|
Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
wangtesol
Joined: 24 May 2005 Posts: 280
|
Posted: Tue Oct 04, 2005 5:57 am Post subject: silencing labor law education voices |
|
|
Wow, first Paul H is silenced by ESL Cafe, and now the thread about that is also silenced.
I think in the W5 thread we were getting to how can Dave's ESL Cafe claim to be a leader in EFL law, and yet silence labor law educators.
So, I will ask, generally, how can Sperling write in The EFL-Law.com Book that
Quote: |
We need dissemination of the laws and legal situations that teachers must know before going to a foreign country....My forums and EFL-Law will be the leaders - but progress is going to be difficult and take time. |
and yet silence labor law educators?
If Sperling is so weak in the face of demands of advertisers that he is in constant peril of being closed down, then he cannot claim to be a leader in labor law education. Period! He can claim to be a contributor but not a leader.
The private language industry is unregulated, and websites like these just promote labor law abuses if they allow scofflaw businesses to bully them around. Maybe it is time to put our support behind a similar forum that cannot be bullied about. |
|
Back to top |
|
 |
JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
|
Posted: Tue Oct 04, 2005 7:13 am Post subject: |
|
|
Ok, let's set some things straight. I locked the W5 thread. I didn't delete it. If I wanted to "silence" discussion on this, the thread wouldn't be there anymore. And for that matter, neither would this one.
Then, you are trying to combine two very different issues. You can very easily be an authority on labour law and labour law issues without pointing fingers at specific schools or companies. You do not need to be an activist in order to be an expert, though I can see how someone might confuse the two.
On the contrary, if your goal is educating people, it's probably best not to involve blacklists, as that might indicate to people that you have ulterior motives. In fact, the "Survival Manual: A Guide to Foreigners' Rights in Japan" compiled by the Solidarity Network with Migrants Japan (ISBN4-88319-330-6) is a great reference, and nowhere does it need to mention examples of lawbreakers. Learn what the law is, and what your rights are, apply it to your workplace and contract and ask yourself whether there are discrepencies.
Before I moved to Japan, (and after I did) I ran some questions by the folks on Dave's, asking questions like: "Does this contract look OK to you guys?" But I also took care to remove the name of the school from the document, for a number of reasons, the least of which was, I didn't want pre-existing bias to interfere with the responses.
Finally, I will say this only once more: What happened between Dave and PaulH is between them. If Paul himself chooses to talk about it, that's completely up to him -- but I discourage anyone from speculating without knowing the full story from both sides. for what it's worth, I don't know it either -- it hasn't been revealed to me, so I will not presume to judge either way. As a clarifying point, Paul was in no way silenced, he is still an active user on this forum and has the right to speak out on issues he sees fit. Dave has however made it clear that the moderators are to stay away from partisan discussions regarding schools or companies. If a mod makes claims that XYZ School has a bad reputation, that makes Dave's editorially responsible for those claims.
aclarke: the ad rates and contact info for Dave are (and always have been) available from the main ESLCafe page. If the union wishes to go that route, the option is likely there. |
|
Back to top |
|
 |
wangtesol
Joined: 24 May 2005 Posts: 280
|
Posted: Tue Oct 04, 2005 10:01 pm Post subject: |
|
|
Okay, thanks for keeping this thread open, Jim. I hope this helps people to better understand how ESL Cafe works.
But you write that
Quote: |
Paul was in no way silenced |
However, you have to admit that Paul was dismissed as a Forum moderator, and as such, a reasonable person would think in some way, that he was silenced since he can no longer post "Stickies" and cannot moderate the Forums. We can have different definitions of "silencing". That's fine.
But, and I would like Sperling to answer this, how can ESL Cafe claim to be a leader in labor law education and yet dismiss a labor educator?
You also talk about the difference between labor experts and labor activists. For a person to claim to be an expert in labor law in Japan, well, they would need formal training in labor law such as a degree in labor law. Of course, expecting labor lawyers to be unpaid ESL Cafe moderators is ridiculous.
So, one the better sources on labor rights are labor activists who deal with a variety of labor cases. Just reading the Solidarity with Migrant Workers Japan book does not make one an expert. It is a good start and I would encourage people to read it, but please. Even in this book they recommend that if you take up a dispute with your employer it is best to do so with a union. The Network recommends that:
Quote: |
If a worker tries to make his/her voice heard or act individually in an attempt to improve working conditions at work, he/she may be harassed by the employer or by the immediate boss, ending up being forced to quit the company. In order to empower workers to make changes in working conditions and the working environment, workers are encouraged to organize a trade union within the company or consider participating in a general or joint trade union established outside of the company which individuals can join. |
Would you recommened such advice from this book that you just promoted, Jim? |
|
Back to top |
|
 |
JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
|
Posted: Tue Oct 04, 2005 11:38 pm Post subject: |
|
|
wangtesol wrote: |
However, you have to admit that Paul was dismissed as a Forum moderator, and as such, a reasonable person would think in some way, that he was silenced since he can no longer post "Stickies" and cannot moderate the Forums. We can have different definitions of "silencing". That's fine. |
Another possible explanation is that knowing the constraints placed on him as a moderator, he CHOSE to step down (or to be dismissed). Though he cannot post stickies or moderate forums, he is even in a stronger position to pursue an activist role -- not something easily done as a mod with Dave being responsible for what the forum leadership says/does. I'm not saything that IS what happened, but rather, that we can perceive an event in more than just one light, and even something as apparently bad as a mod's dismissal may have a positive side.
wangtesol wrote: |
But, and I would like Sperling to answer this, how can ESL Cafe claim to be a leader in labor law education and yet dismiss a labor educator? |
Because, (without pretending to be Dave's mouthpiece) Dave's ESL Cafe is not Debito Arudo's website.
Maybe I can shed some light on it this way... I used to work for a company back home in Canada, who had a peculiar condition of employment. It stated that we were forbidden from EVER, for ANY reason, from setting foot on the premises of a certain competitor we had. Even if it were on our own time, for personal reasons, if it were discovered that we were there, it would result in our immediate dismissal. This stemmed back to a lawsuit from years past where employees would "cross over the line" to insult and harass people from the other company. Nevertheless, I could have been the top employee, with the most company accolades, but that wouldn't have stopped me from being fired if I had broken the rules.
Dave didn't dismiss ALL the labour educators. Paul, though I like the guy very much and believe he contributes tremendously to the forum, is not the only one who can be called an educator here. As such, I am not so concerned about Dave's claims to be a leader in labour law. I WOULD be much more concerned, on the other hand, if Dave were to start dismissing all such people,
wangtesol wrote: |
You also talk about the difference between labor experts and labor activists....
....Would you recommened such advice from this book that you just promoted, Jim? |
Yes, of course. But I still think my point stands. Herein lies the difference between an educator and an activist. The book is a good reference for learning about labour laws and your rights in Japan, but it does not point fingers at specific companies or schools to do this. You will notice that all "examples" in the book are fictional. Do you think that this book would still be on the bookshelves if it blacklisted schools? It probably wouldn't have been even published.
wangtesol, if you want to take it upon yourself to start a grass-roots campaign that empowers teachers and gives them a blacklist to work from so as not to end up at a dud school, you would be doing a great service to the community -- just don't try to do it within the context of Dave's. The two are just incompatible, though I'd say there is a time and a place for both. This is not meant as an insult, but you're bringing nothing new to the table here -- this debate about advertising dollars versus freedom of expression on Dave's rages on each time Dave pulls a sticky or charges the mods to remove threads about certain schools. This will not change anytime soon... I regret that I've been here long enough to experience both sides of this coin... Unfortunately nothing ever becomes of these debates because no one has ever taken the initiative to act on their beliefs. They also tend to result in things getting nasty and the thread getting removed (one way or another) in the end... If you really believe that a blacklist of schools is what's called for, gather up some people to help you (and I'm sure Paul would be honoured if you asked him) and put together something... Just ensure that you don't do it on Dave's...
I think we must be careful in how others perceive us. Yes, in an ideal world, Dave's would have a nice, long blacklist and allow people to express freely their opinions on each one, good or bad. However this is the world of mean people and lawsuits.... And just the very thread of one is usually enough to get people to change -- it's not about being right or justified, it's about staying afloat.
In any case, to answer your final question, I definitely recommend people follow the advice given in the book I spoke of in my previous post. It's good advice. I've often encouraged union membership on Dave's.
If anyone has anything constructive to bring to this topic, then you're free to do so. I am perfectly willing to engage in lucid, reasonable discussion about this, so long as we doesn't start to get nasty or start arguing in circles. |
|
Back to top |
|
 |
PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
|
Posted: Wed Oct 05, 2005 12:11 am Post subject: |
|
|
Just for the record,
this talk of developing a website has been broached before and Bearcat has in fact set one up to deal with the Smith school issue. that issue got bounced off three web forums due to outside pressure from clients and schools alike.
The only way you can keep the thing on the Web is to build a firewall between the owner of the website and the content. This was done by making the owner of the website anonymous, so even the server can not be threatened or bullied by people wanting to make a complaint. Im sure he will provide the details.
Setting up a website to criticise schools is a noble idea, but there are a couple of practical considerations.
people come here to find out about language schools and though its all very well having a link to a website the blacklist still has to be maintained and updated. People who start up a website will have to buy space on a server that can not be intimidated, threatened or bullied, preferably not in japan. ELTnews was threatened over such posts on theor forum a year or two ago.
websites thrive on trafffic and you need some way to keep people coming back, and at the top of search engines. im not an expert on this, but Im not sure people will specifically go to a website to read the dirt on some language school, and it should be a part of a much larger site, rather than shunted off into the background like an embarrassment. From personal experience updating and maintaining websites, even moderating takes up a lot of time and i wonder how many people would devote time to it, longer after it has lost its initial appeal and novelty.
Its almost like Daves is a big house and the blacklist is kept out in the outhouse where no one can see it. No one actually goes out there unless they have to and would rather it was in the living room where all the action is. Becuase the list was on the stickie, in a visible place with lots of traffic thats why it attracted the wrong kind of attention. Out on another site, if you blink you might actually miss it, but you still need people to update and maintain the website and provide traffic. All you get then is maybe half a dozen people who will frequent the site. You still then get the issue of links to the site being deleted as its guilt by association. people will still complain if dave has a link to a blacklist on another website. Can't win for losing.
How many people will do the actual dirty work of collecting information? A Blacklist should not be a web version of National Enquirer looking for muckraking salacious dirt on an employer. the Blacklist on here tried hard where possible to provide supporting data on employers based on direct anecdotes, posts pulled from other forums about that employer, information based on written contracts. I was sent copies of contracts that had more holes than a fishing net.
I have been sent information that the owner of one school had ties to organised crime. I believe it is up to language schools that advertise on here and are offended by what is written about them to prove and show that they are abiding by Japanese labor laws, rather than for a blacklist to show they are not defaming people, which I think is the case here.If they were law abiding and honest in the first place none of this would be necessary.
Most school owners will not actually come on the forum publically and defend themselves but will hide behind lawyers and pseudonyms. Mark Smith used about 3 or 4 different pseudonyms on the thread on gaijinpot but would never actually use his real name or defend his company practices in public.
Some schools would have a hard time showing that they were completely innocent but find it much easier to shake down the messenger or go after the site owner when they read something they find to be disagreeable but not untruthful. This is where the essence of this problem lies.
I am not angry at Dave for canning me at all, merely disappointed and it doesnt really bother me if Im a Moderator or not- Im not in it for the ego and I have plenty else going on in my life to keep me occupied offline. He will do what he wants to or has to do. If he wants the use of my services I am here, but i refuse to be part of any white-washing or coverup and I will just let things take their course. |
|
Back to top |
|
 |
wangtesol
Joined: 24 May 2005 Posts: 280
|
Posted: Wed Oct 05, 2005 12:29 am Post subject: |
|
|
Okay. Thanks for answering those questions, Jim.
Paul has just made it clear he was dismissed by ESL Cafe; he did not step down. |
|
Back to top |
|
 |
Stosskraft

Joined: 12 Apr 2004 Posts: 252 Location: Japan
|
Posted: Wed Oct 05, 2005 12:39 am Post subject: |
|
|
Quote: |
I am not angry at Dave for canning me at all, merely disappointed and it doesn't really bother me if I'm a Moderator or not- Im not in it for the ego and I have plenty else going on in my life to keep me occupied offline. He will do what he wants to or has to do. If he wants the use of my services I am here, but i refuse to be part of any white-washing or coverup and I will just let things take their course. |
Sorry to hear that PaulH. I for one thought you were one of the backbones here on Dave`s.
This site is slowly falling from grace and will soon become a has-been. I have limited my posting and support for this site, since the Lingo School fiasco and will continue to do so. Just recently my school asked my opinion on what site they should and shouldn't use for advertising for a new teacher. I made sure to fully discourage them from posting here and now they have taken their business elsewhere.
If Dave`s is going to make sure shady schools don't come to light here, then I will try to make my best effort to make sure good schools don't advertise here also.
Let this site be supported by the Lingo`s out there and see how long it lasts! |
|
Back to top |
|
 |
Big John Stud
Joined: 07 Oct 2004 Posts: 513
|
Posted: Wed Oct 05, 2005 5:10 am Post subject: |
|
|
Davesesl is still a lot better than guijinpot. You have a lot more chances of getting warned here than on guijinpot. A few other employees and me posted a thread on guijin pot warning people to call the labour board to find out about a very corrupt company, we all got band!
If you are going to discourage a school from advertising on a website, discourage them from using guijinpot! |
|
Back to top |
|
 |
JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
|
Posted: Wed Oct 05, 2005 6:09 am Post subject: |
|
|
Stosskraft wrote: |
I have limited my posting and support for this site, since the Lingo School fiasco and will continue to do so....
...Let this site be supported by the Lingo`s out there and see how long it lasts! |
Fair enough. But in the end, I'd still hope that if you know something about a school, you would be willing to share that information with a person who asks, even if it's a PM. I have personally done so at least a couple times as I didn't want my associations and exact location in Japan known for a number of reasons.
I don't think Dave's users withholding information is really a viable solution -- it may be an attempt to punish Dave's and the crappy schools that may advertise here, but rather, it tends to hurt those naive teachers who come in green and don't know any better. As for recommending to a school that they not advertise here... Well, I suppose that's one way to approach it, but I tend to think that's about as effective as when someone sends me an e-mail telling me to boycott Shell or Esso (or whatever gas station has the high price of the day). The only person affected is you -- it cheezes you off, raises your blood pressure, and inconveniences you that day, because if you're like me, you go to the gas station that's close to home or work, and not the one on the other end of town because someone told me to boycott the one you usually go to.
There are no easy solutions to this one. My own solution is to just plod on, answering questions, helping people and giving advice when people ask. If, at any point I find that Dave's is a hinderance to achieving that end, I will just find an alternative method to pass my message (like via. e-mail), which I've also done on a few occasions. |
|
Back to top |
|
 |
lajzar
Joined: 09 Feb 2003 Posts: 647 Location: Saitama-ken, Japan
|
Posted: Wed Oct 05, 2005 10:36 am Post subject: |
|
|
I do get the distinct impression that there is little point in trying to post any warning information on this site, when it is now established site policy to delete such warnings, even when they are apparently carefully vetted for honesty. |
|
Back to top |
|
 |
hip-hop boy78
Joined: 02 Dec 2004 Posts: 90 Location: Hip-hop land
|
Posted: Wed Oct 05, 2005 1:41 pm Post subject: |
|
|
It is starting to look like Dave's ESLcafe is no longer a place in which to find honest, open and reliable information about certain language schools. Any hint of a thread harming the interests of a school that advertises on this site is soon yanked or closed. And what was Sperling thinking when he decided to drop the legend that is PaulH???
Anyway, I remember checking out this site for the first time over five years ago now and I was suitably impressed with what I found. Unfortunately I can no longer say the same...  |
|
Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Tue Oct 11, 2005 4:45 am Post subject: Dave's vs. Gaijinpot |
|
|
Even with this incident, I'll admit this forum allows a lot more freedom of expression that any of the alternatives. Gaijinpot has an obligation to kill any threads that their paid advertisers find objectionable. Most of the ads on Gaijinpot are from shady employers that are breaking the law one way or another and most of the posts are from people that have worked for one or more of the above mentioned companies at one time or another. There's a definite problem with conflict of interest there that there isn't here.
Gaijinpot even killed the thread on Dave's demotion of Paul. |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling. Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|