Few corporations paid full kyugyo te-ate furlough allowance during the emergency shutdown.
Shane Eikaiwa (Shane Corp.), however, paid its teachers the full allowance during April and May. At first glance, the company apparently showed respect to its workers, a company anybody would be proud to work at.
But this pretty picture has turned ugly, with management deducting wages without workers’ consent and trying to get them to work overtime for free.
The number of members of the Tozen Union Shane Workers Union has tripled from just 20 a month ago on June 24, to 71 today.
Today, 41 members walked out, the biggest strike in the history of Tozen Union’s Shane chapter and even in the history of Tozen Union.
We heard of many workplace problems that school counselors faced, but they were reluctant to stand up, organize and fight back. But counselors have joined the union and have now struck. Being the first to step forward is tough, yet they refused to bow to the pressure and took the bold and daring step of standing up.
Shane Eikaiwa presented instructors with two options in late June.
Option 1 was to maintain the same work schedule they had before the state of emergency declaration with no need to provide make-up classes on their days off. But they would get about half their upcoming pay deducted.
Option 2 was to keep all the wages they received during the closure, but then be required to do make-up classes for free to offset those wages. In effect, this means that the money paid during closure was an advance payment for future work.
Option 1 violates a principle in Article 24 that wages must be paid in full and cannot be deducted without the employee’s agreement; and Option 2 violates Article 17 of the Labor Standards Act, which stipulates Employers cannot pay an advance as a loan on condition that those wages will be offset by future labor.
Astonishingly, Shane Eikaiwa told teachers that if they refused to choose either option, they would automatically get stuck with Option 1. Employees end up being strong-armed into choosing one of these two options.
The members of Tozen Union’s Shane local rejected both options. Many members reran employee rep elections at their schools and told management they refuse and reject any deduction from their wages.
Management continues to refuse to conclude a rodo kyoyaku collective bargaining agreement over corona wages and work schedules.
Today, school counselors and instructors – the workers at Shane Eikaiwa stood up and prosecuted a major strike.
Recently, Yahoo News ran a piece on Shane Eikaiwa by well-known journalist and commentator Haruki Konno. The article was retweeted over 700 times, including by Shane students as well as those who want to take action to change things for instructors.
Outraged teachers strike after Shane says corona furlough pay was a ‘loan’
Countless unresolved issues between Shane Eikaiwa and the union remain, but what we must fight now is what is right in front of us – the next pay day on August 15.
You might have thought the Shane Workers Union (SWU) had gone quiet, or weren’t doing much over the lockdown, but the members were all quite active. Meetings went from a monthly thing to an almost weekly activity, and the fire in the members hearts was burning and growing.
The members were angry at Shane’s lack of decent guidance during the pandemic and angry at management’s refusal of collective bargaining(CB). The anger increased further when – after two months of refusal – management eventually met the union for CB on 15th June 2020, and offered little in the way of negotiation. The company even claimed that they didn’t even know the legal classification of the pay they gave us during the April and May lockdown.
Shane had decided that during the lockdown they would pay the workers 100% of their salary (woohoo!) as an advance (boo!) on future work. This goes against Article 17 of the Labour Standards Act, “Pay shall not be made for advanced work” and against the government’s appeals to employers to pay workers a full furlough. The government is providing financial assistance to employers to cover the costs of furloughing employees.
As the lockdown ended, the company stated that workers would have to make up 30+ days of work for free. To do this, the company unilaterally changed the working calendar with no negotiation with, or consent from, the workers, changing both training days and paid leave days to working days. This meant most workers would lose most of their holidays.
Shane also decided that the company would reclaim wages from the counselors (receptionists), horrifying them and teachers. The union did what we could to help counselors and want to do more.
As the new working days that were once training days and holidays approached, workers became agitated and angry at the exploitation.
The week leading up to one of the first new working days Saturday, June 27th was filled with discussion and talks of how teachers could stop their work being exploited, and ourthe main response was “withhold your labour.”
This must have hit a certain spot with people, as on Thursday 25th June, 9 people took strike action, with 3 people joining the union through the strike.
These new members and older ones continued to respond to other workers’ frustrations at the company’s changes to the work calendar, by suggesting that they also take action.
The company sent out an “Agreement on Planned Paid Leave Addendum” for workplace representatives to sign on Friday 26th June. This addendum stated that the company would be able to change the paid leave schedule with 7 days notice, and that the company and employees would have to comply with the changes.
It meant that the company wanted the ability to change annual paid leave with no negotiation. Teachers were furious.
All day Friday, Orren (President of the SWU) and Mizuho (Case Officer for the SWU) received strike proposals, some from old members and some from new recruits.
This culminated in an action on Saturday 27th June 2020 with 23 people striking across the company, including 11 people joining the union through strike action.
On Monday 29th June 2020, the company sent out a message with two options from which each teacher must choose. This circumvented any negotiation with the union:
- Go back to the old calendar, but pay back over 40% of your wages, and count the previous pay as a furlough.
- Continue with the new calendar, and keep 100% of what has already been paid, however ½ of the make-up days would be cut.
The SWU’s #1 strike demand at the moment is that the company furlough its workers during the lockdown at 100% with no obligation to make up the days.
So we cannot accept either of these offers, and the fight will continue.
In the letter containing the 2 proposed options, the company acknowledges Article 17 and Article 26 of the Labour Standards Act. They mention that Article 17 states that salary cannot be paid in advance, but say nothing else about it. Despite this being the action that Shane took.
Shane misrepresents Article 26 and makes it sound like they would have had to pay only 60% as a furlough, not that they would have had to pay at least 60%. They also claimed that paying 60% might have caused “severe financial difficulties” for staff, never letting slip that 60% is the minimum, or that the government offered Payroll Protection Program assistance to companies that furloughed their employees.
On Tuesday 30th of June, we managed another large strike action of 19 people, with one teacher joining the union through strike action. More schools closed for the day.
Today, on Wednesday 1st of July, we had our 2nd largest strike yet, with 22 people striking, 4 of which joined through striking. Once again, the company was unable to cover all of the strikers.
These large strike actions have doubled the size of the union, and all new members seem very motivated about how they can help the union going forwards to realise the demands.
The hard work of everyone over the past week has been incredible to see. It amazes what people can do when they unite for a cause.
The Shane Workers Union is not anti-company. We are not anti-work. We love our work. We just want to make this a workplace that everyone can be proud of. We look forward to negotiating with the company in the future.
In March, April and May 2020, Shane Corp. took the decision to close schools in response to the novel coronavirus and the declaration of a state of emergency in Japan.
Under Japanese law and in line with social norms, companies across the country have been furloughing their employees and paying an allowance (kyugyou teate), or keeping their employees busy by implementing work from home policies.
Shane Corp. decided on an entirely different approach, and has not furloughed workers or had them work from home. Instead, Shane Corp. have paid an advance, and expects the workers to either pay back the wages received, or work unpaid overtime. In effect, Shane staff were paid nothing for the closures. The company took a position to change working hours and designated holidays without the consent of the workers. This unilateral imposition is most probably illegal.
The number of members in the Shane Workers Union continues to surge as many staff have finally lost patience, and are increasingly frustrated at what they see as poor treatment.
It is the position of SWU that Shane Corp. pay 100% furlough allowance for the school closures, without any obligation to pay back or work back the money. We are prepared to volunteer to work overtime as long as it’s paid as overtime.
We hope to negotiate a sensible outcome that is fair to the staff and allows the customers to make up the lessons they missed.
Tokyo High Court ruled that an employe cannot desginate paid leave without a written roshi kyotei agreement with the employee rep; and that Shane mangement had no such agreement.
Tozen Union member Adam Cleeve had a reasonable expectation to renew his contract, and his strike related attendance issues cannot be considered when refusing renewal.
The court overturned the dismissal, ordered Shane to take him back to work, and pay 2.5 years of lost wages.
The article is behind a paywall, but if you’re interested please check it out.
The last day before Winter Solstice (Dec. 21), Shane teachers upped the ante in their fight for job security, pension and health insurance, and a 3% pay hike.
In the wake of membership, growth, teachers at a dozen different schools lay down their chalk Saturday. Reports indicate schedule disruptions and cancelled classes.
Tozen Union and its chapter Shane Workers Union negotiated both on and off the record with the English language school but failed to make progress on demands, which included a union page in the Shane teachers bimonthly newsletter.
Management maintained its hard-line, making nothing more than symbolic gestures at concession.
Union teachers determined they had no choice but to muster their courage and strike both on Dec. 18 and then Dec. 21. The latter marked their largest strike in over five years of dispute.
At least one non-member joined the union just to participate in the strike.
The Tokyo High Court today (Oct. 9) overturned the lower court’s verdict in a dismissal case against Shane. The eikaiwa language school in 2017 fired Adam Cleeve, president of Tozen’s Shane Workers Union.
Tokyo District Court upheld the ruling and ignored union claims of strike-busting. Shane fired Adam in effect for actively participating in the union’s strike, a point not lost on the court.
Judge Murakami threw out nearly every one of Shane’s assertions, and invalidated their illegal designated paid leave system.
The court ordered Shane to pay all back wages from March 2017 until the verdict and to take Adam back to work. Shane is likely to appeal the Supreme Court, but that court is unlikely even to hear the case.
“I am excited to get back to work and resume our struggle for better working conditions,” Adam told reporters at a press conference after the verdict came down.
Tozen Union senior organizer Louis Carlet said, “A shout-out to all our members at Shane for their solidarity, tenacity and resilience thus far.”
“This is the first step in bringing about real change at Shane. Now is the time to recruit and build a force that can finally boost conditions for all teachers and counselors,” he added.