond hair and big noses are something that in Japanese culture have long been held up as attractive, the ad is more an expression of Japanese people’s sense of inferiority.”

My personal opinion is that the ad is a disappointing anachronism, and a reminder of the parochial outlook of large Japanese corporations. The ad appeals to the facile formula that “foreigner = white = blonde and big-nosed = English-speaking = globalization.” But this feels bizarrely outdated and out of place coming from ANA, a major carrier trying to depict the airport generically — and Haneda in particular — as some sort of stage for exchange between the world’s many races and nationalities. Instead, the ad unintentionally shows that the Japanese archetype of thegaijin (foreigner) remains as strong as ever.

So why is it that so many of the Japanese people I spoke to couldn’t understand why foreigners would be angry about this “racist” ad? I think, fundamentally, it has to do with the very narrow image that postwar Japan has had of what “abroad” and “foreigners” mean. Because postwar Japan has been politically, socially, culturally and in almost every other respect in thrall to the West — and particularly the United States — the view that blond, big-nosed, blue-eyed and English-speaking are somehow “better” or the “global model” is widespread.

At the same time, the former targets of Japanese invasion in Asia, such as China and South Korea, have been largely ignored. Political leaders have avoided the question of responsibility for the war, and ordinary people have relatively little opportunity to study their own recent history. Japan has considered itself as separate from Asia, due to its status as the only Asian country that succeeded in developing into a major economic power. For postwar Japan, “foreign” has basically meant “American.”

As Japan’s own economic engine has puttered out, China has started to grow rapidly and South Korea has become a major hub of popular entertainment and industry, and many Japanese now feel threatened and see these countries as rivals.

The Japanese media have been eager to belittle their neighbors. And so, Japan, which up to now had adopted a “see no evil, hear no evil, speak no evil” attitude to its history of war against its neighbors, is at the stage where its politicians are actively trying to make excuses for its past aggression and are even trying to apportion blame to the Koreans and Chinese.

Japan is thus far from becoming “global” in any real sense of the word. In a nutshell, the world for Japan consists of China and Korea — the objects of resentment and controversy — and the rest, who are all blond, big-nosed English-speakers.

Japanese women’s magazines often run articles with titles like “How to do your makeup for that foreign look” or “half look,” where “foreigner” obviously means “white Westerner” and “half” means “a half-Japanese, half-white mix.” No one who reads these headlines would consider that they could be referring to half-Chinese or half-Filipino Japanese, even though we inhabit a world of around 200 different countries, most of which are majority non-Caucasian.

It’s from this perspective that the trade ministry is raising its voice and calling for Japan to prepare workers with a more “global outlook” and to stop the trend of young people “looking inward” (uchimuki).

This is laughable. It would certainly be better if young people looked out at the world, provided they recognize and appreciate its true ethnic, linguistic and cultural diversity — and that this diversity cannot and should not be ranked in terms of which traits are better or worse. That would be some real globalization.

Apologies for the long buildup, but I felt this commercial brought up an important point regarding the situation of foreign workers in Japan. But first, I would like to ask readers what they think: Do Japanese businesses discriminate against foreigners?

Japanese labor law has only one or two articles that touch on the subject of foreigners. The crucial one is Article 3 of the Labor Standards Act, which states that “an employer shall not engage in discriminatory treatment with respect to wages, working hours or other working conditions by reason of the nationality, creed or social status of any worker.”

This is called the principle of equal treatment. Nationality is considered to encompass the concept of race in this article.

It’s not necessarily a bad thing that Article 3 is the only section of the Labor Standards Act that refers to foreigners. Since every article of labor law should apply to every person working in Japan, I don’t think there’s any need to make any special mention of foreigners elsewhere.

So, if Japanese labor law protects foreigners and Japanese equally, what’s the problem? Let’s look at the Tokyo Kokusai Gakuen case (Tokyo District Court, March 15, 2001).

The defendant was a language school that employed the 16 plaintiffs in the case (of whom three were Japanese) as teachers. The case centered on claims of unpaid wages and security of contract renewals.

The foreign teachers were employed on a separate contract to the Japanese teachers (the contract was called the “Foreigner Contract”). The difference between the two contracts was that the one the Japanese instructors were on was permanent, whereas the foreigners were on fixed-term contracts. The plaintiffs alleged that this difference violated the aforementioned equal-treatment principle.

On this point, the court ruled against the teachers, finding that “the difference in contracts did not violate Article 3 of the Labor Standards Act” — the reason being, the court said, that “foreign teachers were employed as temporary, semi-regular staff and were given higher pay to compensate for the difference. The school did not discriminate in any other way.”

In other words, the court found that since the foreigners had no corresponding complaint about being paid more than Japanese in the same work, then it was not discriminatory for foreigners to be denied permanent employment.

This finding brings to mind the attitude that my Japanese friends had with regards to the ANA commercial: Sure, foreigners get a ribbing, but the racial traits exaggerated in the ad are desirable to us, so it can’t be racist. In a similar vein, according to the Tokyo District Court ruling, foreigners are on fixed-term contracts but they get paid more, so it can’t be discrimination.

I cannot agree with the court’s reasoning. High pay doesn’t make limiting foreigners’ term of employment fair. Isn’t it in principle discriminatory that Japanese are automatically put on lower-wage permanent contracts, and foreigners are automatically put on higher-wage limited-term contracts, completely disregarding the wishes of any of the individuals concerned?

Why is it that just because you are a foreigner, permanent employment is automatically off the table? And why does higher pay justify limited-term contracts? No rational reason comes to mind.

I think the principle of equal treatment established in Article 3 of the Labor Standards Act is a wonderful thing. The reality, however, is that constant violations of the principle persist in Japanese workplaces to this day.

It is important, now more than ever, for working people to fight for all workers’ rights to equality and security at the workplace. This is not something employers should be able to use to divide their employees. Instead of pandering to the grotesque caricature of globalization in ANA’s ad, employees would be better off heeding the global call of “Workers of the world, unite!”

Hifumi Okunuki teaches at Sagami Women’s University and serves as executive president of Tozen Union (Zenkoku Ippan Tokyo General Union). She can be reached at tozen.okunuki@gmail.com. On the second Thursday of each month, Hifumi looks at cases in Japan’s legal history to illustrate important principles in labor law. 

Restore the shuttered-up New Year’s of yore

For the workers' sake: Next New Year's, spare a thought for the employees of convenience stories, restaurants and supermarkets who have to work through the holiday period to satisfy customer demand in today's 'convenience culture.' | KYODO
For the workers’ sake: Next New Year’s, spare a thought for the employees of convenience stories, restaurants and supermarkets who have to work through the holiday period to satisfy customer demand in today’s ‘convenience culture.’ | KYODO


BY HIFUMI OKUNUKI

First of all, I would like to wish a happy new year to all the readers of Labor Pains. While labor news has generally been a gloomy topic of late, it is my hope that this year will bring brighter things for me to write about.

As I draft this first column of 2014, I am sitting in front of my computer at 10 at night in my apartment in downtown Tokyo. The suddenly vacated metropolis is blanketed in an uncanny hush. Hardly any cars can be seen passing by. In the great New Year’s exodus, many of the inhabitants of Tokyo have returned to their various hometowns across Japan, leaving the city in a temporary state of near-abandonment.

I can’t say that I’ve ever disliked this vacated Tokyo. In fact, I enjoy the calm atmosphere. Watching “Kohaku” (an annual pop music contest televised on New Year’s Eve), chatting about this and that, eatingtoshikoshi soba (a noodle dish with tempura served on Dec. 31) — this kind of traditional New Year’s Eve suits me just fine. And, even if I were to absentmindedly forget the tempura for the soba, I wouldn’t have to worry because, in this day and age, most supermarkets remain open all through the holiday season. It is no longer rare to see a supermarket open its doors even on New Year’s Day.

It wasn’t always like this. Back in my day, we took it for granted that for the period from the evening of Dec. 31 to Jan. 3, nearly everything would be shuttered up. On the morning of New Year’s Eve, stores would be scenes of chaos, packed with shoppers frantically stocking up on supplies to last the week. My mother used to take my sister and me along as well, to help carry bags for her, and both of us would barely be able to hold all the shopping. For us kids, the pressure of knowing that if we forgot something we would have to do without it over the holidays brought with it a strange sense of excitement.

But today’s young people have probably never experienced all that. Convenience stores that open 365 days a year, 24 hours a day now dot the Japanese landscape, and supermarkets are closely following with ever longer business hours, to the point that the end of the year no longer feels like such a special time.

I sometimes wonder if this new “convenience culture” is a good thing. Of course, from the standpoint of consumers, being able to buy anything you need any time provides a sense of security, and this convenience could be considered to be something positive. But at the same time, if we look at it from the workers’ perspective, that convenience comes at the direct cost of more labor through the holiday period. Convenience stores, supermarkets, DVD rental shops, family and fast food restaurants,izakaya, karaoke parlors — all kinds of establishments remain garishly and noisily open for business in spite of the New Year’s holiday.

The people working at these places have to sacrifice their private lives for the sake of their jobs. Of course, you could argue that the people working at these stores freely choose to do so. However, I doubt that most of the people working in these jobs are in a position to make very “free” choices. Rather, I suspect that they are cajoled or even coerced into taking these shifts. I can’t help but have misgivings about the idea of forcing people into situations where they have to make personal sacrifices for the sake of customer convenience.

For contrast, let’s look at how the same issue is handled in another country. In Germany in 1900, a law called the Shop Closing Act (Ladenschlussgesetz) was passed that remains in force to this day. Under this law, shops are in principle not allowed to open outside the hours of 6 a.m.-8 p.m. on Mondays to Saturdays — or at all on Sundays and national holidays. While airports and train stations are exempt and many other revisions have followed over the years, gradually resulting in the law being relaxed significantly, the Shop Closing Law continues to regulate business hours in Germany.

The motivations behind this act were threefold. First, for religious reasons, the government wanted to preserve Sunday as the Christian Sabbath. Second, the law’s proponents hoped to protect the livelihoods of “all workers.” They feared that longer business hours would result in employees being forced to work longer hours to match. Third, the government wanted to protect small businesses. In other words, it worried that with unregulated business hours, large companies that could afford to extend business hours would gradually rob smaller companies of their customers and thereby threaten their very existence.

As I’ve written about over and over in my Labor Pains articles, overwork is one of the most serious social ills afflicting Japan today. About 5 million people — 10 percent of Japan’s workforce — toil more than 60 hours a week, according to a 2012 study by the Ministry of Internal Affairs and Communications.

Theoretically, Article 32 of the Labor Standards Law gives workers the protection of the eight-hour day and the 40-hour week, and bans work above those limits. However, exceptions to this law are often recognized. While so-called 36 Agreements (a kind of deal struck between workers and management about overtime, named after Article 36 of the same law) are required for overtime to be permitted, in practice many companies are able to extract unpaid overtime from their workers without concluding any such deal.

On top of that, in an investigation published on Dec. 30, the Tokyo Shimbun found 1,343 cases of companies that incorporated “fixed overtime pay” lump sums into regular wages and then forced workers to work past the hours originally set in their contracts or, alternatively, did not even give a clear figure on how much overtime was being paid for.

Furthermore, under the Labor Standards Act, provisions exist allowing for flexible arrangements such as irregular working hours, flex-time, work outside the workplace and discretionary labor. (Under the discretionary labor system, employer and employee are supposed to decide between them how long a job should take, with the employer then paying the worker for those hours regardless of how many hours are actually worked.) In other words, the law that is supposed to protect the health and livelihood of workers in Japan is riddled with loopholes, and the country is sadly filled with employers willing to exploit these loopholes and overwork their employees.

So once again this year, I have ended up returning to a gloomy theme. However, this New Year’s Day, I dare to dream of how different things might be if we were to look at the people working at our convenience stores, supermarkets and restaurants not from the perspective of consumers blindly seeking convenience, but, like the framers of Germany’s Shop Closing Act, as people who believe that all workers should be protected.

In that spirit, and not out of nostalgia, I suggest that we work to bring back the old, shuttered-up New Year’s Day.

Hifumi Okunuki teaches at Sagami Women’s University and serves as executive president of Tozen Union (Zenkoku Ippan Tokyo General Union). She can be reached at tozen.okunuki@gmail.com. On the second Thursday of each month, Hifumi looks at cases in Japan’s legal history to illustrate important principles in labor law.

Originally published here:
http://www.japantimes.co.jp/community/2014/01/08/general/restore-the-shuttered-up-new-years-of-yore/#.UtdzeHnCWwe