Job Discussion Forums

[big dog]

If this policy is against the law how does Nova enforce it??? Dont they get there asses sued all the time

I am new to Nova and Japan and was wondering about the whole health care issue that is now being talked about on all the boards. Will NOva fire me if I ask for it(as they pay 50/50)

I hear about Novas union on the internet but at work I have never heard anybody talk about it. Does the union have any power?? Also does nova find out if a join. I am on probation and would not want to be fired

Thanks

[PAULH]

[PAULH]

Question: My employer has not paid me nor has he given me the holidays promised before I came to Japan. We haven't reached an agreement yet despite several discussions. I'd like to organize a labor union to better negotiate with the company for foreign colleagues as well as myself. What do I have to do to organize a labor union ?

Answer: Even foreign employees have the right to organize a labor union, bargain collectively and go on strike. These rights are guaranteed by the Constitution of Japan for every employee, regardless of nationality. In addition, the Labor Unions Law safeguards against unfair labor practices and provides a labor committee system to affirm the rights of workers. It also provides for the requirements of a labor union that can be protected by the law.
According to the law, a labor union shall be; an organization formed substantially by employees, / independent of the employer, and an organization that operates in a democratic manner (in terms of the operation of the union itself as well).

If such requirements are properly met, a labor union can make its presence known, and there is no need to be authorized by any civil authority or report thereto. A labor union as such shall have at least two members. Most Japanese labor unions are company ones, but there are no legal regulations outlining how a labor union may be formed. Consequently, employees may organize a labor union by region, occupation, or by affiliated companies. A labor union shall have the right to bargain collectively with the company for which its members work, regardless of the number of members. There is no system in Japan like the exclusive negotiation representative system in the United States of America (where only a labor union that has a majority of employees is endowed with the right to bargain collectively).

Labor Unions Law (Labor Unions)
Article 2. Labor unions under the present law shall be those organizations, or federations thereof, formed autonomously and substantially by employees for the main purpose of maintaining and improving working conditions and for raising the economic status of employees.


Question: I am a student at a Japanese language school. I work at a restaurant almost every day to supplement my income. My hourly payment was initially \800, and the employer promised to give me a raise sooner or later, but he has not raised my salary at all so far. I was not able to discuss it well with my employer because I could not make myself understood in Japanese. Although this concerns only me, would I be able to get any support from a labor union ?

Answer: Although you are staying in Japan with a "student" resident status, as long as you work, you are, of course, under the protection of the labor laws, and you can expect support from a labor union.The simplest way is to join a joint labor union, which you can join as an individual, and negotiate with your employer through the union. There are not many joint labor unions in Japan now, but it is not unusual for a joint labor union to provide a labor advisory service to an individual who does not belong to the union, and find a solution to the problem together after he/she joins the union.

If you need more detailed information, please go to a joint labor union for a consultation. As mentioned earlier, a labor union has the right to bargain collectively with the company for which a union mender is working, regardless of the number of members.

This means that even if you are the sole member of your company who belongs to the labor union, the union can bargain collectively with the company for you. If this is the case, a company is legally obliged to satisfy a request for collective bargaining from the union. If the company refuses without any fair and appropriate reason, it will constitute an unfair labor practice by the employer. This will be more favorable to the employee than if he/she negotiates with the company by himself/herself. If an employer treats an employee disadvantageously by dismissal or reducing his/her wages because the employee has joined a labor union, this also constitutes an unfair labor practice. If an employer commits an unfair labor practice like this, the labor union or a member employee will be entitled to complain against such an unfair labor practice to the Labor Relations Commission. The Labor Relations Commission will then make inquiries into, and consider the matter. If the commission finds the labor practices in question to be unfair, it will issue an order to protect the employee. In addition to this, the labor committee is supposed to act positively as a third party to solve labor disputes by reconciliation, mediation or arbitration.

Labor Unions Law (Unfair Labor Practice)


Article 7. An employer shall be forbidden to carry out the following practices;

to discharge or discriminate against an employee by reason of his/her being a member of a labor union, having tried to join or organize a labor union, or having performed official acts of a labor union; or to make it a condition of employment that the employee must not join or must withdraw from a labor union; (A provisory clause is omitted.)

to refuse collective bargaining with the representative of an employee or employees by an employer without fair and appropriate reason;

to control or interfere with the formation or management of a labor union by employees or to give financial support thereto in defraying the labor union's operational expenditure. (A provisory clause is omitted.)

[Rorschach]

[Iwantmyrightsnow]

[PAULH]