Job Discussion Forums

[yamanote senbei]

GABA: Teaching is Learning?

Starting December the General Union will start a new organizing drive at a new, but expanding Kansai employer, GABA. An employer who has now started advertising itself as the future of language education in Japan and under the �teaching is learning� slogan above. This is an employer where if we do not win improved working conditions for teachers and staff, truly has the ability to become the future for all language industry workers. This future for you will be the same conditions that GABA employees now enjoy, namely:

NO paid holidays at all.

NO set or guaranteed working hours or salary.

￥1400 per class when they give you a class.

NO unemployment insurance.

NO health and pension insurance.

NO rights to overtime pay or extra time pay regardless of working hours or working time.

NO right to thirty days notice in case of dismissal.

NO rights under any Labour Law in Japan.

NO right to join a union since GABA workers are not employees.

How can they get away with it? Simple, you call your teachers subcontractors, tell them that they�re FREE as they aren�t bound by set working hours and hope like hell that no one like the union finds out. But we have. Now it�s time to act.

We hope that each and every union member can participate even a little in organizing at GABA and making sure conditions meet the minimum standards that the union has set in the industry.

You can start participating by visiting

http://www.gaba.generalunion.org/helporganizegaba.htm

and taking a 2 minute survey to help guarantee your future and bring better working conditions to GABA teachers and staff.

GABA: Teach �em �till they learn!!

ALL JAPAN TOUR

[generalunionone]

The above posted ad is meant for those who are not currently working at GABA but are interested in helping organize teachers at GABA. If you currently work at GABA, please visit www.gaba.generalunion.org

Sincerely,
Dennis Tesolat
General Union, General Secretary

[Glenski]

NO right to thirty days notice in case of dismissal.

NO rights under any Labour Law in Japan.


How can the above be so? They are employed, therefore they HAVE RIGHTS. Heck, even illegal workers are entitled to the same rights.

So what if they call their teachers "subcontractors"? They are still employees, aren't they? This should be a slam dunk for the union.

[yamanote senbei]

Gaba mistakenly considers their teachers to be independent contractors, not employees.

Let's go over a few things on their website:

http://careers.gaba.co.jp/require/visas.html

"Bank account information (a bank book is required for all accounts unless it is held with Citibank or Shinsei; we do not accept Japan Post, or yuubin, accounts)"

This is probably illegal.

http://careers.gaba.co.jp/faq.html

"Q4. Are there part-time and fulltime instructor positions?
A4. No, because our instructors work as independent contractors or consultants, they are not technically employed by Gaba. We offer our instructors what's called an itaku, or entrusted, contract. It gives them the flexibility to submit their own schedules, work as little or much as they want, which could work out to be part-time or fulltime hours."

"Q6. Is there a dress code at Gaba?
A6. Yes, all instructors and staff are required to wear a black suit when they are in the Learning Studio. Men must wear a tie and women must wear a collared shirt."

Truly independent contractors don't have to abide by a dress code dictated by the party they they have a contract with. Only employees must. There's a checklist that the Ministry of Health and Labour uses to determine who's a contractor and who's an employee, and dress code is one of the things on the list. What Gaba is doing is camouflaging their employees as contractors so Gaba can try to get out of legal obligations like paid annual leave, Shakai Hoken, etc.

It's all done to exploit their teachers, as if paying them close to fast food industry wages wasn't enough exploitation already.