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Union claims Aichi alts working illegally
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TokyoLiz



Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan

PostPosted: Mon Oct 19, 2009 11:40 am    Post subject: Union claims Aichi alts working illegally Reply with quote

This just appeared on the Kyodo news site this evening. FYI, Kyodo feeds news to other news outlets in Japan and abroad.

A labour union comprising foreign workers in Japan on Monday requested the Aichi prefectural education board to address the situation of English language instructors at primary and secondary schools who they say are working under illegal contract conditions.

http://home.kyodo.co.jp/modules/fstStory/index.php?storyid=465915

Does anyone know more about this story?
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robertokun



Joined: 27 May 2008
Posts: 199

PostPosted: Mon Oct 19, 2009 1:08 pm    Post subject: Reply with quote

I could be wrong, but I thought basically every dispatch ALT works under illegal contract conditions. I'd be surprised if this really shocks anyone. I'd be more surprised if the BOE did anything about it.
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GambateBingBangBOOM



Joined: 04 Nov 2003
Posts: 2021
Location: Japan

PostPosted: Mon Oct 19, 2009 1:23 pm    Post subject: Reply with quote

They won't do anything about it until the government says that they are hiring ALTs illegally.
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Inflames



Joined: 02 Apr 2006
Posts: 486

PostPosted: Tue Oct 20, 2009 12:57 am    Post subject: Reply with quote

Here's the full story:

http://www.japantoday.com/category/crime/view/union-claims-english-instructors-hired-illegally-at-aichi-schools

Basically (at least it's my take) they're claiming that the ALTs are in violation of the law, which states that ALTs must be under the control of the principal.
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Tue Oct 20, 2009 5:31 am    Post subject: Reply with quote

it is in the Japan Times as well in today's issue
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Oct 20, 2009 8:06 am    Post subject: Reply with quote

Inflames wrote:
Basically (at least it's my take) they're claiming that the ALTs are in violation of the law, which states that ALTs must be under the control of the principal.
The Japan Times' story says it is the BOE, not the ALTs, who are in violation.

The title from your link clearly says that the ALTs are not to blame:
"Union claims English instructors hired illegally"

Other snippets:
"English language instructors at primary and secondary schools who they say are working under illegal contracts"

"The union alleges that their employment terms are in violation of the Worker Dispatch Law."
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TokyoLiz



Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan

PostPosted: Tue Oct 20, 2009 9:36 am    Post subject: Reply with quote

Those ALTs and Japanese dispatch teachers who are working at Kanto area schools have the Nambu Union as a resource. On their page regarding ALT issues, a number of alledged violators, dispatch companies, are identified. But not the BoEs who contract them >Sad

www.nambufwc.org
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Oct 20, 2009 12:38 pm    Post subject: Reply with quote

TokyoLiz wrote:
Those ALTs and Japanese dispatch teachers who are working at Kanto area schools have the Nambu Union as a resource. On their page regarding ALT issues, a number of alledged violators, dispatch companies, are identified. But not the BoEs who contract them >Sad

www.nambufwc.org
It takes two to tango, Liz.

Japan Times article says:
"The union charges that by going through agencies, the school boards are "avoiding the obligation of hiring them directly that comes after a certain period of (temporary) employment has elapsed.""

So, in one respect, this is a BOE issue.

It also said:
"The Tokai municipal board of education is "especially malicious in that (it) has refused a demand for collective bargaining," the union said."

Tell me this point is a dispatch agency one. It isn't. If I remember correctly, refusing to collective bargain with a union is a violation of either civil law or labor standards. That's the BOE's fault, not the dispatch agency.

Now, the fact that the article also says:
"English-language instructors at public schools who they say are working under illegal contracts."
without further defining what this means, strongly suggests that in this respect the dispatch agency is another problem here. Exactly what the illegality is has not been fully described, and I wish there had been better reporting to tell us.
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Inflames



Joined: 02 Apr 2006
Posts: 486

PostPosted: Tue Oct 20, 2009 2:48 pm    Post subject: Reply with quote

Glenski wrote:
Inflames wrote:
Basically (at least it's my take) they're claiming that the ALTs are in violation of the law, which states that ALTs must be under the control of the principal.
The Japan Times' story says it is the BOE, not the ALTs, who are in violation.

The title from your link clearly says that the ALTs are not to blame:
"Union claims English instructors hired illegally"

Other snippets:
"English language instructors at primary and secondary schools who they say are working under illegal contracts"

"The union alleges that their employment terms are in violation of the Worker Dispatch Law."

If the law in question (that the union is using) is the one regarding everyone being under the control of the principal, the way the law is almost certainly written makes the ALTs in violation of the law (and probably on a level equal to the dispatch company). But, without more information, it's not possible to tell. Moreover, the link clearly did not say the ALTs were not to blame but only that the union says they are not to blame.

It seems the union is also taking aim at dispatch companies and the gaps they have in employment between school contracts (during which ALTs are technically unemployed and can legally claim unemployment), despite the fact that school boards generally contract until March 31st.
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TokyoLiz



Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan

PostPosted: Tue Oct 20, 2009 3:47 pm    Post subject: Reply with quote

Glenski,

Exactly my point - the BoEs think they are above the law, disregard the labor rules and contract with these dispatch companies that fudge contract terms. All parties ought to be accountable.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Oct 20, 2009 9:48 pm    Post subject: Reply with quote

Inflames wrote:
If the law in question (that the union is using) is the one regarding everyone being under the control of the principal, the way the law is almost certainly written makes the ALTs in violation of the law (and probably on a level equal to the dispatch company).
That means complicity, an outward flagrant breaking of the law by the ALT. I can't believe that such a thing is true most of the time. ALTs are often unaware of the law, so I wouldn't put any blame on them, but rather on their employer.

Quote:
But, without more information, it's not possible to tell.
Yup, I agree. We need better reporting.

Quote:
It seems the union is also taking aim at dispatch companies and the gaps they have in employment between school contracts (during which ALTs are technically unemployed and can legally claim unemployment), despite the fact that school boards generally contract until March 31st.
Where did you read that (former point)?
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Mr_Monkey



Joined: 11 Mar 2009
Posts: 661
Location: Kyuuuuuushuuuuuuu

PostPosted: Tue Oct 20, 2009 11:55 pm    Post subject: Reply with quote

Glenski wrote:
[That means complicity, an outward flagrant breaking of the law by the ALT. I can't believe that such a thing is true most of the time. ALTs are often unaware of the law, so I wouldn't put any blame on them, but rather on their employer.
True.

However, ignorance of the law is never acceptable as a reason for breaking it. I would expect the Japanese legal system to apply equally in this regard, as I would expect it to apply in all others - it is not clear which union is involved in this dispute (I may have missed this as the Kyodo story is not accessible from abroad without a corporate subscription, it seems), but they seem to be playing a fairly high-stakes game with the system here - the ALTs are violating the law, the dispatch agencies are breaking the law, and the BoEs are breaking the law.

I wonder who will be the loser in this situation...

*edited for spelling: despatch -> dispatch


Last edited by Mr_Monkey on Wed Oct 21, 2009 1:59 am; edited 1 time in total
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crankyjiji



Joined: 11 Nov 2007
Posts: 21

PostPosted: Wed Oct 21, 2009 12:45 am    Post subject: Reply with quote

My friend works as an ALT in Aichi. The union recently sent some sort of notice in English to her at the school without a return address. A while later, the principal of the elementary school pulled her aside and instructed her to not say anything to anyone who contacted her. She just gave him one of those phony "Hai. Wakarimashita." answers. Such is life in Japan as a slave worker. Sad
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TokyoLiz



Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan

PostPosted: Wed Oct 21, 2009 12:53 am    Post subject: Hm, why didn't the media outlets name the GU? Reply with quote

This JALT Hokkaido post claims it is the GU, a significant detail omitted from the news stories.

http://jalthokkaido.net/blog/?p=647

General Union provides links to the current news stories on their news page

http://www.generalunion.org/News/599
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robertokun



Joined: 27 May 2008
Posts: 199

PostPosted: Wed Oct 21, 2009 9:33 am    Post subject: Reply with quote

Yeah, I thought basically all dispatch ALT's are illegal because, and I can't remember what the correct term is, we're on "camouflage" contracts, or something like that. Technically, since the dispatch company is your employer and not the BOE or the school you work at, your school can't legally instruct you on what to do.

Of course, this is insane because when you are going to teach a class about baseball for third grade English comprehension or whatever and the cooperating teacher tells you she/he wants you to make a lesson plan or an activity, they don't fax a request to your dispatch company to ask them to fax you a request to make a lesson plan or activity about baseball. It's obvious that as an ALT you are working with the teachers at your school and not with anyone at the dispatch company office wherever that may be.

But, the BOE and everyone else can pretend like they're in LaLa Land and you can't do anything about it. Most ALT dispatch company contracts are filled with illegal clauses themselves (which I'd venture a guess might make the entire contract invalid, or at least those clauses of course,) but again, whaddya gonna do? You have no money, you're a foreigner, probably don't speak Japanese and are probably going to be out of here in less than a year from the time you realize all this. The ALT dispatch company has lawyers, lots of money, lots of time, and speaks Japanese.

The seriously sad part about it, is that the board of education could direct hire you for cheaper than what they pay the dispatch companies to hire you. The argument is always that it saves the BOE's headaches and whatever, but my dispatch company didn't secure my housing, or train me, or provide any other service to me or the BOE. They just were the ones to put the job ad online and interview me, and now they overcharge the BOE and underpay me.

By they way, if anyone wants to get all the details about their respective dispatch company's financial dealings with the BOE and a host of other info such as who has ditched their contracts at what schools and whatnot, all this information is on file with the BOE and available to you due to the freedom of information act. I'll tell you, it's very interesting to see your company's winning bid price and shacho's signature under that huge sum of money, then hear shacho spout a bunch of b.s. at the next company function.

You might want to ask your local union representative to check into it for you if you're interested.


Last edited by robertokun on Wed Oct 21, 2009 12:26 pm; edited 1 time in total
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