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.
On May 11, 2021, Tozen Union entered into dispute with Interac. Since our first collective bargaining (CB) in October 2019, Tozen Union and Interac have taken several important steps toward working out a deal. But after twenty-six CB sessions, workplace safety and wage issues remain. Our campaign to improve working conditions at Interac is important not just for employees, but for students and Japan’s education system.
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.
Preschool operator Pearson KK’s refusal to meet Tozen Union for collective bargaining (CB) violates Article 7.2 of Japan’s Trade Union Act, the Tokyo Labor Commission ruled Wednesday.
Last December, Principal Hirokazu Nakamura informed parents and teachers that Hanegi International Pre-School (in Shimokitazawa) would close on February 16, 2020. This meant teachers’ jobs would be gone in two months.
Nakamura ignored countless union faxes, emails, and phone calls trying to set up a CB session to save a union member’s job. Pearson’s refusal violates the teachers’ and the union’s rights under Article 28 of the Constitution
Tozen sued Pearson in the Tokyo Labor Commission, but the company ignored the commission’s calls. Nakamura refuses to face his employees and even his government. Pearson never turned up to a hearing or filed a piece of paper in their defense.
The Covid-19 pandemic worsened the impact of Hanegi’s collapse. “They put us out into the street like garbage,” Adam S, one of the fired teachers said. “Used us and threw us out into this horrible pandemic. There’s no work.”
Meanwhile, the company still runs a brisk business as if nothinghappened. Tsukuba International Nursery School rolled out a new website on April 17and announced a new after-school program for their students on April 27.
Tozen Union will immediately issue a renewed demand for CB. We will not give up the fight to bringPearson KK to the table, pay Adam S. his back wages, and take responsibility for its anti-social behavior during this crisis.
When Shane Corporation teachers checked their payslips on Tuesday September 15, 2020, they noticed a new category listed as “Repayment.” Teachers at the language school had negotiated to stop the company from taking this dreadful action. In July, the school informed them of a surprise loan that had been imposed on them during Japan’s lockdown months, initially understood as salary. Since then, the company has made no effort to negotiate in good faith.
On August 28, newly elected teacher representatives met with Principal Alex Cox and Director Ian Holden. According to the minutes, “the average monthly deduction will be around 35,000 yen over 8 months” for teachers who were pushed into option 1 who could keep their paid leave but are required to pay back the salary that was paid to them during lockdown. Some teachers report being deducted upwards of 40,000 yen. Many teachers have expressed concern over illegal deductions made without their consent. They are also worried about the continued financial hardship they face with lower pay that will continue for 7 more paychecks.
Teachers pushed into option 2 were permitted to keep the salary that was paid to them; however they have lost most of their paid leave and were told to work 6-day weeks to make up the days they owe for when the company was under lockdown. Certain district managers have told option 2 teachers that if they do not finish making up the extra days by March 31, 2021, then they will also be deducted for the remainder of this odious debt. Some teachers feel this is a trap and that no matter what option they choose; they will still get their wages docked. Other teachers report that they make themselves available for 6-day weeks but are still given no extra work and are told that there are no lessons to make up in certain districts. They worry that even though they make an effort to comply with what the company dictates; they will still get deducted.
The two “options” as the company called it, were not options at all. Teachers were forced to choose one or the other and if they refused to choose, they were forced onto option 1. Japanese staff were given no options, were deducted before teachers were and will be docked for 6 more paychecks. Initially, teachers were told that they would be deducted 50% from their paychecks for two consecutive months which forced many panicked and stressed teachers to choose option 2 due to the fear of suddenly not being able to pay their bills and other necessary expenses. However, the company later decided the “repayments” would be divided between 8 paychecks. This decision came without sufficient notice as the deadline the company set to decide on the options they forced upon teachers had passed.
Some option 2 teachers have requested to be reclassified to option 1 due to this new information, but the company refused, citing the deadline. Option 2 teachers are now forced to work during holidays mandated in their contracts, which the company says does not count towards the days owed. Shane offers no additional pay. According to Shane’s General Directives and Guidelines for Teachers section 5.1; “Teachers will earn a daily bonus of ¥15,000 for voluntarily working on a non-scheduled day of work” The company chooses to ignore these rules for option 2 teachers.
Following the deduction, on Wednesday September 16, 22 teachers struck in response to the company’s actions. Teachers gathered in front of Shane schools in the Chiba and Saitama districts to hand out flyers to passersby and inform them about the treatment of teachers. “We did not consent to this” was written on one side of the flyers, while the other side provided public access articles and information detailing Shane’s actions regarding corona pay and taking away paid leave.
Union membership continues to increase with both Japanese and foreign staff. The union will not give up in their efforts to negotiate despite the company trying to delay and refusing any real discussion of union demands. We want to come to some kind of an agreement with management before escalating to further legal action. Shane needs to take these demands seriously and realize what they are doing is not ok by any legal or moral standards.