Tozen Union Wins Berlitz Pension Suit, but …

June 17th, 2016 1:25 PM
Tokyo District Court on Friday overturned Japan’s Pension Agency’s 2011 decision rejecting Tozen member Yancey Co’s appeal to enroll in Japan’s shakai hoken health and pension scheme.

Co’s employer Berlitz Japan had kicked him off shakai hoken in 2008, after his work hours apparently fell below 30 hours per week in the wake of the global financial crisis.

The 30-hour, or 3/4 of a full timer, threshold can be found nowhere in labor law but rather in the agency’s internal memo dated June 6, 1980.

The English language instructor from Vancouver, Canada, had asked the agency to force Berlitz to enroll him but through three appeals the agency ruled against him.

Undeterred, Co sued the agency in January 2012. “I wanted part-timers to have the right to enroll.”image

After four and a half years of litigation, Tozen Union sees the Friday victory as a partial victory only.

“We insisted that the memo has no legal force and should not be used to kick someone off shakai hoken,” said Louis Carlet, an executive of Tozen Union. “We were hoping the court would declare the memo illegal. Unfortunately the judge didn’t go that far.”

Tozen Attorney Shoichi Ibuski said, “This is one step forward and we hope to use this to go further still.”

(See video presentation below.)

English:

Japanese:

Shakai hoken shake-up will open up pensions for some but close door on benefits for others

June 6, 1980, was a Friday. The Social Insurance Agency quietly issued an untitled internal memo called a naikan regarding the eligibility of part-timers in Japan’s shakai hoken health and pension program. Who could have known what chaos, confusion and frustration that single-page document would cause in the coming decades? Let’s get our hands dirty and dig through the details.

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厚生年金未加入200万人、79万事業所調査へ

塩崎厚生労働相は13日の衆院予算委員会で、厚生年金に加入する資格があるのに未加入になっている人が約200万人に上るとの推計を明らかにした。塩崎氏は「(本来は)厚生年金に入れるのに国民年金であるならば大変な問題だ」と述べた。

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For Japan’s English teachers, rays of hope amid the race to the bottom

The major economic engines of Japan Inc. — car manufacturers, appliance giants and the like — have often been caught price-fixing: colluding to keep an even market share, squeeze competitors out and maintain “harmony.” Similarly, the commercial English-teaching business could be accused of wage-fixing: Rather than competing for talent, they have followed one another’s lead, driving down salaries to hamper career development, limit job mobility and keep foreign teachers firmly in their place.

We’ve all heard the tale of the scorpion and the frog. In a rising flood, the scorpion asks the frog for a piggy-back ride across the river. The frog refuses, complaining that the scorpion will sting it to death midway. The scorpion assures the frog it would do no such thing because they would both drown. The frog accepts the logic, lets the scorpion on its back and begins to swim.

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Osaka’s General Union lands major court victory on Shakai Hoken

GU court victory against gov’t over insurance to have major impact

On 20 March at 13:25, the Tokyo District Court ruled on the case of a General Union member who sued the Japanese government in an important test case regarding eligibility for enrollment in the Employees Health and Pension Insurance (shakai hoken).
Read more at the GU website here.

800,000 firms likely dodged pension scheme

The Yomiuri Shimbun

About 800,000 small and midsize companies are strongly suspected of evading their legal obligation to join the public pension scheme for company employees, according to the results of a joint investigation by the Health, Labor and Welfare Ministry and the National Tax Agency.

The ministry identified the companies that have likely not joined the pension scheme by examining data provided by the tax agency.

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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 Members join in a silent protest against ICC for illegally firing union member Sulejman Brkic

ICC Silent Protest in Yokohama


今日、私たちは東ゼン組合員ブルキッチ・スレイマンを解雇し日本の労働者を苦しめているICC外語学院−彼はそこで22年間も働いていたのです−に対するサイレントプロテスト(無言の抗議)を実施しました。彼は、有給休暇と社会保険を要求した後、違法に解雇されました。連帯して来てくれた皆さん、本当にありがとうございました!

Today we held a silent protest against icc language school for violating Japanese labor by firing Tozen member Sulejman Brkic who worked there for 22 years. He was illegally fired after he requested paid holidays and social insurance and pension. Thank you very much everyone for coming in solidarity!

Tozen Vlog for May 18, 2014