Look for the union label

While the world of Japanese labor has not yet produced a Cesar Chavez or Crystal Lee Sutton, charismatically leading the charge for workers' rights, there are more than a few collective groups looking out for the nation's laborers. One, the General Union, has, since its inception in 1991, been dedicated to improving working conditions and "supporting each other for the benefit of all."

There've been some great and terrible events lately involving the working lives of foreigners in Japan, and the GU has perhaps never been busier. Union General Secretary Dennis Tesolat - last month, in an interview held exactly one day after English language school chain Nova Corp. faxed workers to say that their salaries would once again be paid late - explains what the GU's been up to lately, as well as information he feels every foreign worker should know.

Kansai Scene: What is the mission of the General Union?

Dennis Tesolat: The General Union here works the same way unions back home work - our main, leading goal is to protect workers and guarantee their rights.

Obviously, the biggest news these days, as far as foreign labor in Japan is concerned, concerns Nova Corp. Can you tell me what the GU has done recently?

The day after we filed a complaint with the Labor Standards Office in September, Nova paid [the outstanding salaries for some of the company's teachers and trainers, which had been weeks late]. The LSO kind of shuns attention; obviously, showing up with cameras and the media put a lot of pressure on them to put a lot of pressure on Nova.

The payment problems are still ongoing, particularly for the Japanese staff.

Obviously, it's a bad situation; Nova really has to make a decision if they want to try to stay in business - in which case they should consistently pay their employees - or if they want to go bankrupt.

Generally speaking, if a worker has reason to believe the company they work for is going to go bankrupt, is it better to quit ahead of time, or to go down with the ship, so to speak?

If you stay and work until the company goes under, you can get 80 percent of your wages in unemployment insurance - that's wage protection the government offers. My opinion is, unless you have some other job lined up, quitting is not the best option. The LSO's position on quitting is, if it's a 'forced' quit, then you are eligible for the 80 percent. For example, if you've been paid late two times in a row, they're likely to regard that as a 'forced' quit and you'd probably only have to wait seven days to get your unemployment benefits. If your pay has only been late once, and you quit after the first time your salary is late, it's likely to be regarded as 'quitting for your own reasons,' and you'll likely wait months to get the same benefits.

Generally, what should an employee do if they go to their school or office one day, and find it locked up, with the lights off?

You should contact your Head Office and find out where they're putting you. Then, you go to the Labor Union and let them know your situation.

Local employment contracts, which often include no-fraternization and four months' notice requirement clauses, have been off-putting to quite a few foreign workers.

The contracts are valid. Even though some of the clauses may be blatantly illegal (the Osaka District Court ruled Nova's no-fraternization clause illegal in 2004), it doesn't invalidate the entire contract. As far as notice requirements, a good rule of thumb is, in your first year at the company, to give notice as its stated in the contract - whether that's four months' notice, or six months' notice, or whatever. After your second, third or fourth year, it's acceptable to give a regular amount of notice. Regardless of how much notice you give, however, the company must pay you your money - they can't withhold your salary, saying you failed to give the proper notice. If they say that you've harmed their busi- ness by leaving early, their only legal recourse is to sue you. They can't take your salary, however; if they do, they're in violation of the Labor Standards Office.

What if an employer is taking money out of your salary to pay for an apartment rented on your behalf, but not actually paying rent with the money?

You don't have to move, at least until you get an eviction notice - and then the landlord has to take you to court, which will probably take many more months. Technically, in Nova's case, the teachers have paid the rent - that is, they've paid money out of their salaries to stay in a rented apartment. This is where we have to give it to Nova; there are number of people there sincerely working to get evicted teachers alternative housing. It's not happening on a widespread scale, which is why I don't think that this is some intentional thing; it just seems as though there's a lack of coordination, and things are just kind of falling apart.

I'm sure you're aware that the GU has at times been criticized as ineffective and not entirely useful for employees who probably will not remain in Japan for a long number of years.

Without question, things are better for you in the Union, even if you're there for only a short time. Years ago, when the Union was just getting started, things were very different. Even now, being in the Union gives you much more help and information that you otherwise might lack. The Union has worked to get people paid holidays, unemployment insurance, much better benefits - for example, having lost wages covered if you have a medical emergency. Compared to what the Union is doing, and getting for workers, paying ¥3,000 a month in dues is nothing, I think.

Do you have any final advice?

This is extremely important: If you leave Japan with unpaid wages, you must make sure you leave your contact information overseas, so you can recover your money. If you stay in Japan, but switch apartments, make sure you leave your contact infor- mation. In the event Nova - or any other company - suddenly goes bankrupt, a receiver is going to take up the case and find out who is supposed to get unemployment benefits, back wages etc. If they can't reach you, there's nothing they can do!

The situation at Nova affects a lot of people, and the Union is really trying to use its power to help everyone, union and non- union members alike. If they do decide to leave, people are free to leave their contact information here, so that, hopefully, they'll be able to recover some of their wages.

Text: Jeff Lo
Illustrations: Michael Napolitano