Job Discussion Forums

[JimDunlop2]

Hello everyone... It's been awhile since I posted... And when I did it was in the realm of looking for help with coming to Japan and finding employment. Well, we certainly got what we wanted.... And then some.

To make a very long story short, the company I started work in April (as do many others)... It's a private school in Yamanashi pref. that teaches from babies to adults. It's not one of the "big three" but it is a fairly large chain school, at least in this region.

When I started work, the contract seemed acceptable. It wasn't perfect, but then again, what contract is? It's been a downhill slide, and it's getting worse.

Here's my problem... 1. I don't want to leave the city/prefecture, and 2. I don't want to leave the company... for 4 reasons: 1 -- I can't afford it. I spent the last of my savings coming to Japan and finding a job/accomodation/food/etc.... second.... it's still bearable.... third... I like my co-workers, and fourth, it would look bad to potential employers leaving after only 2 months... Also, I'm somewhat cynical that I can find something better....

SO... I sat down and thought about what I could do to improve the situation.... Unfortunately, talking to the school is out, as others have tried it (myself included) and have either gotten ignored, or severely reprimanded....

So I thought further, and asked myself, what would I do if this were in North America? And it came to me: ORGANIZE!!!! So I didn't waste any time, and sent an e-mail to the General Union, who forwarded me to their sister union: NUGW Tokyo South. They have recently responded to me, and I intend to speak with them over the phone, but the main jist of the response I got didn't sound very encouraging.....

It said: "I'm contacting you from NUGW Tokyo South. Although we're concerned about your problems, financial and geographical constraints prevent us from offering you the full service to which members are entitled. We will try to offer you advice on how to proceed in these matters."

Now, I know they aren't the only union out there..... And I was wondering if I could gather some advice as to whether there might be a BETTER union to approach that would be more appropriately situated, or, what your various experiences with unions are....

Please let me know what you think... I'm including a copy of the original e-mail that I sent to the union.... My name and company's name have been omitted for obvious reasons. I still work for this company, and don't plan on leaving....at least not yet.

Thanks everyone!!!

JD

P.S. I did a search for my comapny on ESL Cafe (in the formus) and came up with one recent hit -- a question from someone who posted a copy of our contract (the one I signed) up on the site, and asked whether people throught it was OK or not.... The general concensus was, that it broke so many sections of the labor code, they gave up after awhile and recommended looking elsewhere for employment...

Subject: Request for information about joining a union. (Confidential)


May 20, 2003

PRIVATE AND CONFIDENTIAL:


Dear Sir or Madam:

Please allow me to introduce myself. My name is JimDunlop2 and I work for a private English school: XYZ Language School in Yamanashi prefecture. I am a member of a foreign staff section of 12 people and a larger Japanese staff section (although I do not have the exact figures).

Since I began working for XYZ Company in April of this year, it has come to the attention of new staff that several things were amiss here. We have observed many examples of unjust treatment of employees, abuses of working conditions and the use of stronghanded tactics to manipulate staff, such as: isolation, intimidation, complacency. The manager of the school's main branch (who is also a foreign staff) is new to his position, and has displayed virtually every describable kind of unprofessionalism and publicly (within hearing range of other employees) degraded, put down and otherwise insulted other staff.

The deteriorating conditions at XYZ School have prompted all the staff to leave the school. It is expected that by the end of July, we will have a 90% turnover and only 2 senior staff (possibly) will remain. At the moment, we have five new staff (including myself) who do not intend to leave, as we have financial and other obligations, and would likely have difficulty finding immediate employment elsewhere in the same region.

We are all concerned that the new staff will be completely immersed in a hostile workplace where management feels they can control and manipulate all aspects of the job and whose concerns lie only with the profit of the company and not with the well-being of its staff.

When I looked at what the union considers "fair and reasonable" on your website, I can only say that some of the items are only a pipe dream at XYZ School:

* Regular pay rises
-> 5,000 yen/yr at the moment

* A work environment that promotes professional development and quality education

-> No. All staff are quitting or considering quitting.

* Paid National Holidays

-> Yes. As far as I know.

* At least 10 flexible paid vacation days per year
Contracts without artificial one year term limits

-> No way!!!

* No arbitrary/unfair dismissals or non-renewals

-> Currently one employee on probation for complaining about working conditions!



* Overtime pay if you work more than eight hours a day or 40 hours a week

-> No way! Promised in the contract, but rigged so no one can ever collect overtime.



* No discrimination based on nationality, race, language, gender, age, or sexual orientation

-> Japanese teachers get paid: 160,000 Y /mo. Foreign staff get paid: 250,000 Y / mo.



* Paid maternity and paternity leave

-> Japanese teacher recently intimidated into staying longer before she left for mat leave, and told she must come back early or risk losing her job.



* Regular payment of wages in full on a set date

-> Yes, so far.

* Enrollment in Unemployment Insurance

-> No way!

In addition to these, there are other items not in the above list (such as lack of training, and lack of qualified staff) that make our jobs much more challenging than it should be.

At the moment, both I am considering joining a union. I can likely get at least two or more people to also join. We understand that collective bargaining in Japan works a little differently than in North America (where we are from) and that a majority of employees isn't necessarily required.

I am seriously considering joining no matter what, however if we can get assistance in showing our fellow workers the benefits we would enjoy as being part of a union, we can probably succeed in recruiting more members. I would also like to know how the union can help our situation, and what benefits we could reap from membership.

Please respond by e-mail or telephone. If by phone, the best time to reach me is before 12:30 pm as I work from 1pm-9:15 pm and normally get home after 10pm. Cell# is: (omitted).

I look forward to hearing from you soon.

Regards,

JimDunlop2

[Sherri]

Jim
I am not sure how much help I can be. My impression is that you have to be more specific with the union about what kind of help you would like. I had to re-read your posting and I am still not sure what exactly you want to ask from the management. You need to pick your battles. Choose the problem(s) which are the most the pressing to focus on. For example you mentioned that the Japanese teachers get paid less than foreign teachers--although this seems a worthy battle, I doubt that you are aware of the specifics of the Japanese teachers' contract (they are probably in Japanese--if they even have one) and may include extras such as health insurance and pension payments which you are not aware of. Putting this on the table now would make things very complicated.

Most importantly---your employer will probably decide to fire union members or when they get wind of the union, threaten to fire anyone who joins. Although this is illegal, they don't strike me as the kind of employer who would let this get in their way. As you said, you don't have much money and I am sure they know that you would not be able to afford to stay in the area and fight a legal battle after losing your job. Do be careful, I have seen this kind of thing happen.

1. Try to meet with the union reps face to face if possible.
2. If you do decide to go through with this, streamline/clarify your demands.
Hope this helps.

[Glenski]

[Shonai Ben]

My advice in a nutshell:Get Out.
Start looking for a new job right now.Make a serious job search,stay in your present job until you land a new one and give 2 weeks notice.
Things are not going to get any better so why drag this out and be miserable.There are lots of other companies to work for.Find a better one and be happy.
Don't forget that you can do private teaching on the side and that the students in your present school are a great way to start getting new students.
I know it's a big step.I was in the same situation,but I did what I just suggested to you and now I am much happier.
Hope this helps.

[As Das Fads]

Wow JimDunlop, I didn't realise you were a "Farker" and and a "Dave's ESL Cafe"-er. Small world, eh? (www.fark.com for anyone else interested)

[JimDunlop2]

Yo dawg.... I"m back.... (Sorry.. Been watching 8-Mile tonight and dipping into my brandy).....

But a msg to As Das Fads: Yeh, it's me.... I guess now you know the reason why I was too drunk to feel the earthquake...

But no, seriously... What are the odds of the same JimDunlop being a Farker and a Dave's ESL Cafe-er...? I dunno.. You can figure it out.... But I guess it stands to reason that many gaijin living in Japan just MIGHT be teaching English for a living... Since Farking was a full-time hobby for me in Canada, I haven't really given it up.... As Das Fads: Maybe you can drop me your e-mail address (& Fark ID if it's different than what you use here) I'd love to get in touch....

Anyway,.... As a response to the others that took the time to respond to my posting: Thank you!!! Your advice is valuable to me...

You're all correct: I should be looking elsewhere.... And I fully intend to, but as I said, there are other circumstances that make this a little tricky at the moment.

Glenski: One of the factors holding me back right now is the fact that I'm still on a WHV waiting for the company to do the paperwork to switch me to a regular working visa... Otherwise, I'm as good as homeward bound by summer.... Also, I still maintain that for the time being it's all bearable. (It's my story and I'm stickin' to it).. The reason why I post such a big message is because I'm long-winded..... AND I realize that the situation will not improve, so I'm trying to take measures either within the scope of my work at this school, or going elsewhere....

Sherri: I guess that's what I'm trying to figure out: which union can offer the support we need.... I'm still a little green to know what a union can or cannot offer in terms of help. For now, what I DO know is that we don't need 50%+1 majority in order to force collective bargaining so joining a union would grant us certain protection and a better position (such as not fired for complaining about working conditions)... Can you tell me what your experience is/has been with trade unions in Japan?

Otherwise, thanks to you all for your responses.... If you want to correspond further, let me know by e-mail.

Cheers,

JD

[Sherri]

I can think of 2 cases which involved trade unions, both in Tokyo (with the full support of the union). Sorry I can't remember exactly which union. Both cases were hugely complex and I don't want to get into the details. The important thing is, both people lost their jobs, got the union to help them get their jobs back, the union tried their best but in the end...
--one person had to leave the country because her visa expired and she had no more money

--the other case dragged on for 2 years plus (he has a spousal visa) and I am not sure how it ended, but he certainly never got his job back. I think he gave up.

The union does not have as much power as you think. You seem to think that by joining you would be protected, I would not be so sure--but again ask the union directly. I think your school will still fire you and would probably fire you if they knew you had contacted the union. Then it is up to your employer and the union to fight a legal battle to get your job back, which you would probably win, but is it really worth it? Can you afford to stay in Japan for several months sorting all this out with no pay check?

What I have learned about unions here is that they are keen to gather members (of course!) but are not very powerful. If what you believe is true--that the union will give you protection in your situation, then many, many more private schools would be unionized. They are not because no one wants to go through what I wrote above. There are unionized workplaces, Berlitz and Nova. Do a search using Google and I am sure you will find their websites. perhaps someone there could give you more concrete advice.

[ruggedtoast]

A big can of kerosene and a match? I dont understand why you say you cant afford to leave and get another job, if you mean you cant afford to quit then fine but you can start applying now right?

What would be the point of involving a union, this is esl in Asia,　not some kind of career job in your home country, if you dont like it then quit and go somewhere else. Or go home. Your school is a crap place to work, I suggest you leave.

[cafebleu]

Hi JimDunlop2. I think the posters who are telling you to leave are correct, as is Sherri`s advice that labor unions here don`t have much power even if their intentions are good and they are also actively seeking new members.

On that point, I don`t think a labor union would be able to pin anything on your school regarding contractual working conditions in a technical sense. It is NOT uncommon for teachers to do unpaid work in Japan, and despite our westerner sense of what is exploitative, any number of us have done work beyond the call of duty simply because it was easier to get along with our school/s by doing so.

I don`t think any foreign teacher who made the point that they didn`t receive a pay rise after a year of a solid work record could pin anything on the school regarding working conditions that violate labor laws. I worked at one school full time before for 3 years and I never received a pay rise although my boss was fully satisfied with my performance. My contracts were always one year contracts. These conditions are by no means unusual.

I also paid my own health insurance. I never received overtime pay, never. It depends on the school. I stayed there because it was a great working environment other than those technicalities. I had the freedom to teach my own way although there were certain guidelines I had to operate within. For me working there was preferable to working at a place with a different contract but with hassles.

But in your case the issue is that of abuse of power, abuse per se. Those are the poor working conditions and unless you could prove this abuse is going on (I believe you but it is hard to demonstrate those facts in a court of law, particularly if your co workers are too afraid to stand with you or simply do not want all the hassle) and have all the energy and time in the world to do so, please heed the good advice you have been given and GET OUT.

Start looking now for other work and it will happen if you are thorough in your job search. Japan can be scarey if you are unemployed but it is even worse if you are stuck in a school of the kind you are working at. It will suck your energy in whereas the kind of energy you will spend looking for another job, accommodation etc will benefit you in the longer term.

[Nath]

JimDunlop2,
Sorry to hear that you are a little disappointed with the response from NUGW Tokyo South. I am a member of the Fukuoka General Union, a sister union of NUGW Tokyo South. We have the same parent organisation. I am currently in collective bargaining with my own company. I suggest you contact the union again, join and meet with the Union reps face to face. Be prepared to travel though. Although the Unions are growing rapidly, the relative distances between Union branches mean that sometimes geographical isolation can be an issue. If you wish to stay with your company and fight then I suggest you do the following. Once you have joined the Union announce your membership to the management. Especially if your recruiting efforts face difficulties. If you are fired the company will be in very big legal trouble. If they do fire you do not worry. Tell them you do not accept their decision, you are willing to work, available to work and want to work. Do not sign anything. I repeat, do not sign anything. Contact the Union immediately. Ask the union to contact the Shokuan (Hello Work) office. You will receive Unemployment Insurance payments and the Shokuan will probably pursue the company legally. This is because by law the company must offer you Unemployment Insurance when you join them. Even if they do not offer it, you will still receive benefits from the Shokuan and the Shokuan will go for your employers. Let the Union arrange this for you.

When you meet the Union Reps allow them to go over your contract and tell them of your situation. They will advise you of what issues your employer can be tackled on. If you wish to go ahead with this, you can win. I am currently enjoying a three and a half month paid holiday courtesy of the Union's efforts. My company offered this in order to get me 'off the scene', as it were.

However, be aware the process can be very stressful. Very, very stressful. But some battles have to be fought, you know what I mean.
If it seems too much to take on, then take the very good advice of the other posters. Save some money and find other work. Whatever you choose I wish you the best of luck.

In Solidarity.

[JimDunlop2]

Hello again....

Thanks for the fresh batch of responses.... Much appreciated.... Perhaps for all those that have read (and responded) to this thread, you could continue onward to my Poll thread in the same forum: Are you satisfied with your current job?

Anyway..... I think it's valuable advice that I consider looking elsewhere for other employment. As I mentioned, there are some factors which make it a little more complex (some I'm not prepared to even bring up online, as if anyone from my company were to read it, it would identify me quite easily)...

But I do wonder a little bit about the advice that I'm getting... It seems that English teaching jobs are treated as "disposable" employment by both management and by employees. I find this rather disheartening and disappointing. I guess I'm not the type of person who will run and change jobs at the first sign of trouble... But it seems the world of privately-run and operated "eikwawas" in Japan is very much a "disposable" thing.... Before I moved to Japan, the places where I worked had many problems, but that didn't mean that the comapny wasn't worth fighting for to make it into a better place....

I guess for that reason alone it would make the presence of a union a bit of a moot point.

However, I do appreciate everyone's viewpoints...

To those who have responded to date: I will seriously consider leaving... But then again, everyone else is leaving all at once too... So far, the company has had a fair bit of trouble replacing recently vacated positions with new, qualified staff... I personally don't think they could even AFFORD to fire anyone even if they joined a union... We would have them by the short & curlies... believe me. I don't pretend that I am indispensible (cause I know I'm not) but at the same time, I think quite often teachers get scared by management & don't always realize that the company RELIES on you to do your job to succeed...> And if you leave unexpectedly (and take others with you) the school gets put into a very diffiucult situation.

For Nath: I've encountered this before (before I came to Japan) and I used to work in a union shop.... So I know the benefits a worker can gain in being a member. I was a proud member of the IBEW local#348(International Brotherhood of Electrical Workers) for starters.... I do intend to contact the union again and to get some more answers. In fact I've been approached by another employee of the company (I honestly wasn't expecting this) who wants to bring up issues with the management. I advised this person to hold off (at least temporarily) until I can get a better idea from the union what we are up against....

But can you answer me this question: Even if we DON'T face reprecussions for having brought in the union, doesn't that effectively destroy a person's chances for getting their contract renewed at the end of the year? (It's a one-year contract).....

Thanks again for everyone's input....

JD2

There's trouble fast approaching
And the skies are overcast
But let us not lose sight of
All the lessons of the past
The victories that were fought for
In battles loud and long
By the millions who sang a union song
-"Stand Together" by Bernard Carney

[Sherri]

Jim
It looks like you have a lot of thinking to do. Have you clarified your list of "demands" and talked to union officials yet? They should be able to set you straight on what to expect and your chances of success. In any case, as for your question on English teaching jobs being "treated as "disposable" employment by both management and by employees". Well this is true to a certain extent. How long do you plan on staying in Japan? I don't think that most people stay longer than a few years, they don't intend to make a life here. That is the major difference I would say. Other people don't really see teaching as their own "real" profession (they have no specific qualifications apart from a degree) and plan to do something different once they leave Japan, so they just don't care. But, there are schools out there that offer fair contracts and working conditions AND treat employees well. I worked for one place here in Tokyo for almost 10 years and many of the teachers I worked with stayed longer (many are still there). But the school only hires qualified EFL teachers with extensive experience in the field.

There are unfortunately many, many schools that hire people fresh off the boat, people who are not trained to teach EFL and people who don't intend to make teaching their career. These type of schools are difficult to organise.

Like I said before, just be careful how you tread. If the management gets wind of a union, they will make your life very unpleasant. If they fire you, they will not say "we are firing you because you are a union member". They will find other reasons, like students complained about you, or they will find examples of small mistakes you made like coming in 5 minutes late etc (I think you get the picture). As for your final comment on the 1 year contract, I think you answered your own question!

[JimDunlop2]

Sherri: Yup... I figured as much.... Thanks for clarifying things for me...

Yeah, the world of ESL has many people who don't consider teaching as their profession... Unfortunately this is not my case. I consider myself a teacher! It's difficult when others don't. One of my very good friends has taught ESL at a professional level at a Canadian college for her entire life, for instance, and still finds it a rewarding career.

It makes me mad when people say I'm not a "real teacher." One local fellow at the bar said it the other night. I didn't comment (as I have better fights to pick than that) but I felt like asking him: "So, what part of what I do isn't considered "real teaching? As far as I can, my duties are no different than those of anyone else in related jobs.... My job requires no less skill, lesson planning, preparation time and creativity than any other teacher...."

As far as being in Japan, I suspect it may be for a long time... However from what I can see so far, the best bet for finding a "good" company to work for is to live in Tokyo or another major city.... I guess this makes sense. But the living expenses go up accordingly.

Cheers,

JD2

[homersimpson]

Just a word of caution regarding the plethora of "good" companies to be found in Tokyo. Precisely because Tokyo is a big city, you'll find more than your share of fly-by-night operations. Don't assume the best jobs are there. Certainly there are more opportunities, but necessarily more "good" companies. You may find a position/company you are comfortable with in Nagano or Tokushima. Don't feel you must go to Tokyo to find a decent job, unless of course you want to move there. There are many who post on this site who are happy with their jobs who don't live in the greater Tokyo area. I live in Kagoshima. Maybe others can comment on their locations.

[Nath]

Hello again JimDunlop2,
Regarding the chances of second year contract after organising, up until last year I would have said don't worry. Until recently the Union website www.generalunion.org/ said that they had won every case of dismissal/contract non-renewal for union activity. However, with the new updated site the language has become a little more circumspect. "Great success" I think is the language now used. Perhaps we lost a case somewhere.

Although Sherri's cautionary advice is wise, unless a company really is suicidal it is unlikely they will fire you for union activity, creative 'excuses' or not. Especially if you have entered collective bargaining. It would be prudent to find out what the response of the legal system in your area has been when such cases have occurred. In Osaka it would appear companies roll over rather quickly because the courts are very sympathetic towards workers rights. However, with Tokyo I just don't know.

The strength of the Union lies not just in the legal support and negotiation skills they provide, but also the potential for 'fun' that you could have when a lack of settlement occurs. The press seem to like stories of workers showing their spirit and going up against companies. No company wants bad press and besides, the diplomacy of negotiation is preferable for all.

If you have weighed up the risks involved and you want to go ahead, then FIGHT! The more of us that do mean that over a long period we can make changes. This will bring benefits for all of us, not just in terms of improved contracts but also increased professional respect and training opportunities. Of course, you know all this but many haven't even considered it. That is the fear bred by the 'disposability' of this profession. At the risk of mixing my metaphors it is a self serving, downward spiral.

Whatever you choose to do, please keep posting your thought provoking articles.
In solidarity.