IHT/NYT: As its work force ages, Japan needs and fears Chinese labor

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Hi Blog.  Another article of note saying what we’ve been saying here all along.  Debito in San Francisco

International Herald Tribune
As its work force ages, Japan needs and fears Chinese labor
Friday, August 15, 2008
 
Li Shude, 24, a Chinese man who came to Japan as a so-called foreign trainee, weeding Noriko Yui’s lettuce field in Kawakami. He earns $775 per month. (Courtesy NYT)
Courtesy Dave Spector

KAWAKAMI, Japan: After a day’s work in the lettuce fields, the young Chinese men began arriving at their favorite gathering spot here, a short concrete bridge in the center of town. Soon, more than a dozen were leaning against one of the railings, one man leisurely resting his elbow on another’s shoulder, others lighting Chinese cigarettes.

Some Japanese crossed the bridge on foot, hugging the other railing, followed by a young Japanese man the Chinese recognized on sight. “Japanese?” one of the Chinese workers joked.

“Japanese, of course,” the passer-by said without slowing down. “You can tell by looking.”

The brief exchange was a subtle recognition of the conspicuous presence of 615 Chinese living temporarily in Kawakami, a farming community of about 4,400 Japanese residents about 100 miles west of Tokyo. Five years ago, unable to find enough young local residents or to draw seasonal workers, Kawakami’s aging farmers hired about 40 Chinese on seven-month contracts.

Now half of the town’s 600 farming households depend on temporary workers from China. And Kawakami expects to hire more foreign workers next year, not only from China but also, for the first time, from the Philippines.

With one of the world’s most rapidly aging populations and lowest birthrates, Japan is facing acute labor shortages not only in farming towns like Kawakami but also in fishing villages, factories, restaurants and nursing homes, and on construction sites. Closed to immigration, Japan has admitted foreign workers through various loopholes, including employing growing numbers of foreign students as part-timers and temporary workers, like the Chinese here, as so-called foreign trainees.

But that unofficial supply route has left some businesses continually scrambling for a dependable work force and the foreigners vulnerable to abuse. With Japan’s population projected to decline steeply over the next decades, the failure to secure a steady work force could harm the nation’s long-term economic competitiveness.

“It’s not only in farming but everywhere else,” said Kenichiro Takano, an official at Kawakami’s agriculture cooperative. “If we don’t at least start by allowing in unskilled laborers for a limited period and for a limited number of times, and then come up with long-term solutions, Japan won’t have a sufficient work force. The deadline is approaching.”

The labor shortage has grown serious enough that a group of influential politicians in the long-governing Liberal Democratic Party recently released a report calling for the admission of 10 million immigrants in the next 50 years.

Junichi Akashi, an immigration specialist at the University of Tsukuba who advised the group, said its members had come to realize how Japan had come to depend on foreign laborers.

“There is no doubt about that,” Akashi said. “They’ve increased sharply in the last two to three years.”

The foreign work force in Japan rose to more than one million in 2006 from fewer than 700,000 in 1996. But experts say that it will have to increase by significantly more to make up for the expected decline in the Japanese population. The government projects that Japan’s population, 127 million, will fall to between 82 million and 99 million by 2055. Moreover, because the population is graying, the share that is of working age is expected to shrink even faster.

That could pose problems for companies like Yoshinoya, a large restaurant chain. Starting in 2000, with insufficient numbers of Japanese job applicants, the chain turned to foreign students who are allowed to work part time.

Today, its 3,360 employees include 791 foreigners, 564 of them students. Without the foreign workers, “we probably wouldn’t be able to operate some stores,” said Shinichiro Kawakami, an executive in the Tokyo area.

What is more, the chain plans to triple the number of its stores nationwide to 3,000. “To reach our target, in a country where the people are getting older and the birthrate is getting lower, we’ll have to hire either older workers or foreigners,” Kawakami said. He added that the chain also needed to hire foreigners as store managers, a category of workers not allowed in under current laws.

Here in Kawakami — which began growing lettuce, traditionally not part of the Japanese diet, for American soldiers during the postwar occupation — farmers could depend on Japanese college students or part-time workers during the planting and harvesting seasons until five years ago. Then hardly any came, and those who did stayed only a few days, finding the work too hard.

“Some stayed the night, and in the morning I’d find them gone,” said Noriko Yui, 72, who was working in her field with two Chinese workers on a recent afternoon. “The Chinese have perseverance.”

Her two Chinese workers, Li Shude, 24, and Jiang Cheng, 25, share a small, stand-alone room behind Yui’s house, where they sleep on two single beds put together. Each had taped a photo of his child on a wall.

They, like the other Chinese workers here, are from Jilin Province in northeast China and are paid $775 per month, or $5,425 over their seven months here. But most of the Chinese interviewed here said they had paid about half of the total, or about $2,700, to the agency that had arranged their employment here.

Jiang, who grows corn and Chinese cabbage back home, said he would use part of his earnings to buy pigs and chickens.

“I like the environment here,” he said. “The air is clean, and I’m not homesick because there are many other Chinese here.”

By all accounts, the Chinese workers here, who are technically considered foreign trainees and are not counted among Japan’s foreign workers, are treated well compared with others in the same category.

The foreign trainee system was established in the mid-1990s, in theory to transfer technical expertise to young foreigners who would then apply the knowledge at home. After one year of training, the foreigners are allowed to work for two more years in their area of expertise. But the reality is that the foreign trainees — now numbering about 100,000 — have become a source of cheap labor. They are paid less than the local minimum wage during the first year, and little emphasis is placed on teaching them technical skills. Advocates for the foreign workers have reported abuses, unpaid wages and restrictions on their movements at many job sites. Nakamura, the Liberal Democratic politician, said the foreign trainee system was “shameful,” but added that if it were dismantled, businesses would not be able to find Japanese replacements.

Most foreign trainees in agriculture, like the Chinese here, end up leaving in less than a year because little work is available after the farming season.

The Chinese interviewed here said they came to Japan primarily to make money, but some wished they could stay longer to learn more about farming and the country.

“It’s unfortunate that we have to go back home just as we were getting settled here and learning to speak some Japanese,” said Yang Shangli, 26, one of the men relaxing on the bridge at the center of town.

The large presence of the Chinese workers has unsettled some Japanese here even as they have become increasingly dependent on them. Some vaguely mentioned the fear of crime, though they acknowledged that crime rates had not risen. No Japanese interviewed welcomed the idea of immigrants here or elsewhere in Japan.

“I feel a strange sense of oppression,” Toshimitsu Ide, 28, a lettuce farmer who had not hired any Chinese workers, said of seeing large groups of Chinese hanging around town. “They seem hard to approach.”

Perhaps because of the Japanese unease, the Chinese workers were given directives apparently aimed at curbing their movements, even before they arrived. They said they were told to go home by 8 p.m. and not to ride bicycles except for work. Some even said they had been instructed not to talk to young Japanese women.

Still, for many residents who had not seen a single foreigner in this area until a few years ago, Kawakami had changed fundamentally.

“Though I’m in Japan,” said Shimitsu Yuito, 57, who works in construction, “I feel this is not Japan anymore.”

Archive: 2006 Course on how to “slavedrive” your “gaijin” workers

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Oh yes, I remember this… How an email and online campaign got some school (Rock Bay Inc, an apparent transliteration of the boss’s name) advertising English for Shachous (“slavedrive your gaijin, don’t let them diss you–diss them back!” etc.), including a lesson on how to deny a raise to “John” despite his doubling your sales and nearly tripling your profits!  Yow. Talk about widening the divide between J and NJ!  Archiving the series now. Arudou Debito in Sapporo
============================

APRIL 8, 2006

Here’s a lovely little site, courtesy of a friend, of some company named Rock Bay in Tokyo.
http://www.ceoenglish.com/

It advertises English language courses with an interesting edge:

Salespoint: Learning English to exploit your gaijin underlings.

As it says on the site:

////////////////////////////////////////////////
GAIJIN O KOKITSUKAU EIGO!
SHACHOU EIGO

“Amerikajin ni akogareru na! Kokitsukae!
“Gaijin ni nameareru na! Name kaese!”

////////////////////////////////////////////////

Or not-very-loosely translated:
////////////////////////////////////////////////
ENGLISH TO SLAVEDRIVE YOUR GAIJIN!
CEO ENGLISH

“Don’t feel beneath Americans! Use them up!
“Don’t get dissed by the gaijin! Diss them back!”

////////////////////////////////////////////////

That’s just the titles. It just goes on from there….

Have a look for yourself:

http://www.ceoenglish.com/

It’s next seminar is Saturday, March 22, in Shibuya, BTW. Anyone want to attend?

Well, this is one way to approach kokusaika, I guess. Bests, Debito in Sapporo

============================

 皆様こんにちは。有道 出人です。今朝友人からいただいたウェブサイトですが、いまでもびっくり仰天しています!

サイトのタイトル:
「外人をこき使う英語!」
「社長英語」

セールズポイント:
「アメリカ人にあこがれるな!こき使え!」
「外人になめられるな!なめ返せ!」
http://www.ceoenglish.com/

サイトよりライトアップ:
ーーーーーーーーーーーーーーーーーーーー

社長英語とは外人部下をこき使うための英語です。外人部下をこき使うとは、こういうことを言うのです。

あなたは英語を学んでも、こんな思いをしていませんか?
1.外国人社員にいいようにあしらわれているあなた。
2.外国人の部下を扱いにくいと思っているあなた。
3.外国人になめられていて、むかついているあなた。
4.英会話スクールの講師のレベルの低さにあきれたあなた。
5.契約の場で、不当な契約(低いマージン、悪い支払い条件、低い給料)を飲むしかなく、
  悔しい思いをしたあなた。
6.外国人社員を解雇したら、訴えられたあなた。
7.女性外国人社員に、セクハラで訴えられそうになったあなた。
8.外資系企業での面接で、うまくできず、悔しかったあなた。
9.日本人はなめられていると、怒っているあなた。
10.外国からの駐在員と、日本人社員の待遇があまりにも違いすぎると、不公平に感じているあなた。
   日本人の方が圧倒的に会社に貢献しているのに!
11.来月、外国で英語でのプレゼンがある! どうしよう! のあなた。
12.英語でのプレゼンはいいんだけど、外人から質問されたらどうする!!
   なあなた。
13.いきなり海外出張、駐在言い渡された! どうする!?なあなた。
14.日本企業での実績は積んだ。さて、外資系企業に就職して、給料をドン!っと
   増やしたいあなた。
15.会社で英語ができるだけで偉そうにしているあなたのライバルをぎゃふんと
   言わせたいあなた。
16.ライバルよりいち早く、海外の一級品の情報を手に入れ、勝ちたい!あなた。
17.いままで何をやっても英語をマスターできなかったあなた。
18.海外パートナーと提携したいあなた。

19.外資企業パートナーのずっこけぶりに、ほとほとあきれ返っているあなた。
ーーーーーーーーーーーーーーーーーーーー

http://www.ceoenglish.com/

有道よりクイック コメント:
 セミナーのコーディネーターの岩崎義久氏は「ガイジン」に対してどんな経験があったのかは分からないが、「外人部下」の搾取の仕方を確かに教えようとしています。いじめに遭ったと言えてもかかわらず、いじめでいじめを返すことこそ良くないのは小学生さえ分かることですよね。人間性はどうでしょうかね。嫌悪感で作られているセミナーなのではないかと感じざるを得ません。

 宜しくお願い致します。有道 出人
===============================

WHAT HAPPENED NEXT?  Rest of the issue at 

http://www.debito.org/CEOEnglishsite.html

Japan Times July 8 2008 45th Zeit Gist Column: Gaijin as Public Policy Guinea Pig

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi All. This came out yesterday in the Japan Times, thought you might find it interesting. Bests, Arudou Debito in Sapporo

=========================================
GAIJIN AS GUINEA PIG
Non-Japanese, with fewer rights, are public policy test dummies
By ARUDOU Debito
Column 45 for the Japan Times Zeit Gist Community Page
Draft Seventeen, “Director’s Cut”, with links to sources
Published July 8, 2008, available at
http://search.japantimes.co.jp/cgi-bin/fl20080708zg.html

Anywhere in the world, non-citizens have fewer legal rights than citizens. Japan’s Supreme Court would agree: On June 2, in a landmark case granting citizenship to Japanese children of unmarried Filipina mothers, judges ruled that Japanese citizenship is necessary “for the protection of basic human rights”.

A shortage of rights for some humans is evident whenever police partake in racial profiling–for example, stopping you for walking, using public transportation, even cycling while gaijin (Zeit Gist Jul. 27, 2004). Japanese citizens are protected against random questioning by the “Police Execution of Duties Act”; requiring probable cause of a crime. But non-citizens, thanks to the Foreign Registry Law, can be questioned at any time, any place, under penalty of arrest (with some caveats; see SIDEBAR below).
Source: http://www.debito.org/japantimes072704.html

The societal damage caused by this, however, isn’t so easily compartmentalized by nationality. Denying legal rights to some people will eventually affect everyone, especially since non-Japanese (NJ) are being used as a proving ground for embryonic public policy.

Let’s start with the racial profiling. Mark Butler (a pseudonym), a ten-year Caucasian resident of Japan and Tokyo University student, has been stopped by police a lot–117 times, to be exact. He cycles home at sunrise after working in the financial night markets.

Never mind that these cops see Mark every night. Or that the same cop has stopped him several times. Or that they sometimes make a scene chasing him down the street, and interrogate him in the cold and rain like a criminal suspect.

Why do they do this? Cops generally claim a quest for bicycle thieves, never making clear why Mark arouses suspicion. When pressed further they admit: “Sure, we know you’re not a crook, but Chinese gangs are causing trouble, and if we don’t crack down on foreigners, the public thinks we’re not doing our job.”

But at stoppage #67, at a police box that had checked him more than forty times already, a nervous junior cop admitted that this was his “kunren” (training).

“It seemed the older officer there remembered I wasn’t a thief,” said Mark, “and saw an opportunity for some on-the-job training–without the risk of dealing with an actual criminal.”

Mark concluded, “I’d be happy to serve as a paid actor who rides past police stations and cooperates (or not, as directed) with the trainees. But these are officials making use of innocent people–and foreigners at that–for their kunren, with small and large risks forced upon the innocent party.”

No larger risk imaginable was recently forced upon a gaijin gimp by Narita Customs.

On May 26, a Customs official planted 124 grams of cannabis in a NJ tourist’s bag. Why again? To train the sniffer dog.

Unbelievably, the bag got lost. Customs later tracked down the tourist and his bag at a Tokyo hotel, then publicly blamed one bad egg, and one bad dog, for not being up to snuff. Even though Kyodo (June 30) now reports that Narita has laced bags 160 times since last September. The Mainichi in English even called it “common practice”.
Sources: http://www.debito.org/?p=1774
http://www.debito.org/?p=1680#comment-162491
http://www.debito.org/?p=1680#comment-162113

Never mind that anyone else Trojan-Horsing dope would be committing a crime. And if the bag got on a connecting flight to, say, Singapore, the unwitting possessor would be put to death.

Japan also has stiff penalties for drug possession, so imagine this being your bag, and the police on the beat snagging you for questioning. Do you think “how’d that get there?” would have sufficed? It didn’t for Nick Baker, arrested shortly before World Cup 2002, and sentenced to fourteen years despite evidence he was an unwitting “mule” (ZG Oct. 28, 2003).
Source: http://search.japantimes.co.jp/cgi-bin/fl20031028zg.html

And it didn’t suffice for a Swiss woman, arrested in October 2006 on suspicion of smuggling meth from Malaysia. Despite being found innocent twice in Japanese courts, she still hasn’t been released (because NJ have no right to bail in Japan, either). Thus being arrested under any pretense in Japan will seriously ruin your day–or the rest of your life.
Source: http://www.debito.org/?p=1447

Narita Customs said reprimands would be issued, paychecks docked, but nobody fired. That’ll learn ’em. But still the lack of transparency, such as whether Mr. Bad Egg knew the suitcase owner’s nationality from the bag tag, is indicative. It’s not inconceivable that his bag selection was judicious: If he’d egged a Japanese, think of the lawsuit. Non-tourists have plenty of time to hire a lawyer, and no language barrier.

Mr. Bad Egg, who according to Kyodo had spiked bags 90 times, seems a systematic fellow. Apparently determined not to follow what Customs claims is standard procedure (such as stashing the contraband in a dummy bag; although common-sense precautions, like including a GPS locator or labeling the box “Property of Narita Customs”, apparently are not), it seems logical that he would target a gaijin guinea pig and safely hedge his bets.

But why should citizens care what happens to NJ? Because NJ are crash-test dummies for policy creep.

For example, systemic full-time contract employment (“ninkisei”) first started with the foreigners. In Japan’s universities (and many of its workplaces), if a Japanese was hired full-time, he got lifetime employment–unable to be sacked unless he did something illegal or really stupid (like, um, plant drugs?).
Source: http://www.debito.org/activistspage.html#ninkisei

However, NJ educators and employees were given contracts, often capped at a certain age or number of renewals. And they didn’t get “fired” in legal terms–their contracts were merely “nonrenewed”. There was no legal recourse, because you agreed to the poison pill by signing the contract. Thus nationality and job stability were correlated, in a practice long derided as “Academic Apartheid”. Who cared? NJ were supposed to “go home” someday anyway.

However, in the 1990’s, with the low birthrate and declining student numbers, Japan’s universities found themselves in trouble. So in 1997, a new law was passed enabling full-time Japanese educators to be hired on contracts like foreigners. Hey, it had kept the gaijin disposable for the past century–why not use it to downsize everyone?
http://www.debito.org/activistspage.html#ninkisei

Eventually the entire job market recognized how “temping” and “freetering” everyone empowered the bottom line. Now contract employment is now universal–applied, according to Louis Carlet of the National Union of General Workers, to 20% of Japanese men, 50% of Japanese women, and 90% of NJ workers!

Another example: Back in 2003, the government tried “Gaijin Carding” the entire population with the Juki-Net System. However, it faced a huge (and rare) public backlash; an Osaka High Court Judge even ruled it unconstitutional in 2006 as an invasion of privacy. Oddly, the judge died in an apparent suicide four days after his ruling, and the Supreme Court reversed his decision last March 6. Now the decks are legally cleared to track everyone.
Source: http://search.japantimes.co.jp/cgi-bin/nn20061204a6.html
http://search.japantimes.co.jp/cgi-bin/nn20080307a1.html

Meanwhile, new, improved, centralized Gaijin Cards with IC Chips (ZG Nov. 22, 2005) are in the pipeline to keep the policing system evolving.
Source: http://www.debito.org/?p=1431

Even more examples: 1) Police stopping Japanese and rifling through their backpacks (vernacular articles have even started advising readers that this is in fact still illegal).

2) More public surveillance cameras appearing nationwide, after Japan’s first neighborhood “foreign crime” cameras were installed in Kabukicho in February 2002. According to NHK (July 1), Tokyo is getting 4000 new ones for the Summit; temporarily, we hope.
Source: http://www.debito.org/opportunism.html

And of course, as readers know full well by now, 3) the G8 Summit security overkill, converting parts of Japan into a temporary police state for the sake of catching “terrorists” (foreigners, natch) (ZG Apr 22).
Source: http://www.debito.org/?p=1639

What’s next? How about fingerprinting everyone, and forcing them to carry RFID tracking devices? Hey, if you’ve done nothing wrong, you’ve got nothing to fear from extra surveillance, right? Besides, the gaijin have already set the precedent.

The moral here is as below, so above. Our fellow native residents should not think that they won’t be “gaijinized” just because they are citizens. No matter what the Supreme Court writes about the power of citizenship, when it comes to the erosion of civil rights, non-citizens are the canaries in the coal mine.
ENDS
1320 words

========================================
SIDEBAR (180 words)
Checks and balances in ID Checks

According to Mark Butler’s consultations with the police, without probable cause of a crime, police cannot stop and demand ID from citizens (see full article). However, “probable cause” goes grey when, for example, you are on a bicycle (“I need to check it’s not stolen”) or you look foreign (“is your visa valid?”).

That’s why their first question is about your nationality. If not Japanese, they can apply the Foreign Registry Law and demand your Gaijin Card. If Japanese, legally they have to let you go.

But cops are now finding excuses to stop Japanese: Backpackers might be carrying drugs or knives, high schoolers tobacco or alcohol, etc. That’s how they’ve been circumventing the law for Summit security overkill.

Imagine interrogating a non-Asian who turns out to be naturalized or with NJ roots. With no Gaijin Card, and no way to prove he’s Japanese. If there’s no “bike or backpack” excuse, and an audio recording of the proceedings hits the media, this extralegal harassment may be unmasked as racial profiling.

We’re waiting for that test case. Or rather, I am.

ENDS

World-famous company, Tohoku branch, refuses to employ Japanese kid expressly because he’s “half”–even retracts original job offer

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Hello Blog. Got this yesterday. I’ve anonymized it for now because the family fears that the employer will refuse to employ the job candidate further if this article can be traced back to him. Summary: A world-famous company in northern Japan, with branches and products overseas for generations, refuses to employ a young Japanese (despite giving him a job offer)–expressly, despite being a citizen, because he’s “half”.

This could have major repercussions in Japan if other Japanese with international roots get discriminated against similarly. Read on. More details to reporters if they want a story. I have the feeling we have a major lawsuit here. Arudou Debito in Sapporo

=====================================
Dear Debito San,

Thank you very much for your advice on the phone on Friday June 13th.
I will give you all the information that I have to date about my son’s problem.

My son, 21 years old, phoned a company in [Tohoku, Northern Japan] [Headhunters KK] to apply for a job advertised in “XXXXX” (a flyer with available jobs). The job he applied for was at the [World Famous Company] factory near [our town in Tohoku]. The job is a full time Syain job with bonus, Kousainenkin and Koyouhoken. Monday to Friday and 850 yen per hour plus 10,000 yen Koutsuhi per month. The return trip to [World Famous Company] is 13km from our home. The [World Famous Company] factory is new and nice with canteen. Saturday, Sunday and public holidays off.

He went for the interview on Tuesday June 10th at 10am. The interviewer a Mr. M of [Headhunters KK]. After the interview my son was told that he had the job at the [World Famous Company] factory and would start work on Monday June 16th.

(My son was very excited that he got the job because when he went for an interview at a different company one week earlier that interviewer told him that because he is half Japanese that he most likely wouldn’t be able to get a job locally and would probably have to go to Tokyo to work. Of course he didn’t get that job, but that interviewer asked him to go out with him for dinner or lunch. Also he has phoned him a few times to ask him to dinner. (My son has a girlfriend and is not gay) what this guy wants I don’t know but I think that it is inappropriate for any job interviewer to ask the applicant out for dinner).

At the interview on Tuesday June 10th my son was asked to get a medical check Kenkoushindan form 5 and to come back on Friday June 13th with it and bank book, mitomein, drivers license, syakensyo, jibaiseki hoken syoumeisyo, nini hoken syoumeisyo and nenkin techo. The medical check includes height, weight, blood pressure, urine check, sight and hearing check, blood check, chest xray and heart check. He passed all checks and cost 10,000 yen.

When he returned on Friday June 13th the same interviewer Mr. M took him away from the other 3 people which also passed for the jobs at [World Famous Company]. And told him that he would be working at a different factory and not at [World Famous Company]. My son knew that he was a victim of racial discrimination but couldn’t say anything for fear of not getting the other job. He was told that it has nothing to do with him being half Japanese. But it seems his katakana name is 面倒くさい、ハーフだからというわけでは無いけれども、[一流の会社]では[東北]の人しか働いていないし、あとあと面倒なことになると困るし、

But the interviewer knows from my son’s rirekisyo that my son was born in this area went to youchien, elementary school, junior high and high school here in [the town which contains this World Famous Company] so he is a Tohoku person and can speak the local dialect and has Japanese Koseki.

The interviewer was very uneasy telling my son this information and was also told that they no longer need the medical check form because that was only for the [World Famous Company] job. Also they never mentioned compensating him the 10,000 yen for that medical check which they asked for and then told him he didn’t need.

The other job which he started today Monday June 16th is only a two month contract, doesn’t include a bonus or any of the other things included in the [World Famous Company] job, the hourly rate is 50yen less than the [World Famous Company] job plus he has to work on some Saturdays with only Sunday off.

The factory is 20km return from out home as compared to 13km at the [World Famous Company] factory. There is no canteen and it is just not a full time position at [World Famous Company] that he was interviewed for and then promised.

My thinking is that Mr. M is a good man and didn’t discriminate against my son for not being 100% Japanese but [World Famous Company] did refuse my son on the grounds of racial discrimination and then Mr. M had to do as [World Famous Company] wished.

My son has been at the new job for just over a week now and doesn’t want to risk losing his job by causing any trouble to [World Famous Company] or [Headhunters KK]. Not for the moment anyway as he doesn’t know how permanent this job will be. The contract is only for two months.

My wife phoned a few government departments and was told that a verbal promise of a job is the same as a written promise, so we have good grounds to take action against [Headhunters KK] and maybe [World Famous Company].

My son’s friend who did get a job in [World Famous Company] said that he has heard my son’s name mentioned a few times in the [World Famous Company] factory and my son’s boss Mr. M also asked my son about a rumor at the [World Famous Company] factory that he was discriminated against for being half. My son said he knew nothing of that rumor.

This is all we have at the moment. I will keep you informed of any changes. If you have any other ideas then we would be very happy to hear them.

Again many thanks for your advice.
Keep up your good work.

Best regards

Anonymous Dad

J Times: Radical GOJ immigration plan under discussion

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

Hi Blog.  Excellent article on the future of Japan’s immigration policy.  Yes, policy.  From–where else?–the Japan Times.  Debito
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The Japan Times Thursday, June 19, 2008

Radical immigration plan under discussion

By MINORU MATSUTANI Staff writer

Foreigners will have a much better opportunity to move to, or continue to live in, Japan under a new immigration plan drafted by Liberal Democratic Party lawmakers to accept 10 million immigrants in the next 50 years.

“The plan means (some politicians) are seriously thinking about Japan’s future,” said Debito Arudou, who is originally from the United States but has lived in Japan for 20 years and became a naturalized citizen in 2000. “While it is no surprise by global standards, it is a surprisingly big step forward for Japan.”

The group of some 80 lawmakers, led by former LDP Secretary General Hidenao Nakagawa, finalized the plan on June 12 and aims to submit it to Prime Minister Yasuo Fukuda later this week.

The plan is “the most effective way to counter the labor shortage Japan is doomed to face amid a decreasing number of children,” Nakagawa said.

While establishing an environment to encourage women to continue to work while rearing children is important to counter the expected labor shortage, bringing in foreign workers is the best solution for immediate effect, said the plan’s mastermind, Hidenori Sakanaka, director general of the private think tank Japan Immigration Policy Institute.

“We will train immigrants and make sure they get jobs and their families have decent lives,” Sakanaka said in explaining the major difference between the new plan and current immigration policy. “We will take care of their lives, as opposed to the current policy, in which we demand only highly skilled foreigners or accept foreigners only for a few years to engage in simple labor.”

Japan had 2.08 million foreign residents in 2006, accounting for 1.6 percent of the population of 128 million. Raising the total to 10 million, or close to 10 percent of the population, may sound bold but is actually modest considering that most European countries, not to mention the U.S., have already exceeded this proportion, Sakanaka said.

Fukuda outlined in a policy speech in January his aim to raise the number of foreign students to 300,000 from the current 130,000, but without specifying a timetable.

However, the immigration plan calls for the goal to be achieved soon and for the government to aim for 1 million foreign students by 2025. It also proposes accepting an annual 1,000 asylum seekers and other people who need protection for humanitarian reasons.

Akio Nakayama, manager of the Tokyo office of the Geneva-based International Organization for Migration, said the important thing about the new plan pitched by the LDP members is that it would guarantee better human rights for immigrants.

“The plan emphasizes that we will accept immigrants, not foreign workers, and let them live in Japan permanently,” Nakayama said.

“The most remarkable point is that immigrants’ family members are included,” he said. “I have never seen this in similar proposals.”

Also, he praised the plan for proposing changes to the resident registration law to allow children born in Japan to foreign parents to have Japanese citizenship. Under the current Nationality Law, one of the parents must be Japanese and the parents must be legally married for their children to have Japanese citizenship.

This provision, however, was recently ruled unconstitutional by the Supreme Court, allowing 10 children born to Filipino mothers and Japanese fathers out of wedlock to gain the right to Japanese nationality.

The plan also includes establishing an entity to be called the Immigration Agency to integrate related duties that are now shared by multiple government bodies.

Among other proposals, the plan calls for extending the maximum duration of student and working visas to five years from the current three, easing the conditions for granting permanent resident status, setting up more Japanese-language and culture centers overseas and outlawing racism.

Arudou, a foreigners’ rights activist, noted the importance of establishing a legal basis for specifically banning discrimination against non-Japanese.

“Founding a legal basis is important because people do not become open just because the government opens the door,” he said.

Also under the plan, the foreign trainee program, which supports Japanese companies and organizations that hire foreigners to work up to three years in Japan, would be abolished. Some trainees who have come to Japan under the program have sued their employers, claiming they have been abused with minimal pay and harsh working conditions.

This set of bold proposals appears positive, but Minoru Morita, a political critic at Morita Research Institute Co., doubts Nakagawa’s plan will be formally adopted by the LDP anytime soon.

“Expanding immigrants to this large of a scale may cause social instability,” he said. “Nakagawa will face difficulty gaining support from LDP colleagues and ministry officials.”

He added that Nakagawa may have come up with the plan because he could be angling to become the next prime minister and would therefore want to stand out with a bold policy proposal. “Nakagawa may have to water down the proposals,” Morita said.

Fears over the consequences of bringing in more foreigners are probably shared by many in a country where people consider themselves highly homogeneous.

“Immigrants surely bring dynamism to the Japanese economy, as well as crime,” said a researcher at a public entity studying crimes committed by foreigners. The researcher asked not to be named.

While the researcher admitted immigrants would be better treated if the new plan were adopted and thus their motivation for committing crimes would decrease, he added: “But what if they lose their jobs? What if the economy worsens? We cannot take better care of unemployed immigrants than Japanese because we should treat them equally.”

Goro Ono, author of “Bringing Foreign Workers Ruins Japan,” does not think bringing in immigrants is necessary.

Ono, an honorary professor at Saitama University, said he does not believe Japan is facing a labor shortage now or in the future.

“If industries where labor is in high demand pay adequate salaries, people will work there,” he said.

Ono said nursing is a good example. Japan is actively bringing in Indonesians and other foreigners to cover a dire shortage because nurses here are woefully underpaid, he said, while on the other hand public entities never have trouble finding garbage collectors because they get decent salaries.

Ono also brought up the lack of discussion about the cost of preparing the infrastructure to accept more immigrants.

Sakanaka is ready to face such criticism just as all revolutionaries have in the past. His proposals would shake up Japan from the inside and it would be a historical moment if they all became law, he said.

“The Meiji Restoration was the first stage in opening up the country to foreigners,” he said. “Now we are entering the second stage.”

ENDS

Japan Times 4th JUST BE CAUSE column on “Good Grass Roots” June 3 2008

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan

GOOD NEWS FROM GRASS ROOTS
JUST BE CAUSE COLUMN 4
By Arudou Debito
Japan Times June 3, 2008
Draft ten with links to sources.

Courtesy http://search.japantimes.co.jp/cgi-bin/fl20080603ad.html

Reader Rodney in Vancouver recently emailed:  “I’ve often found your articles informative and useful, but they tend to take a tone of complaint.  Please tell us about some face-to-face, grassroots efforts that have helped make Japanese more considerate and respectful of those who are different.”

Thanks.  Yes, my essays sound like “complaints” because I focus on ongoing issues that need redress.  That doesn’t mean I don’t see the good news too.  Here are 700 words to prove that (apologies for leaving out anyone’s favorite topic):

First up, the labor unions (i.e. the ones that let non-Japanese join, even help run).  Their annual Marches in March, for example, have made it clear to the media (and nasty employers like NOVA) that non-Japanese workers are living in and working for Japan–and that they are ready to stand up for themselves, in both collective bargaining and public demonstrations.

These groups have gained the ear of the media and national Diet members, pointing out the legal ambiguity of Trainee Visas, and systematic abuses of imported labor such as virtual slavery and even child labor. For example, Lower House member (and former Prime Ministerial candidate) Taro Kono in 2006 called the entire work visa regime “a swindle”, and opened ministerial debate on revising it.

In the same vein, local NGOs are helping NJ workers learn Japanese and find their way around Japan’s social safety net.  Local governments with high NJ populations have likewise begun multilingual services; Shizuoka Prefecture even abolished their practice of denying Kokumin Hoken health insurance to NJ (on the grounds that NJ weren’t “kokumin”, or citizens).

These governments are holding regular meetings, issuing formal petitions (such as the Hamamatsu and Yokkaichi Sengens) to the national government, recommending they improve NJ education, social insurance, and registration procedures.

Still more NGOs and concerned citizens are petitioning the United Nations.  Special Rapporteur Doudou Diene has thrice visited Japan on their invitation, reporting that racial discrimination here is “deep and profound” and demanding Japan pass laws against it.

Although the government largely ignored Diene’s reports, United Nations representatives did not.  The Human Rights Council frequently referenced them when questioning Japan’s commitment to human rights last May.  That’s how big these issues can get.

More successes from the grassroots:  Separated/divorced NJ parents with no custody (or even access) to their Japanese children have drawn attention to Japan’s unwillingness to abide by international standards against child abduction.  After international media coverage and pressure, Japan announced last month it would finally sign the Hague Convention on Child Abductions by 2010.

Decades of civil disobedience by “Zainichi” Korean Permanent Residents led to the abolition of all NJ fingerprinting in 1999.  Although claims of “terrorism and crime” led to Japan reinstating NJ fingerprinting at points of entry into the country in November, the Zainichis were granted an exception.

Last year, a viciously racist magazine on foreign crime entitled “Gaijin Hanzai” found its way into convenience stores nationwide (Zeit Gist March 20, 2007).  Internet mail campaigns and direct negotiation with store managers occasioned its withdrawal from the market–even helped bankrupt the publisher.

And of course, there is the perennial campaign against “Japanese Only” establishments, which often exclude any customer who doesn’t “look Japanese”.  Following Brazilian Ana Bortz’s 1999 court victory against a Hamamatsu jewelry store, I was one plaintiff in another successful lawsuit (2001-2005) against a public bath.  The Otaru Onsens Case has become, according to law schools, a landmark lawsuit in Postwar Japan.

It’s a long story, but here’s the “face-to-face” for Rodney:  Only one Otaru bathhouse got sued because we went to each one (and a number of others around the country) for long chats.  One owner even became my friend, and, heartsick at what he was doing, took his “no foreigner” signs down.  As did many other places when persuaded politely by us. (More in my book Japanese Only.)

These are the butterflies flapping up a storm, sweeping down barrier after barrier.  Things are indeed getting better in many ways for NJ residents.

And that’s partly because we have shed our “cultural relativism” and “guestism”, pushing more for our due in a society that needs us.

People are listening.  Some steps forward, some back.  But we shall proceed and succeed, as the above examples demonstrate.

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HANDBOOKcover.jpgArudou Debito is co-author of Handbook For Newcomers, Migrants, and Immigrants to Japan. A version of this essay with links to these issues at www.debito.org/japantimes060308.html

720 words

ENDS

Nikkei Portuguese newspaper Jornal Tudo Bem: Partial Pensions denied NJ who don’t pay in full 24 years

mytest

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Hi Blog.  Got this message from a friend, “Shinrin Woods”, who reads Portuguese (I don’t, sorry).  His translation of the points of an article (which you can find in its entirety at the bottom of the page):

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Hi Debito,

The front page of weekly Portuguese-Language newspaper “Jornal Tudo Bem (EDITION 793 This week)”  points out to a quite disturbing issue facing many foreigners who want to collect retirement (Aposentadoria) benefits in Japan… The point is (below)

Shakai Hoken não garante aposentadoria

http://tudobem.uol.com.br/2008/05/24/shakai-hoken-nao-garante-aposentadoria

[Full article in Portuguese at the bottom of this blog entry.]

– If a Japanese “Citizen” pays for 25 years he gets all of it.

– If a Japanese “Citizen” pays for 24 years he gets a little bit less.

– If a Japanese “Citizen” pays for 10 years he gets less than half of it… Everything FAIR ENOUGH ! Deshou !

BUT…

If a Gaijin “Citizen” pays for 25 years he gets all of it.

If a Gaijin “Citizen” pays for 24 years he gets NOTHING…

I have talked to some Japanese about it, but nobody could tell me if it is the reality or not. 

Do you know something about it ? 

The image “http://jbchost.com.br/tudobem/imgmat/edicoes/edicao_793.jpg” cannot be displayed, because it contains errors.

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COMMENT:  I asked Administrative Solicitor, consultant on Immigration issues, and co-author of HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS Akira Higuchi about this.  Here is his reply:

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The nationality doesn’t matter if you live in Japan.  I.e. If you have paid for 25 + years, you will be entitled to kokumin nenkin regardless of nationality. If not, you will not be entitled, this is same for Japanese.

But there are complicated rules on how to count 25 years.

Plus there have been many changes to the laws and NJ couldn’t join the scheme in the past. I don’t know if the article is talking about this.

Also, if you are in Japan and reach 60 but haven’t paid for 25, you can keep paying the premium (nini kanyu) until you reach 70. This way you will be entitled to receive pension.

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Thanks Akira.  I hope we can get a final clarification on this somehow–one would expect the media would double-check their data before putting something on the front page…  Arudou Debito

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ARTICLE IN PORTUGUESE FOLLOWS:

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Comunidade

Shakai Hoken não garante aposentadoria

Mesmo fazendo a contribuição para o plano de previdência, brasileiros podem não receber o benefício como os japoneses

por Claudio Endo
24.05.2008

Recentemente, muitos brasileiros estão sendo inscritos nos planos de seguro social e previdência da empresa (shakai hoken), por exigência das fábricas, e uma boa parte já contribui para o seguro nacional de saúde (kokumin kenko hoken), cuja administração é feita pelas prefeituras.

Com base nisso, é bom saber que os estrangeiros que planejam ficar definitivamente no Japão, de uma forma geral, não têm direito a receber a “aposentadoria incompleta”, benefício concedido para quem contribuiu por menos tempo que os 25 anos obrigatórios. Já os japoneses têm direito de receber essa aposentadoria.

Segundo o escritório do Shakai Hoken da região oeste, em Hamamatsu (Shizuoka), o que faz um japonês receber a aposentadoria incompleta é a validade do kara kikan (período vazio). Ou seja, o tempo que ele deixou de contribuir para a previdência social por algum motivo. No entanto, o kara kikan não se aplica ao estrangeiro no período em que ele viveu no Japão, ou que ainda vai viver, sem estar inscrito no shakai hoken ou kokumin kenko hoken.

Por exemplo, um brasileiro veio ao Japão com 20 anos e trabalhou outros 20 sem estar inscrito no seguro. Agora, aos 40, ele entra no shakai hoken e quando completar 65 anos terá contribuído por 25. Nesse caso, ele terá direito à aposentadoria, mas se nesse período de 25 anos a pessoa deixar de contribuir por algum tempo – que seja dez anos – por trabalhar em uma empresa que não oferecia o shakai hoken, perde o benefício sem ter nem mesmo direito aos 15 anos que pagou.

Leia mais na edição 793 do jornal Tudo Bem.

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ENDS

 

NYT on Japan’s dearth of NJ techies, scientists, and engineers

mytest

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Hi Blog. I have an article coming out next Tuesday (Weds in the provinces) in the Japan Times Community Page section, on Permanent Residency and how tough and arbitrary it seems to be to get sometimes. I refer to the article below within it–since denying qualified (and trained) people PR definitely sets Japan at a competitive disadvantage vis-a-vis the international brain drain.

(NB: The article doesn’t talk about PR per se–just gives evidence that Japan needs people, once again. And this time not merely unskilled migrant work.)

Debito in Sapporo

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High-Tech Japanese, Running Out of Engineers
By MARTIN FACKLER
New York Times May 17, 2008
Courtesy of James Bond
http://www.nytimes.com/2008/05/17/business/worldbusiness/17engineers.html?_r=2&scp=8&sq=japan&st=nyt&oref=slogin&oref=slogin

TOKYO — Japan is running out of engineers.

After years of fretting over coming shortages, the country is actually facing a dwindling number of young people entering engineering and technology-related fields.

Universities call it “rikei banare,” or “flight from science.” The decline is growing so drastic that industry has begun advertising campaigns intended to make engineering look sexy and cool, and companies are slowly starting to import foreign workers, or sending jobs to where the engineers are, in Vietnam and India.

It was engineering prowess that lifted this nation from postwar defeat to economic superpower. But according to educators, executives and young Japanese themselves, the young here are behaving more like Americans: choosing better-paying fields like finance and medicine, or more purely creative careers, like the arts, rather than following their salaryman fathers into the unglamorous world of manufacturing.

The problem did not catch Japan by surprise. The first signs of declining interest among the young in science and engineering appeared almost two decades ago, after Japan reached first-world living standards, and in recent years there has been a steady decline in the number of science and engineering students. But only now are Japanese companies starting to feel the real pinch.

By one ministry of internal affairs estimate, the digital technology industry here is already short almost half a million engineers.

Headhunters have begun poaching engineers midcareer with fat signing bonuses, a predatory practice once unheard-of in Japan’s less-cutthroat version of capitalism.

The problem is likely to worsen because Japan has one of the lowest birthrates in the world. “Japan is sitting on a demographic time bomb,” said Kazuhiro Asakawa, a professor of business at Keio University. “An explosion is going to take place. They see it coming, but no one is doing enough about it.”

The shortage is causing rising anxiety about Japan’s competitiveness. China turns out some 400,000 engineers every year, hoping to usurp Japan’s place one day as Asia’s greatest economic power.

Afraid of a hollowing-out of its vaunted technology industries, Japan has been scrambling to entice more of its younger citizens back into the sciences and engineering. But labor experts say the belated measures are limited and unlikely to fix the problem.

In the meantime, the country has slowly begun to accept more foreign engineers, but nowhere near the number that industry needs.

While ingrained xenophobia is partly to blame, companies say Japan’s language and closed corporate culture also create barriers so high that many foreign engineers simply refuse to come, even when they are recruited.

As a result, some companies are moving research jobs to India and Vietnam because they say it is easier than bringing non-Japanese employees here.

Japan’s biggest problem may be the attitudes of affluence. Some young Japanese, products of a rich society, unfamiliar with the postwar hardships many of their parents and grandparents knew, do not see the value in slaving over plans and numbers when they could make money, have more contact with other people or have more fun.

Since 1999, the number of undergraduates majoring in sciences and engineering has fallen 10 percent to 503,026, according to the education ministry. (Just 1.1 percent of those students were foreign students.) The number of students majoring in creative arts and health-related fields rose during that time, the ministry said.

Applications to the engineering program at Utsunomiya University, an hour north of Tokyo, have fallen one-third since 1999. Starting last year, the school has tried to attract students by adding practical instruction to its theory-laden curriculum. One addition was a class in making camera lenses, offered in partnership with Canon, which drew 70 students, twice the expected turnout, said Toyohiko Yatagai, head of the university’s center for optics research.

But engineering students see themselves as a vanishing breed. Masafumi Hikita, a 24-year-old electric engineering senior, said most of his former high school classmates chose college majors in economics to pursue “easier money” in finance and banking. In fact, friends and neighbors were surprised he picked a difficult field like engineering, he said, with a reputation for long hours.

Mr. Hikita and other engineering students say their dwindling numbers offer one benefit: they are a hot commodity among corporate recruiters. A labor ministry survey last year showed there were 4.5 job openings for every graduate specializing in fields like electronic machinery.

“We don’t need to find jobs,” said Kenta Yaegashi, 24, another electrical engineering senior. “They find us.” He said his father, also an engineer, was envious of the current sellers’ market, much less crowded than the packed field he faced 30 years ago. Even top manufacturers, who once had their pick of elite universities, say they now have to court talent. This means companies must adapt their recruiting pitches to appeal to changing social attitudes.

So, Nissan tells students they can advance their careers more quickly there than at more traditional Japanese companies. The carmaker emphasizes that it offers faster promotions, bigger pay raises and even “career coaches” to help young talent ascend the corporate ladder.

“Students today are more demanding and individualistic, like Westerners,” said Hitoshi Kawaguchi, senior vice president in charge of human resources at Nissan.

On the more offbeat side, an ad for the steel industry features a long-haired guitarist in spandex pants shouting, “Metal rocks!”

One source Japan has not yet fully tapped is foreign workers — unlike Silicon Valley, filled with specialists in information technology, or IT, from developing nations like India and China.

According to government statistics, Japan had 157,719 foreigners working in highly skilled professions in 2006, twice as many as a decade ago, but still a far cry from the 7.8 million in the United States. Britain has also been aggressively recruiting foreign engineers, as have Singapore and South Korea, labor experts say.

“Japan is losing out in the global market for top IT engineers,” said Anthony D’Costa, a professor at Copenhagen Business School, who has studied the migration of Indian engineers.

Companies are scrambling to change tactics now.

For instance, Kizou Tagomori, director of recruitment at Fujitsu, said the computer maker and its affiliates routinely fell about 10 percent shy of their annual hiring goal of 2,000 new employees. Fearing chronic shortages, the company has begun hiring foreigners to work in Japan.

Starting in 2003, Fujitsu began hiring about 30 foreigners a year, mostly other Asians who had graduated from Japanese universities. Initially, many managers were reluctant to accept them. Mr. Tagomori said they are now gaining acceptance.

Fujitsu’s 10 Indian employees in Japan won over some of their co-workers by organizing a cricket team, he said.

But Fujitsu remains an exception. In an economic ministry survey last year, 79 percent of Japanese companies say they either have no plans to hire foreign engineers or are undecided. The ministry said most managers still feared that foreigners would not be able to adapt to Japan’s language or corporate culture.

To combat these attitudes, the ministry began the Asian Talent Fund, a $30 million-a-year effort to offer Asian students Japanese language training and internships in order to help them find work here.

“If these students do well, they can change Japanese attitudes drastically,” said Go Takizawa, deputy director of the ministry’s human resource policy division.

Nonetheless, labor experts warn Japan may be doing too little, too late. They say the country has already gained a negative reputation as discriminating against foreign employees, with weak job guarantees and glass ceilings. Experts say Indian and other engineers will often opt for more open markets like the United States.

Indeed, a growing number of Japanese companies are having more success by building new research and development centers in countries with surpluses of engineers. Toyo Engineering, which designs chemical factories, said it and its affiliates now employ more engineers abroad — 3,000, mostly in India, Thailand and Malaysia — than in Japan, where they have 2,500 workers.

With corporate Japan still reluctant to accept foreigners, a half-dozen staffing companies have stepped into the breach by hiring Chinese and South Korean engineers to send to Japanese companies on a temporary basis. One of the biggest is Altech, which has set up training centers at two Chinese universities to recruit engineering students and train them in Japanese language and business customs. Of Altech’s roughly 2,400 engineers, 138 are Chinese, and the company plans to hire more at a rate of 200 per year.

One of the first it hired was He Xifen, a 27-year-old mechanical engineer from Qingdao University of Science and Technology who joined Altech two and a half years ago. She said her friends back home envy her because she works with advanced Japanese technology, and earns three or four times more than she would in China.

While Japanese clients appear uncertain at first about how to deal with foreigners, she said, they quickly catch on and she usually feels welcome.

“Foreign engineers are becoming accepted,” said Shigetaka Wako, a spokesman for Altech. “Japan is slowly realizing that its economy cannot continue without them.”
ENDS

Anonymous on job-market barriers to NJ graduates of J universities: The “IQ Test”

mytest

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Hi Blog. Feedback from a reader about prospects of finding work in Japan as a NJ despite graduation from a J university. According to the author, barriers are put up at the entry level all over again to prefer native candidates–or at least how they get tested by IQ. Read on:

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Hello Debito. I am a reader of your blog since I came to Japan the second time in September 2006. I am a Master’s student at [an extremely prestigious Japanese university] and do research on “national identity” in Japan. That is why I was interested in your homepage in the first place.

But now I feel discriminated the first time and wanted to ask you for some advice.

I started searching for a job in Japan because I will graduate next year but I want to stay in Japan. I started as early as the japanese students, visited countless fairs and setsumeikai, and bought all the expensive books on business fields, tests and self analysis. In short – I didn’t do anything wrong. But now all my J friends have a job contract and I still don’t what is extremely frustrating. Because I put more effort into it then most of them and I don’t think I am less smart, but still I did not get even one serious offer.

The reason for this is a stupid old fashioned IQ test like test which is quite the same at each company. It is not so difficult but the time limit for each problem is very strict, which is a major disadvantage for NJ graduates. Once I did the test in English at ONE out of 35 companies which provided the same test in English for NJ applicantsand passed easily, although English is NOT my mother language. I am German.

(I failed at the second interview though. Partly because I was inexperienced and nervous. It was my first and last opportunity for an interview)

I think this test is extremely unfair against all NJ, because it needs far much more preparation than for J students to master it and even then you have less chances to pass. In other words, even with the best preparation it’s a gamble.

It would be much better for the students (and the companies who waste talent) to provide the test in English and add an extra test for the Japanese abilities of NJ students. The English test for the J students is quite meaningless because its far too easy (I finished it 10 min. before the time was over and had everything right). But it is not enough to compensate the lack of speed reading skills in Japanese which need 12+ years of J education system.

I think if Japan wants to keep the students who studied here and want to contribute something to Japan’s society they should think these recruiting practices over, or they will loose well educated brain power in a world wide competition.

Anonymous (who is serously thinking about going to the US or back to Europe…)
======================

COMMENT: When I got my first non-Eikaiwa job in Japan (back in 1989), I too had to take an IQ test–the same one meted out to regular entrants, and in Japanese. Well, I failed–after only a couple of years of classroom and street study, my Japanese wasn’t good enough yet. So the boss administered other tests, such as having me read the newspaper aloud etc, making it a language test. Up to that point, I had been trained more in Japanese the Spoken Language (Eleanor Jorden’s text), not written, so I didn’t do well enough for him again. He was about to deny me the job when I did what I do best–talk persuasively in Japanese. I convinced him the test wasn’t representative of my real abilities nor would it reflect accurately upon what I could do for his company. I passed that test, as I got hired, and from that point on became much better in Japanese working for a year at an intern in a software company. But this was Bubble Japan (and companies were looking for ways to “internationalize” themselves; plus I took a big pay cut), and I clearly got far more rope to explain my way into a job than the above author, who has far more ability and experience (and a degree from a world-class Japanese university) yet got stopped for lack of “measurable IQ”.

This is an issue that deserves attention, so others with experience should feel welcome to comment. For in the poster’s view (and mine), these sorts of barriers only hurt Japan when educated candidates want to stay and contribute. Arudou Debito in Sapporo

Yomiuri: 80% of hospitals interested in employing foreign nurses

mytest

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Hi Blog. Here’s something to point to next time you get the boilerplate about the Japanese public being unprepared for a foreign influx. We know Keidanren has long wanted foreign labor so the nation’s factories can stay afloat with cheap workers. Now it’s clearer, according to the survey below, that the medical industry expressly wants them because they have NO workers. Now let’s stop putting up so many hurdles for Filipina nurses to become “qualified” (and for crissakes belay the pipedreams of robot caregivers!). Debito in Sapporo

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80% of hospitals interested in employing foreign nurses
Yomiuri Shinbun Mar. 12, 2008
http://www.yomiuri.co.jp/dy/national/20080312TDY02301.htm
Courtesy of Jeff Korpa

More than 80 percent of medium- or large-sized hospitals have indicated an interest in accepting foreign nurses, while about 40 percent are actually considering hiring such nurses, according to a survey by a research team at the Kyushu University Asia Center.

Following bilateral economic partnership agreements signed between Japan and the Philippines and Indonesia, Japan likely will start accepting nurses and caregivers from those countries as early as this summer.

“There were more hospitals that showed interest in accepting foreign nurses than we’d expected,” said Sadachika Kawaguchi, professor at University of Occupational and Environmental Health, Japan, who also was involved in the survey.

“The high interest among hospitals is not only because they hope to address the shortage of nurses, but rather, many apparently are hoping to revitalize themselves by having foreign nurses on staff,” he said.

“But many hospitals seem hesitant to [move to accept foreign nurses] due to a lack of information about them,” Kawaguchi added.

The survey, conducted in February, covered 1,604 hospitals nationwide with more than 300 beds, and 522 hospitals, or 32.5 percent, submitted valid responses.

More than 80 percent of respondents expressed interest in hiring foreign nurses, with 28.7 percent saying they were “very” interested and 54.2 percent “a little” interested.

Asked whether they hoped to accept Indonesian and Filipino nurses coming to Japan under the EPAs, 7.3 percent said they were eager to accept them, while 30.3 percent said they would like to if possible, meaning that 37.6 percent of the respondents, or 196 hospitals, showed positive attitudes toward accepting such skilled workers.

Among the 196 hospitals, 129 indicated they would accept two or three nurses, followed by 27 hospitals saying they wanted to accept between four and six. Three hospitals said they would like to hire 11 nurses each.

In a multiple-answer question on the reasons why they wanted to take on foreign nurses, 53.8 percent said it was due to a shortage of nurses, while 53.1 percent cited international exchange.

Meanwhile, 61.9 percent of the hospitals, or 323 hospitals, said they did not want to accept foreign nurses. Asked the reasons why, and allowed to give multiple answers, 61.3 percent expressed concern about the nurses’ communication skills with patients, followed by 55.7 percent who said they would have to spend much time or staff resources to train them, and 46.4 percent citing a lack of knowledge of the level of their nursing techniques.

Yomiuri Shinbun Mar. 12, 2008
ENDS

読売:病院の8割超、外国人看護師に関心…4割は受け入れ検討

mytest

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病院の8割超、外国人看護師に関心…4割は受け入れ検討
読売新聞 2008年3月10日22時24分
http://www.yomiuri.co.jp/national/news/20080310-OYT1T00657.htm

 経済連携協定(EPA)により、今夏にもフィリピン、インドネシアから看護師・介護士が来日する見通しが強まる中、中規模以上の病院の8割以上が外国人看護師の導入に関心があり、4割近くは具体的に受け入れを検討していることが、九州大アジア総合政策センター研究班の調査で明らかになった。

 共同研究者の川口貞親・産業医科大教授は「想定よりも外国人受け入れへの関心が高かった。単なる人手不足の穴埋めでなく、病院活性化への期待も高いが、情報不足でちゅうちょする病院も多い」と分析している。

 調査は2月、300床以上の全国1604病院を対象に行い、522病院(32・5%)から回答を得た。

 外国人看護師の導入について「とても関心がある」は28・7%、「少し関心がある」は54・2%で、8割超が関心を示した。EPAで来日する外国人看護師については、「ぜひ受け入れたい」が7・3%、「出来れば受け入れたい」が30・3%で、全体の37・6%(196病院)が前向きに検討する姿勢を見せた。

 この196病院のうち、受け入れ希望人数は「2~3人」が129病院で最も多く、「4~6人」が27病院、「11人以上」も3病院。希望する理由(複数回答)は、〈1〉看護労働力の不足(53・8%)〈2〉国際交流(53・1%)が目立った。

 受け入れたくないと答えたのは61・9%の323病院に上ったが、理由(複数回答)は〈1〉患者とのコミュニケーション能力が不安(61・3%)〈2〉指導の人手や時間を取られる(55・7%)〈3〉看護技術のレベルが分からない(46・4%)などだった。

(2008年3月10日22時24分 読売新聞)

Yomiuri: GOJ revising NJ registry and Gaijin Card system: More policing powers, yet no clear NJ “resident” status

mytest

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Hi Blog. Comment follows article.

============================
Ministry plans to strengthen visa system / Plan includes 5-year stay extension
The Yomiuri Shimbun Mar. 21, 2008
http://www.yomiuri.co.jp/dy/national/20080321TDY01305.htm
Courtesy of Jeff Korpa

The Justice Ministry intends to extend the current period of stay issued for foreigners from a maximum of three years to up to five years, based on the recommendation of a government panel on immigration control policies, sources said Thursday.

The panel, which has been discussing ways to improve the system for foreign residents, will submit to Justice Minister Kunio Hatoyama within this month the proposals aiming to boost convenience for foreigners living in Japan lawfully as well as strengthening measures against foreigners who overstay their visas, according to the sources.

The ministry will present to an ordinary Diet session in 2009 related bills to revise the Immigration Control and Refugee Recognition Law, the sources said.

The main pillars of the proposals will be:

— Issuing a new “foreign resident’s card” by the Immigration Bureau and abolishing foreign resident’s registration cards issued by ward, city, town and village governments.

— Requiring foreigners to report to the justice minister any changes in their places of work during their stay in Japan and other personal information.

— Requiring organizations that accept foreigners as students or trainees to report how they study or undergo training programs.

The measures are aimed at unifying and tightening government management on the control on foreign residents as well as enhancing the convenience for foreigners living in the nation lawfully, the sources said.

With the enactment of the revised Employment Measures Law in October, companies hiring foreigners are required to report to job-placement offices their names, visa statuses and other personal information.

With the panel’s recommendation the ministry intends to widen this mandatory reporting to other organizations, including universities, the sources said.

The duration of stay for foreign nationals is determined according to visa status. For example, one or three years are allowed as the duration of stay for a foreign national with the visa status of a spouse of a Japanese or of an intracompany transferee. At first, the duration of stay is one year. But if the person has no problems after this first year, it is common for the duration of stay to be extended to three years.

If the duration of stay is extended up to five years as the envisioned system suggests, renewal procedure burdens over the duration of stay would be lessened for long-stay foreign residents with Japanese spouses.

There were about 2.09 million foreign nationals with alien registrations in Japan as of Dec. 31. Of them, those subject to the envisioned system will include permanent residents (about 780,000 people), spouses of Japanese and intracompany transferees.

The envisioned system will exclude about 440,000 special permanent residents such as ethnic Korean residents in Japan. It also will exclude temporary visitors who are allowed to stay a maximum of 90 days, as well as diplomats and officials.

In response to an increase in the number of illegally overstaying foreigners, the panel set up in February last year a special committee to examine a new resident entry system for foreign nationals living in Japan, under which members conduct hearings with officials at the local municipalities, the Japan Business Federation (Nippon Keidanren) and the Japan Federation of Bar Associations.

(Mar. 21, 2008)
ENDS
===================================

COMMENT: Don’t know what to make of this policy revision yet. On one hand, we have the abolition of the old Gaijin Card and Registry system, in place since shortly after WWII to police foreigners, and registry more akin (they say) to to the current Family Registry system we have for Japanese citizens (in case you don’t know, NJ are “invisible residents”, as Japan is the only country I know of that requires citizenship to register people as juumin “residents” (cf. the juuminhyou mondai)). It also will extend the legitimacy of the former “Gaijin Cards” (which all NJ must carry 24-7 or face arrest) from three years to five. That’s the good news.

The bad news is that this measure, despite claims that it will make life “more convenient” for NJ living in Japan, is mainly a further policing measure. Registration will be centralized in the police forces (not the local municipalities any more), the replacement Cards will have more biometric data and tracking capability (RFID, anyone?), and the cards, as labelled, are rhetorically old wine in new bottles. Despite the translation of “foreigner residents’ card” below, the “zairyuu kaado”, as it’s called in the original Japanese, are not “zaijuu” cards (indicating residency with juumin no juu), rather “zairyuu” (ryuugakusei no ryuu), indicating merely a stay here from overseas.

How nice. We still have to get beyond seeing NJ in Japan as “not really residents”, and all our protestations thus far clearly have not sunk yet in with policymakers at the national level. Arudou Debito

Rube Redfield on the GOJ banning use of dispatch teachers in J universities

mytest

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Hi Blog. Here’s one loophole that has just been closed by the GOJ–about the use of “dispatch teachers” (haken sha’in) in the place of full-time workers in universities.

Some background. My friend Joe Tomei defines “dispatch workers” as:

“A ‘dispatch teacher’ is one who is employed by a company which sends them (thus, ‘dispatches’ them) and bills the school. This was quite common for companies which wanted to have language lessons, but is a bit dubious when it is a university that is getting the teacher.”

This form of “outsourcing” creates problems not only with professionality (essentially putting in “temp” workers in place of qualified professionals), but also with labor standards, as you get disposable ersatz “part-timers” replacing all educators, full- or part-time, saving money on salaries and social insurance (which the educational institution must pay half of for all full-timers). You also have issues of employee relations; with a dispatch worker, management never even has to “meet” or associate with their worker; he or she just parachutes in without any oversight–except from the third-party dispatch company. And the contracting company can at a moment’s notice say, “get rid of this person”, and he’s replaced immediately–without even a contract term limit or “reasonable grounds” that could be taken before a Labor Standards agency. Thus job security and rights for dispatch workers are even less than that for regular part-timers.

Moreover, with big-name “dispatch agencies” (such as the erstwhile NOVA, Berlitz, and David English House) getting involved in this racket, you get businesses getting a percentage as well–sending in disposable labor for a fraction of the cost of hiring anyone with job security and training. The economic incentives are clear. So clear they were abused. Now the GOJ has banned it. Bravo.

As Rube Redfield writes below, the labor unions brought this one to the authorities’ attention, and got it redressed. Well done. Again, the power of protest and activism.

There are, however, universities (such as Ritsumeikan) ignoring these new GOJ guidelines. And there are still loopholes for people in primary and secondary education, with dispatch working still happening in non-university job markets. Maybe the GOJ will get to that, too (or maybe not, with the primacy of JET in this market). More on issues with employment in the Japanese educational job market at the Blacklist of Japanese Universities.

There is another loophole recently closed by the GOJ, that of universities putting age caps on employee job announcements (“candidates must be under 35 years”, for example). That was made illegal last October 2007. But I’ll let somebody who knows more about this write something up. Arudou Debito in Sapporo

============================
Kobe Shoin and the Use of Law
By Rube Redfield, IWW

In January of 2007, the EWA began negotiations with Kobe Shoin, concerning the replacement of EWA educators with dispatch teachers from the private companies ECC and OTC. Our Chairman (incho) Neo Yamashita pointed out that the use of dispatch personnel went contrary to MEXT guidelines, but was ignored. Shoin claimed that since the Metropolitan University of Tokyo used dispatch teachers, Shoin was free to do so as well.

In a further negotiating session, EWA declared willingness to go to the Kobe Labor Relations Board, disclosing the dubious practice of using dispatch personnel to replace qualified EWA members. We were begged not to carry out our threat, but since Shoin was unwilling to negotiate on this point (or any other), we went ahead and reported directly to the Labor Relations Board. Some of you may have seen the news clips of us doing so on TV.

MEXT changed their ‘guidance’ strategy later in the year, by passing “Article 19 of Daigaku Sechi Kijun,” making the use of dispatched teachers at the college and university level illegal. The new law comes in to effect April 1, 2008.

In negotiations with Shoin this past January (2008) we inquired if Shoin were now going to obey the new law and no longer bring in people from dispatch companies. The assured us that this was the case, and that no teachers from ECC or OTC (or any other jobber) would be employed at Shoin.

Kobe Shoin changed their employment practice as a direct result of EWA pressure. This once again shows the power of unionism. If any reader knows of cases where colleges or universities are still disobeying the law, please contact us. The new law should be a powerful tool in stopping the use of dispatch teachers in higher education in Japan.

—————————-
Rube Redfield may be reached at rube39 ATT iww DOT org
ends

Links to more information on the issue, courtesy of Glenski:

The General Union has a good description of 3 ways dispatch companies operate and their pitfalls.
http://www.generalunion.org/law/dispatch

This GU link (http://www.generalunion.org/News/68?lang=jp) talks about the illegality of outsourcing because of lack of licenses.

And another GU link (http://www.generalunion.org/News/67) citing an article in the Yomiuri which gives figures on how many dispatch ALTs are out there in Osaka prefecture.

And the NAMBU Foreign Workers Caucus has a bunch of info here.
http://nambufwc.org/issues/dispatch/
ENDS

Interview (sound files) with Debito on KPIJ re activism, new book, the GOJ, and “The Japanese Way”

mytest

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Hi Blog. I had an interview a few days ago with Turner, webmaster of “Keeping Pace in Japan”, regarding the following topics. Go to his site for clickable sound files and audible answers.
http://www.keepingpaceinjapan.com/2008/03/newcomer-handbook-speaking-with-debito.html
Structure of the interview as follows:
===========================
KEEPING PACE IN JAPAN.COM
SUNDAY, MARCH 02, 2008

Newcomer Handbook: Speaking with Debito
From a phone interview, which took place on Thursday, February 21st over Skype.

I’m speaking tonight with Arudou Debito, formerly Dave Aldwinckle, naturalized Japanese citizen since 2000, human rights activist, and author of Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan and most recently the Handbook for Newcomers, Migrants, and Immigrants to Japan. Welcome, Arudou-san.

First of all, please tell us about your new book.

New book, answer

Would you recommend this book even to those who are just going to stay a year with the eikaiwa and then return home?

Eikaiwa, answer

Is there anything in the book we can’t find on the “what to do if…” section of your website?

What to do if, answer

How would you respond to people who say you don’t do things “the Japanese way”? More to the point, do you think there is such a thing?

Japanese way, answer

(Debito’s first experience in “thinking outside the box”)

Recently, there was a case involving a Pakistani girl being refused admission to a ballet school in Tokyo on what appeared to be racial discrimination. However, and correct me if I’m wrong, it turned out to be just a simple misunderstanding…

Ballet school, answer

Do you think you jumped the gun a little when you posted the story on your blog, without first contacting the school?

Jumping the gun, answer

Has there ever been a time in your activism work that you thought you acted overzealously? Were there any consequences to such actions?

Zealous, answer

There seems to a pattern among Japanese to be proud of being a monoethnic culture – do you think Japan is gradually starting to get a sense of pride from the growing diversity, or is there still this old school “closed-off island nation” mentality?

Monoethnic, answer

Ok, let me rephrase that – as far as the government is concerned, do you think there is an unspoken policy of trying to discourage immigration?

Government, answer

The basis of that question was really along the lines of your theory surrounding the police and the Gaijin Ura Hanzai File.

Police, answer

What’s your opinion about the new language requirement under consideration by the government – they haven’t really gone into specifics, but do you think a language requirement in general is a good idea for Japan?

Language requirement, answer

(Followup: Debito’s definition of a “gaijin”)

Do you think this policy is designed to – and I hate to put it this way – increase the “quality” of foreigners coming to Japan, the intelligence? In general, do you believe it’s intended to discourage or encourage immigration?

Quality of foreigners, answer

Anything else you’d like to get the word out about?

Debito’s book tour

All right, talking to Arudou Debito. Thank you very much.
————————

The book, “Handbook for Newcomers, Migrants, and Immigrants to Japan” is now available for order by fax through Debito’s website.
HANDBOOKsemifinalcover.jpg
Labels: crime in Japan, legal issues, politics in japan, racial discrimination in japan
ENDS
=========================
http://www.keepingpaceinjapan.com/2008/03/newcomer-handbook-speaking-with-debito.html
Have a listen! Debito in Sapporo

NUGW Tokyo Nambu “March in March” Mar 9, 2008 Shibuya

mytest

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Hi Blog. Word from Louis Carlet on the annual labor union march to demonstrate that NJ workers have rights and needs too. And the will to petition for them. I’ve been to two of these before; they are excellent and well worth your time. Do consider attending. You’ll be convinced that Japan is in fact a multicultural, multiethnic society and will stay that way. Arudou Debito

=========================

From: Louis Carlet
Subject: [Nambu FWC] March In March 2008 — Just 18 Days Left
Date: February 20, 2008 5:48:49 PM JST

Sisters and Brothers,

March In March Countdown — 18 days till March 9 (Sun) at 1pm in Miyashita Park in Shibuya

In March and March 2008 news, we will have another prep session this Sunday at 2pm. Get the word out now. Please foward this part of the email on to as many of your friends and family as possible. Let’s make this one the biggest ever. If you like, please feel free to make placards addressing concerns at your workplace. All former Nova teachers/current G teachers — Nova/G will be a major focus of this year’s March in March so be sure to be there so the Nova-G contingent is as large as possible.

Last year, precisely 20 Berlitz members and 10 Lado members participated. The entire membership of some small branches also attended. We also had great turnouts from our sister unions Kanagawa City Union and Zentoitsu as well as a small contingent from General Union, visiting from Osaka. And that was in hail! Imagine our numbers in good weather! Well, don’t just imagine — make it happen! Whether we get 500 or not this year depends on you and me. So let’s rev things up this year.

If you have any good ideas about increasing our numbers, please write me here and explain. We will consider all serious proposals. Nearly all the ideas we have ever implemented have been from the ranks of our membership.

Looking forward to seeing you on March 9 at 1pm in Miyashita Park, just up the hill from Shibuya Station!

In Solidarity,

Louis Carlet
Deputy General Secretary
NUGW Tokyo Nambu

March in March 2008
March 9th 2008, Shibuya, Tokyo

NUGW Tokyo Nambu – Nambu FWC
http://nambufwc.org
ENDS

inlove acidentally mp3final 20020220 fantasy mp3mp3 themis adamanditismp3 abdelli adarghalmp3 achhe lagteacrylic afternoons mp3mp3 acidhead antigravityaccord mp3 2003 Map

Terrie’s Take 456 on Immigration’s looming crackdown on NJ residents

mytest

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Hi Blog. Here’s an excellent article from Terrie Lloyd, as usual. Debito in transit.

///////////////////////////////////////////
Terrie’s Take General Edition Sunday, February 10, 2008
Issue No. 456 A weekly roundup of news & information from Terrie Lloyd. (http://www.terrie.com)

We have been through Narita immigration 3 times now since the November 20th, 2007, implementation of taking fingerprints and facial images. Prior to the changes, many foreign residents were concerned about being forced to separate with their Japanese spouses and kids and having to join the tourist lines, thus enduring a blow-out on waiting times at immigration while the family waited at the other side. In the past, permanent residents could slip through in the Japanese-only lines, in just 10-20 minutes.

After the implementation date started to loom and enough people became concerned, a number of foreign chambers of commerce got involved and made submissions to the Justice Ministry to ensure that the changes wouldn’t be detrimental to international commerce (a great platform to argue from). At the eleventh hour, the Ministry decided that there should be a separate purpose-made Permanent Resident line, so as to allow foreign permanent residents traveling frequently to China and elsewhere an easy passage in and out of Japan. It is no secret that despite the costs, some foreign multinationals prefer to have their senior management for the region reside in Japan. This proved an important point of leverage in getting the initial arrangements changed.

As a result, the reality is that now Permanent Residents (PR) wait even less time than Japanese nationals to get through immigration, and sometimes there are only 2-3 people queued at the PR line for an entire airplane arrival. It’s embarrassing to see the number angry or puzzled looks from Japanese herded into half the number of lines they once had, while the PRs waltz through.

Even the foreign tourist lines are a lot shorter than they once were, so we don’t think the Immigration folks will maintain such one-sided preference for foreign visitors for long — but it’s nice while it lasts. Perhaps more importantly, the presence of this special line (actually there are now two) proves that the Justice Ministry does in fact listen to the foreign business organizations.

And that’s probably just as well, because there appears to be a clear intention by the government to start tightening up controls on foreigners living in Japan. Foreign chambers of commerce need to start looking at these measures before they become committed to law later this year.

Over the last 2 years, there have been a number of legislatory submissions and trial PR balloons floated that indicate that the government is intending to significantly increase its control over foreigners living here. Given that many other countries also impose strict tracking and controls on foreign residents who are not migrants, this wouldn’t necessarily be such a bad thing providing that there was some upside offered such as by those other countries. In particular, Japan needs to make laws and apply the proper enforcement of UN human rights to foreign residents. Rights such as anti-discrimination, right to impartial justice, fair treatment of refugees, proper criminalization of human trafficking, and rights of children are all severely lacking. But these unfortunately don’t seem to be part of the agenda at this time.

The latest round of controls was initiated by the Justice Ministry at the end of January, and was subsequently reported on by the Japan Times, http://search.japantimes.co.jp/cgi-bin/nn20080126a1.html. The Ministry has submitted legislation to the Diet for approval this year that will scrap the Alien Registration system and replace it with a pseudo Family Register modeled on the Japanese one. The idea is that the current system tracks people as individuals, and so as their circumstances change and they get married and have kids, it is not obvious to the local authorities that these changes have occurred.

Commentary in the Japanese press seems to indicate that a driver for this change was the many Brazilian kids of Japanese-Brazilian families living in Gunma who don’t attend local schools and/or whose parents would move frequently and thus the kids were not at the schools the local authorities expected them to be at — thus causing the local government guys to embark on frequent goose chases to find out where they moved to. A Family Register would clearly alleviate this problem.

One thing to note about this proposed legislation is that the collection and distribution of data on all foreign residents in the future will become the job of the Justice Ministry, not that of the various local governments all over Japan. Centralization of the data would be achieved by collecting information from returning foreign residents at airports and/or at immigration offices, and would be keyed into central servers, as well as being encoded in to IC cards issued in replacement of the current Alien Registration card.

In and of itself, the idea of creating family registers for mid- and long-term residents in Japan is not such a bad idea. Yes, it would require that foreigners be more conscientious about registering changes of address and personal circumstance, but this would be no more onerous than for any of our Japanese colleagues. However, when you start looking at the change in context with some other recent Justice Ministry (and other Ministries) announcements, one wonders if there isn’t a larger agenda at work?

For example, take the January 2007 announcement, reported in the Nikkei, that the children of long-term foreign residents will be required in the future to attend local Japanese schools rather than English-speaking International ones, as the the current grey zone situation allows. Or the October implementation of compulsory employer reporting of foreign workers — which effectively makes employers the decision-makers on whether someone is working legally or not.

And the real kicker in December where a minister suggested that long-term residents will be given a Japanese language test before their visas are renewed. This point has got a lot of long-term Western foreign residents worried, because until now it has been perfectly feasible for someone to work for decades within the foreign community and never really become fluent in the language. Then of course, there are all the 3- to 5-year foreign CEOs appointed to manage their companies’ operations in Japan. What becomes of them and their families? We will find out when the Justice Ministry makes its final recommendations in the next month or so.

The message coming from the Justice Ministry is that they want to gain direct control over foreign residents in Japan and that they want people to be properly assimilated into society, by ensuring adequate language capabilities and their children attending regular local schools. At the same time, the number of foreign residents has been increasing at a steady rate, and so the controls don’t seem to be part of a general xenophobic trend (at least, no worse than it is at present) in government policy. Even after the highly publicized 2003 murder of a family by Chinese students, although the following year the number of students dropped by 20%, now in 2008 the total number is rising again, and will soon exceed 100,000.

Indeed, stepping back from the immediate, “What is Hatoyama and his Justice pals up to?” many of these announcements and new rules sound more like they are part of a larger plan to prepare for a large future influx of foreign residents. We speculated on this fact back at the beginning of 2007, but now it is much more obvious that this is the case. We all know that it is inevitable that the number of foreigners will increase, since not only will the nation’s factories need another 4m people in the next 10 years, but rest homes for the aged will need another 500,000 able-bodied, low-cost employees as early as 2014.

Most likely the reason the government hasn’t said publicly that they are in fact preparing the ground for a lot more foreign workers is that as polls have shown, many Japanese voters are still xenophobic, with up to 60% saying that they blame foreigners for a rise in crime, for example. So, instead, these new foreigner control law reforms are being carried out under the guise of “anti-terrorism” or “anti-crime,” which plays well to conservative voters.

So if there is a master plan, what other changes should we be expecting as foreigners living in Japan? Our guess is that the biggest change will simply be the absolute loss of privacy. Every foreign resident will be carefully checked on whether they are contributing to the social insurance program and paying their taxes. Those not complying will probably lose their residency rights — and we imagine that there will be few avenues of appeal where an administration mistake has been made. You only need to look at the process and meager results for refugee status appeals to see what the outcome is likely to be.

There will also be substantial increase in governmental department sharing of foreign resident data. A police check of all foreign fingerprints will become standard practice for all unsolved crimes. Even minor infractions of the law (fines, etc.) will become factors in evaluating continued residence, or for refusal of entry at Immigration. Less obvious will be the likely mis-use of the database for private purposes. Already private detective agencies use senior ex-police to gain inside information on individuals they are checking out (we know because we were offered to subscribe to just such a service several years ago). With the new centralized database, this will become a lot easier to do.

Then there is the issue of education of one’s children. This is a thorny issue, and probably one that will be met with significant response from the foreign community. Our guess is that this aspect of the integration program (pogrom?) will take much longer, and will require the Ministry of Education to agree to create a special category of state support for schools that don’t meet its curriculum, providing they do at least offer sufficient Japanese language exposure.

There will probably be several new visa categories. One that industry obviously wants is something that lets them bring low-cost workers in and prevents those people from using the constitutional right of freedom to work to skip off to a better paying job. Until now, the Trainee category filled that role, but industry needs something that will keep people here longer than 2-3 years. An appropriate nickname for the document will be the “slavery visa”.

Lastly, there is the even thornier question of what to do about expats. Our guess is that any new legislation passed will create a set of exemptions for those who are legitimate expat appointees in Japan. This mechanism already exists in other countries. In Australia, for example, those working on a 457 visa (Temporary Long Stay Business work visa) and earning over AUD75,000 a year can be exempt from the English language requirements normally needed.

This would conveniently provide Japan with an all-important loophole to deal with tough cases, and at the same time allow those foreign residents wanting to continue sending their kids to international schools to do so. Our guess is that this will be tacitly accepted so long as those on higher salaries keep contributing to the social insurance program!
ENDS

MOFA Feb 12, 2008 Press Conference on language requirement for NJ Visas

mytest

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Hi Blog. FYI. The GOJ has plans for everyone. Linguistically… According to the MOFA in a press conference last week, conclusions on what kinds of Japanese language tests will be required for visas are due March 2008. But you look to be exempt if you bring enough money and political clout. And note the Japan Foundation’s pole position to profiteer. Anyway, check out the embryonic policy directions… Arudou Debito in Tokyo

///////////////////////////////////////////////

Ministry of Foreign Affairs Feb 12, 2008 Press Conference by Deputy Press Secretary Tomohiko Taniguchi (EXCERPT):
http://www.mofa.go.jp/u_news/2/20080212_201139.html

IV. Questions concerning the possible Japanese-language proficiency requirements for foreigners

Q: Good afternoon. I have questions regarding the immigration laws. In France, our government, as well as Japan, is at the moment thinking about granting visas to people who get language skills first. I heard there is the same kind of project in Japan. For France the aim is really to lower immigration entries. What are the motivations for Japan, and what kind of visas will it be? Is it for long-term residents or is it for short-term residents?

Mr. Taniguchi: Speaking of people from France, many people in Japan are being reminded of two outstanding individuals: Carlos Ghosn and Philippe Troussier. Those people are not going to be required to undergo any linguistic test or examination. They can come to Japan and start working instantaneously. The same applies to other professionals like bankers, dealers and traders who would find job opportunities in Tokyo’s central district, in the financial center.

The idea is to open the entry door a little bit wider to other categories. By “other” I mean other than professionals like bankers or coaches of professional football, and so on. That said, the idea is still hotly debated at the intra-government level, especially between the Ministry of Justice and the Ministry of Foreign Affairs. But we are not spending that much time. We are going to come to a tentative conclusion sometime by the end of March. But how soon we can implement that is going to be a matter of the pace and tempo with which we can solve minute details about what sort of arrangement can be provided to what sort of people. So I am not sure how soon we can implement this program, but that is basically the situation.

Q: When you say it would not concern bankers or automotive company CEOs, then what kind of jobs or what kind of population are you talking about?

Mr. Taniguchi: Well, even in terms of professionals or people with some kind of expertise – suppose, under the current framework, you have got to prove you have in the past 10 years’ worth of work experience as a consultant, let’s imagine. Then, the idea is not to de-incentivize those people from coming to Japan, but incentivize those people to come to Japan. Therefore, probably, the entry barrier is going to be lowered from 10 years to five years depending on the linguistic skill you have. So that applies to the professionals, people with expertise. For those in other categories, people engaged in rather more simplistic kinds of work, it will affect the easiness for them to enter Japan if the applicant can prove that he or she is capable in the Japanese language.

Q: Some people say this measure is also part of the wish of Japan to take care or protect itself against some terrorist actions or things like that. Is this kind of motivation behind it, like knowing better who is coming into your country?

Mr. Taniguchi: That is not necessarily the case. The Japanese Ministry of Justice already started to require bio ID when non-Japanese visitors enter Japan – you probably have gone through the same procedure, like fingerprinting or face photo. The idea of that initiative, of course, was to check the inflow of people so that any dubious potentially terrorist sort of people could not come into Japan. So that is more to do with preventing those people from entering Japan.

But the linguistic part, the language initiative, is rather to incentivize people not only to come to Japan, but also to feel more relaxed in their working conditions and environment. The two initiatives are totally different from one another.

Q: I just have a last question, and then my colleagues could ask you questions as well. Japanese is not an easy language, like I would say French is not an easy one as well. Don’t you fear that asking people to have linguistic skills in Japan is going to have people say, “OK, I will go someplace else,” and not try to come to Japan.

Mr. Taniguchi: That is the last kind of scenario that the Japanese Government wants. Therefore, we have to stress once again, and again and again, that the new initiative is not to dis-incentivize people from coming to Japan, but to incentivize, encourage people from abroad to come to Japan. So the idea is, if you speak Japanese it will be made easier for you to find job opportunities in Japan. So that is the basic outline.

Q: In terms of language skills, what kind of level are you thinking about?

Mr. Taniguchi: It is another matter of concern. It is one area that we have to spend a lot of time on, because at the moment the Japan Foundation is conducting the language examination only once a year or so. The frequency is much less than would be required. But we have to work together with the Japan Foundation, which is the body implementing the linguistic examination. So, ranging from that to many other minute details, we have to work out many things in order for it to be implemented.

Q: While we are on the topic, a related question. You mentioned intra-governmental discussions: how frequently are these held?

Mr. Taniguchi: Rather more frequently than you could imagine, because we are thinking of coming up with a tentative proposal by the end of March. Overall direction will be set sooner rather than later, within this fiscal year – that is, obviously, by the end of March.

Q: Is this a regular meeting?

Mr. Taniguchi: Well, it is an ad hoc meeting, so it is not the regular kind of meeting between the Ministry of Justice and the Ministry of Foreign Affairs.

Q: Do you know anything about the pace, and how many meetings have been held?

Mr. Taniguchi: Well, I do not know. I will have to check it out.

Q: Can you confirm that?

Mr. Taniguchi: Yes, I can.

(skip)

VI. Follow-up questions on the possible Japanese-language proficiency requirements for foreigners

Q: You mentioned the Japan Foundation’s role in this immigration measure. Very concretely, how would it work? Is that like your embassies or consulates would check the level of people before granting a visa?

Mr. Taniguchi: The honest answer is: I don’t know yet. The Japan Foundation is not a government body: it is an independent administrative agency, partially supported by taxpayers’ money. The Japan Foundation’s prime role is to enhance Japanese-language education as much as possible, just like Academie Francaise. The frequency of the Japanese-language test normally is once a year, which is far less than sufficient. In order for the Japanese Government to implement this program to require newly entering people to go through the language test it will of course take much, much more effort to be done by the Japan Foundation. So we have to work it out. No concrete picture has emerged yet.

Q: Because when you talk about the yearly test: this is conducted in any country where the Japan Foundation has some kind of representation? Is there one in Paris, for example?

Mr. Taniguchi: In Paris, I understand, it is a regular event.

Q: Okay, thank you.
ENDS
EXCERPT OF PRESS CONFERENCE ENDS

Mainichi: Chinese Trainees awarded big after taking exploitative strawberry farm to court

mytest

Hi Blog. Update to an earlier story on this blog. Good news about Strawberry Fields. You know the place where justice got real…

Congrats to the Trainees who didn’t just go home like good little disenfranchised Guest Workers, and managed to get the Japanese judiciary to establish deterrents to exploitative employers. Arudou Debito

============================
Employees win suit against Tochigi farms for unpaid wages, unfair dismissals
Mainichi Shinbun February 11, 2008
http://mdn.mainichi.jp/national/news/20080211p2a00m0na009000c.html
Courtesy of Ben Shearon

TSUGA, Tochigi — A group of strawberry farmers will have to pay a combined 30 million yen in unpaid and overtime wages, and reinstate five Chinese trainees who were unfairly dismissed after losing a class action suit brought against them by their employees.

The farmers have also acknowledged that they took away some of the trainees’ passports and forced them to save their wages: which, if proved, would constitute an illegal act, barring the farmers from accepting future trainees, according to the Ministry of Justice.

The trouble began when the Choboen strawberry farm in Tsuga dismissed five Chinese trainees in December last year because of a poor harvest, and attempted to force them to go back to their home country.

The five joined 10 trainees at six other strawberry farms in demanding 52.25 million yen in unpaid wages and overtime allowances over the past three years.

The owners of the seven farms have apologized for forcing the trainees to work for long hours and paying overtime allowances below the legal minimum. They agreed to pay a total of about 30 million yen to the 15, and Choboen retracted its dismissals.
(Mainichi Japan) February 11, 2008
ENDS

毎日:イチゴ農園が解決金3000万円 栃木

mytest

ブログの読者、以前取りあげたトピックスをアップデートを載せます。有道 出人

======================

中国人解雇:イチゴ農園が解決金3000万円 栃木
毎日新聞 2008年2月11日 2時30分 http://mainichi.jp/select/wadai/news/20080211k0000m040115000c.html

 栃木県のイチゴ農園が不作を理由に中国人技能実習生を解雇し、トラブルになっていた問題は、農家7軒が約3000万円の解決金を実習生計15人に支払うことで合意した。農家側は謝罪し、解雇を撤回した。

 同県都賀町のイチゴ農園「長苺(ちょうぼ)園」の実習生5人が昨年12月解雇され、無理やり帰国させられそうになったことからトラブルになった。5人は他の6農園の実習生10人と合流し、残業代など3年分の未払い賃金約5225万円を要求していた。

 農家側弁護士によると、最低賃金を下回る残業代だったことや、長時間労働を認めて謝罪。解決金として約3000万円を支払うことで合意した。

 農家側はこのほかに、パスポートを取り上げたり、貯金を強制したりするなどの行為があったことも認めている。法務省は「事実が確認できれば不正行為に該当し、受け入れ停止などの処分対象となる」と話している。【宮川裕章】

毎日新聞 2008年2月11日 2時30分
ENDS

朝日:外国人研修生、ブローカー介在禁止に 法務省 MOJ: Brokers to be banned for NJ Trainees

mytest

Hi Blog. No time to translate today. Some good news–the practice of using so-called “Brokers” for Foreign Trainee workers (who have no rights under labor law, as they’re only Trainees, and are thus quite easily exploited) are to be banned by the GOJ. So announces the MOJ in this article from the Asahi. Not an elixir, but a step in the right direction.

More on the problems with Brokers here. Debito

=======================

外国人研修生、ブローカー介在禁止に 法務省
朝日新聞 2007年12月25日09時50分
http://www.asahi.com/politics/update/1224/TKY200712240151.html

 外国人に日本の企業で知識や技術を身につけてもらう外国人研修・技能実習制度について、法務省は、受け入れ機関などに対して示している運用の指針を初めて改定する。制度は、安上がりな労働力の確保に利用されるなど、本来の狙いからかけ離れた運用が横行しているのが実情。このため、ブローカーを介在した受け入れを明確に禁止するなど改善を図る。

 研修・実習生は現在16万人。商工会や中小企業団体などが受け入れ機関となり、紹介を受けた企業などが最長3年の研修・実習を行う。だが、法務省が06年に「不正行為があった」と認定した機関は229機関と過去最多に。失踪(しっそう)する研修・実習生も増加し、同年は2201人に上った。

 同省が改定するのは、「研修生及び技能実習生の入国・在留管理に関する指針」(99年策定)。これまでは抽象的に表現されていた「留意事項」や「不正行為」を具体的に列挙することにした。

 受け入れ機関に対しては、研修先の企業を「労働力不足の解消」といった広告で募集することを禁止。商工会などの機関が名目だけの受け入れ機関になってブローカーに「丸投げ」し、ブローカーが不当に利益を得るのを防ぐ目的から「公的性格を有する機関が名目のみの受け入れ機関になり、実質は他の機関が研修を行うこと」を禁止項目として明記した。

 また、海外の派遣機関が、研修・実習生から法外な保証金を取っているケースがあることを踏まえ、「徴収が判明した場合、その派遣機関からの受け入れを取りやめる」ことも盛り込んだ。

 研修・実習生を保護するため、受け入れ機関に「失踪防止」を理由に宿舎からの外出を禁止する▽希望の有無にかかわらず旅券や通帳を預かる▽所定時間以外の作業を強要する——ことなどを不正行為として明記。違反すれば3年間、新規の研修・実習生の受け入れを認めないこととした。

 同省は年内にも公表し、年明けから各機関に説明を始める予定だ。
ENDS

Sankei snipes at Chinese workers, comparing Pension System temp inputters with toxic gyouza

mytest

–FIRST OFF, WANT TO THANK ALL THOSE IN THE COMMENTS SECTION BELOW FOR TAKING THE TROUBLE TO CORRECT MY POOR TRANSLATION. SORRY. CORRECTING MY BLOG POST PROPERLY TO MATCH. DEBITO

Hi Blog. Get a load of this. The Sankei trowels on the insinuations–by comparing the Chinese gyouza poisonings with Chinese temporary workers inputting data into the troubled Japanese pension system. As if letting in Chinese workers to do a Japanese’s work is like letting in toxic gyouza.

Whatta headline. True colors disguised as wry humor by the good ol’ Sankei Shinbun. Somebody reel in the editor… Arudou Debito

====================

IS IT ONLY GYOUZA? ARE FOREIGN TEMP WORKERS AT FAULT FOR RECORDKEEPING MISTAKES WITHIN THE NENKIN PENSION SYSTEM?
Sankei Shinbun January 30, 2008
http://sankei.jp.msn.com/affairs/crime/080130/crm0801302223050-n1.htm
Courtesy of C, translated by Arudou Debito and online assistants

On January 29, it became clear at a DPJ General Meeting for Health Welfare and Labor issues that Chinese temporary workers (haken sha-in), have caused problems with digital conversion of handwritten data into online computer databases.

The old system using handwritten passbooks has resulted in about 14,660,000 future pensioners, who have paid into the system but are not yet recorded as eligible for benefits, going unrecorded digitally.

According to the Social Insurance Agency, between December 10 and 20 of last year, about 60 foreign temp workers were inputting data. However, their inability to input correct kanji readings, or separate surname and first names of entrants, had caused errors in the system. The Social Insurance Agency says that by switching all these workers with Japanese people, they’ve corrected all errors, and are now considering lowering the amount of money paid out to the companies brokering their temp workers.
====================
ENDS

産經:ギョーザだけじゃない?年金記録転記ミスは外国人のせい?

mytest

ギョーザだけじゃない? 派遣中国人が年金記録転記ミス
産經新聞 2008.1.30 22:23
http://sankei.jp.msn.com/affairs/crime/080130/crm0801302223050-n1.htm
このニュースのトピックス:年金問題

 年金記録紛失問題で、オンラインシステムに未入力の「旧台帳」と呼ばれる手書き台帳記録約1466万件について、手書きデータをコンピューター入力用紙に転記する際に、中国人などの派遣労働者が漢字を読み間違い、誤記するトラブルが発生していたことが29日、民主党の厚生労働・総務部門会議で明らかになった。

 社会保険庁によると、昨年12月10日から20日までの間、外国人派遣労働者約60人に転記作業を行わせたところ、名字と名前の区切りを間違うなどのミスを連発。社保庁は全員を日本人に交代させた上で、すでにすべての転記ミスを修正しており、今後は派遣会社への派遣料支払額を減らすことも検討している。
ends

Mainichi: Wage dispute between Chinese Trainees and Tochigi strawberry farm

mytest

Hi Blog. Another report of exploited imported labor fighting back. Of course, the employers blame labor for their plight. Strawberry Fields Forever….

==========================

Wage row erupts between strawberry farms, sacked Chinese apprentices
Mainichi Shinbun January 29, 2008
http://mdn.mainichi.jp/national/news/20080129p2a00m0na022000c.html
Courtesy Ben S.

TSUGA, Tochigi — A dispute has erupted between a group of Chinese apprentices and strawberry farms in Japan after one farm sacked a group of students and tried to force them to leave the country.

A total of 15 apprentices have fled from the farm operators and are demanding a total of about 52.25 million yen in unpaid wages for the past three years.

Sources close to the case said that the 15 male apprentices, from China’s Shandong and Heilongjiang provinces, came to Japan in the spring of 2005 as farm trainees. After one year of training, they got work at seven strawberry farms and expected to continue their jobs until this spring.

However, in December last year the Choboen strawberry farm in Tsuga informed five of the apprentices that they were being dismissed due to a poor harvest. The farm had a guard accompany them and put them on a bus to Narita Airport and tried to make them return to China, which caused a scuffle to break out.

The five apprentices contacted the Tokyo-based Zentoitsu Workers Union, which supports foreign trainees and skilled apprentices, and 10 foreign workers from six other farms joined up with them afterwards.

One of the apprentices, 34-year-old Zhang Limin, said they had been treated poorly.

“We were treated like slaves, and I always had the feeling that we were looked down on,” he said.

The strawberry farms, located in the Tochigi Prefecture towns of Tsuga, Haga and Ninomiya, paid the apprentices only 500 yen an hour, which was below the prefecture’s minimum hourly wage of about 670 yen. The workers union is demanding that the unpaid wages be given to the students and that the five who were sacked be reinstated.

Choboen officials have admitted that they went too far in trying to force the apprentices to leave the country, but have argued that the dismissal of the students was not unfair. The farms are seeking a reduction to the amount of unpaid wages they owe, which has caused negotiations to run into trouble.

The seven strawberry farms belong to a Tochigi farming cooperative. The head of the cooperative suggested that the apprentices had not taken a serious approach to their work, saying, “If they are high-caliber workers then there’s no need to make them return.”
ENDS

毎日:イチゴ農家:中国人実習生と雇用めぐりトラブル

mytest

イチゴ農家:中国人実習生と雇用めぐりトラブル
毎日新聞2008年1月29日
http://mainichi.jp/select/jiken/news/20080129k0000m040150000c.html

「日本は人権の国だと思っていたが違った」と語る張利民さん(中央)ら実習生=東京都台東区で宮川裕章撮影

実習生が逃げ出し、栽培できなくなったイチゴを手にする農園の経営者=栃木県芳賀町で宮川裕章撮影

 栃木県都賀(つが)町のイチゴ農園「長苺(ちょうぼ)園」が昨年12月、「不作で仕事がなくなった」との理由で中国人実習生5人を解雇し無りやり帰国させようとしたところ、「栃園(とちえん)会事業協同組合」(江田一之理事長)に加入する長苺園などイチゴ農家7軒(都賀、芳賀(はが)、二宮の3町)の実習生計15人が逃げ出し、逆に、過去3年の未払い賃金として計約5225万円分の支払いを求めるトラブルになっている。

 関係者の話を総合すると、15人は中国山東省と黒竜江省出身の男性で、05年春に農業研修生として来日。1年の研修後、今春までの2年の予定で農家7軒で働いていた。昨年12月9日、長苺園が「不作」を理由に勤務する5人に解雇を通知。警備員も同行させバスで成田空港まで連れて行き帰国させようとしてもみ合いになった。

 5人は外国人研修・技能実習生の支援をしている全統一労働組合(東京都台東区)に連絡して保護され、この日のうちに他の6農園の10人も合流した。

 各農園は同県の最低賃金(約670円)を下回る時給500円の残業代しか払っておらず、労組側は未払い賃金の返還とともに、5人の解雇撤回を求めている。長苺園は強制帰国について「行き過ぎがあった」と認めたが、「解雇は不当ではない」と反論。各農園は未払い賃金については減額を要求し、交渉が難航している。

 江田栃園会理事長は「優秀な実習生なら帰す必要はない」と、勤務態度がふまじめだったことを示唆する。一方、実習生の一人で黒竜江省ハルビン出身の張利民さん(34)は「奴隷のように扱われ、見下されている気がずっとしていた」と不満を訴えている。【外国人就労問題取材班】

 ◇指針、徹底されず

 法務省は昨年12月、外国人研修・技能実習生の受け入れ企業・団体に対して「研修手当や賃金の不払い」など不正行為を明記した指針を明らかにしたが、徹底されていない。

 冬から春は「とちおとめ」などイチゴ収穫の最盛期。実習生たちは朝5時に起床し、摘み取り、包装作業を午後10時ごろまで続けた。「農家に休みはない」と土日も働いた。

 栃園会加盟のある農園経営者(55)は、肉牛を飼育していたが、牛海綿状脳症(BSE)問題の影響で7000万円を借金した。再起をかけてイチゴ栽培を始め、安い労働力と考えて研修生を受け入れたという。

 この経営者は「法律の仕組みのことは、行政が教えてくれないと分からない」と残業代の一部が未払いになったことを弁解する。

 経営難は深刻だ。しかし、制度を利用する以上、企業同様に労働者として対応することが求められる。【宮川裕章】

Kandai PR Harassment: Why you don’t let non-Immigration people make Immigration decisions…

mytest

Hi Blog. As regular readers know, as of October 1, 2007, all employers must report their NJ employees to the MHLW’s unemployment office, Hello Work, or face fines for potentially employing NJ in violation of their visas.

We’ve already uncovered on Debito.org some enforcement difficulties in deciding whether this meant NJ employed “full-time” or “part time” (this, as usual from a GOJ that likes grey areas of enforcement, has been left vague), with one case of somebody being demanded his Gaijin Card for receiving 500 yen compensation! Ludicrous.

Now here’s the next phase. An angry email from a friend of a friend, edited somewhat but with preserved emphases. About a person being hassled by his workplace (Kansai University) regarding issues they clearly know nothing about: over a Re-Entry Permit (being told he’s illegal visawise unless he gets one; wrong) despite being a Permanent Resident. Blogged with permission.

This is why you don’t let people who know nothing of Immigration law make Immigration decisions. Expect more of this sort of thing in future. Arudou Debito in Sapporo

//////////////////////////////////////////

PREAMBLE FROM FORWARDING FRIEND:

I got this mail from a colleague the other day. I am sending it (mostly uncut) to the PALE list to show how schools, which are not immigration officials, can mess up and abuse their power in potentially harmful ways.

Some background:
Apparently the govt. has asked employers to make sure all of their employees have valid papers to work in Japan. Some colleges, such as Kansai University, has therefore been asking non Japanese teaching personnel to prove their status. Others have ignored this, or gone about it another way. Signed, RR.

PS The letter did no good, and KanDai is still hasseling the instructor in question. His gaijin card, which they initially told him had expired (it did not, it is good until late 2008) stated that he was on a spouse visa, and since he was recently divorced, KanDai’s interpretation was that he was no long legally in the country. The problem is that the cards are good for 10 years, and that the card holder had subsequently moved to permanent resident status, a change that was not reflected in the actual card.

FORWARDED EMAIL FOLLOWS:

————————–
Maybe you can clarify this issue for me. Please read the letter below that I sent to Kandai.

While I have not renewed my Reentry Permit yet (which expired in October; from what I understand from many foreign teachers who have Permanent Resident status here, the only problem with having this expire and not renewed is that I cannot get back into Japan–if I leave), I planned to renew it after my classes ended. I have been too busy to go to the Marutamachi office during the semester.

I went to the ward office with a Japanese friend after Kandai told me that I was here illegally. The ward office staff there told me (after seeing my passport and Gaijin Card) that there was no problem with me being here illegally–that I am a PR and therefore legal–and that there is no PR visa that expires.

Kandai still insists that there is a problem. I will go to Marutamachi office later this week–when my friend has time to go. I do not want to go alone, because, if there is a problem, I would be arrested and probably thrown in jail. I want someone to know that I have been arrested, so that they can contact a lawyer or the union.

====================================

Dear Ueno-sama,

Enclosed are copies of the relevant stamps in my passport. Please pass them—and this letter—on to the appropriate person.

I am a PERMANENT RESIDENT in Japan. Please be clear on this point. I have talked with NUMEROUS people (ward office staff and foreign permanent residents teachers of long standing here) about the problem that your office has with my “Gaijin Card”–and they all say that your office is reading the card wrong and that your office apparently does not understand the laws and regulations concerning foreign resident status.

On Christmas Day (a religious holiday for me), I went down to my ward office—and they told me that there was NOTHING ILLEGALLY WRONG with my status here and that they see NO PROBLEM.

Now, I must go down to the Immigration Office (and waste one more day of my time to sort this problem out because after the new year began, your office, again, insisted that there was a problem.

I am sure that there is NOTHING ILLEGAL about my documents—the pertinent one has not expired. From what I understand, the PR visa does not even have to be renewed.

Nevertheless, because your office keeps INSISTING THAT I AM HERE ILLEGALLY, I MUST WASTE ANOTHER DAY IN ORDER TO STRAIGHTEN OUT THIS MATTER. I WILL ASK THE IMMIGRATION OFFICE TO CALL YOUR OFFICE—OR TO WRITE YOUR OFFICE A LETTER–TO INFORM YOU AS TO HOW PERMANENT RESIDENCY STATUS HERE WORKS.

Your office has asked to see my card a few times now and you have made numerous copies. You have asked to see my passport, which, legally, there is no reason your office needs to see this.

I HOPE THAT THESE COPIES FINALLY SOLVE THE PROBLEM.

I only say all of this because your office has caused me much stress over this matter (having an expired visa is cause for arrest, imprisonment–and deportation here—quite harsh punishments—and quite racist, as a matter of fact). So, your office has caused me much worry and wasted time on this matter.

It really makes me wonder if I have been singled out for harassment because I am a union member at Kandai. I will forward a copy of this to my union president, just so my union is aware of this issue. (Ueno-sama, I realize that you are only doing what you are told—but the people in the office should make it a point to understand the law.)
Sincerely,< < __._,_.___ ENDS

Speech at Waseda Jan 22, 5PM, on Japan’s Immigration and Human Rights Record

mytest

Hi Blog. As promised, here are the details of my upcoming speech Tuesday evening, speaking with Amnesty and Waseda professor in a joint roundtable. Attend if you like. I’m speaking for 20 minutes… Debito in Tokyo

WASEDA UNIVERSITY DOCTORAL STUDENT NETWORK PRESENTS
JANUARY 22, 2008 5PM
FEATURED SPEAKERS:

Implications of Japanese domestic human rights record (for foreign residents or Japanese) on Asian Integration

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SPEAKER ONE:
Implications of Domestic Human Rights Practices on Asian Regional Integration

ARUDOU Debito (BA Cornell, 1987; MPIA UC San Diego, 1991) is a naturalized Japanese citizen and Associate Professor at Hokkaido Information University. A human rights activist, he has authored two books, Japaniizu Onrii–Otaru Onsen Nyuuyoku Kyohi Mondai to Jinshu Sabetsu and its English version (Akashi Shoten 2003 and 2004, updated2006), and is currently at work on a bilingual handbook for immigrants to Japan. He also puts out a regular newsletter and columns for The Japan Times. His extensive bilingual website on human rights issues and living in Japan is available at http://www.debito.org

Abstract
Japan is at another one of those crossroads–where it could either head down the path of other developed countries, accepting migration and immigration as a natural part of global interdependence (preserving an economic and demographic vitality), or else become an economic backwater with an aged society, leapfrogged by China as Asia’s regional representative to the world. Official trends, including increased registering, policing, and scare campaigns towards non-Japanese entrants and residents, have tended towards the latter. However, the last two decades of economic and labor policy have been clearly towards importing unskilled workers to replace Japanese in the less savory 3K industries. This gap has made work and living conditions for many non-Japanese in Japan unequal and difficult, as they receive few constitutional or legal protections against discrimination. Moreover, many receive no labor rights whatsoever by dint of their visa. The speaker, an activist, columnist, and author on issues of discrimination, will discuss his research and activism. He will also allude to how Japan’s treatment of migrants and immigrants is a reflection of its attitudes towards its Asian neighbors, and towards regional cooperation and integration in this age of globalization and economic interdependence.
Presentation in English

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SPEAKER TWO:
「Implications of Japanese domestic human rights record (for foreign residents or Japanese) on Asian Integration from the perspective of an NGO and in particular Amnesty International Japan」

Sonoko Kawakami, Official Representative, Amnesty International Japan
川上園子 (E-mail:ksonoko@amnesty.or.jp)
社団法人アムネスティ・インターナショナル日本 (ホームページ:http://www.amnesty.or.jp/)
★アムネスティ・メールマガジンのお申し込みはこちらから! http://www.amnesty.or.jp/) http://secure.amnesty.or.jp/campaign/
Presentation in Japanese

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COMMENTATOR

Associate Professor Yasushi Katsuma
Field of specialization:
Peace and Human Security; International Human Rights; Theories of Social Development; United Nations Studies

Prof. Katsuma was a consultant for Japanese ODA, conducting development research in Asia and Latin America. After obtaining his Ph.D. from the University of Wisconsin at Madison, based on his dissertation study in Bolivia, Prof. Katsuma joined the United Nations Children’s Fund (UNICEF) and worked in Mexico, Afghanistan/Pakistan and Tokyo, as international civil servant. Based on his experiences both in the academia and in the practice of international cooperation, Prof. Katsuma hopes to support the academic training necessary for those who wish to contribute to the international community. He also believes that it is important to approach the global issues from the perspective of the most vulnerable people, linking academic theories with empirical data from the field.

日時 :   2008年 1月 22日(火)   午後 5時~7時
Date :   Tuesday January 22     17:00~19:00
会場 :   西早稲田 ビル 19号館 710号室  
Venue :   Sodai-Nishiwaseda Bldg 19 Room 710    
主催 / Organized by :  WUDSN  協力 / Supported by :  GIARI
申込不要、自由入場  /  Open to public, Free of Charge
http://www.waseda.jp/gsaps/WUDSN/WUDSNindex.htm
ENDS

Historical artifact: NJ Jobs in 1984 (Tokyo Shinbun)

mytest

Here’s a little something friend Mark S sent on to me after cleaning off his bookshelves:

Shokugyo.0288.jpg

Yep, according to some magazine in Feb 88 citing Tokyo Shinbun January 8, 1988, the most popular jobs for foreigners in 1984 were:

1. Entertainers and Pro Sports
2. People working in regular companies
3. Foreign-language educators
4. Cooks of foreign foods
5. Artists and artisans
6. Academics in higher education
7. Technical specialists
(a mere 13 counted)

The article also mentions the concurrent Eikaiwa boom (with a snipe at why Japanese foreign language abilities seem to be going down).

It doesn’t mention the hundreds of thousands of Zainichi generational foreigners (probably by only counting “zairyuu gaikokujin”, even though only doing that still gives a very slanted account of how many foreigners are here), or the trades they engage in (entertainment, pachinko, regular corporate, and the olive-oil-style front businesses). And even if you total the numbers given, less than 15,000 people still seems artificially low. I guess either this is within Tokyo-to itself, or else bad social science isn’t only the province of the present day.

In any case, those were the days, for some. Now with the NJ population more than doubled since then, and most NJ residents are not from Anglophone countries (so lose the big gaijin noses whenever you try to depict a foreigner), I bet the highest number of NJ in one job sector would be factory worker.

Any other insights out there on the numbers then and now? Go for it. Debito in Sapporo

Economist Leader makes the case why immigration is a good thing

mytest

Hi Blog. No mention of Japan in this week’s Economist Leader (and no wonder), but I put it on Debito.org with links to a fuller article because it makes many arguments that ought to be heard. Why should Japan accept NJ and encourage immigration? Because it stands to benefit. Here are some arguments from the experts, tracing many of the social trends, backlashes, and lessons that apply just as well to Japan. Underlined for your convenience. Arudou Debito in Sapporo

//////////////////////////////////////////////

Global migration
Keep the borders open
Jan 3rd 2008 From The Economist print edition
http://www.economist.com/opinion/displaystory.cfm?story_id=10430282

The backlash against immigrants in the rich world is a threat to prosperity everywhere

ITALIANS blame gypsies from Romania for a spate of crime. British politicians of all stripes promise to curb the rapid immigration of recent years. Voters in France, Switzerland and Denmark last year rewarded politicians who promised to keep out strangers. In America, too, huddled masses are less welcome as many presidential candidates promise to fence off Mexico. And around the rich world, immigration has been rising to the top of voters’ lists of concerns—which, for those who believe that migration greatly benefits both recipient and donor countries, is a worry in itself.

As our special report this week argues, immigration takes many forms. The influx of Poles to Britain, of Mexicans to America, of Zimbabweans to South Africa and of Bangladeshis to the Persian Gulf has different causes and consequences in each case. But most often migration is about young, motivated, dynamic people seeking to better themselves by hard work.

History has shown that immigration encourages prosperity. Tens of millions of Europeans who made it to the New World in the 19th and 20th centuries improved their lot, just as the near 40m foreign-born are doing in America today. Many migrants return home with new skills, savings, technology and bright ideas. Remittances to poor countries in 2006 were worth at least $260 billion—more, in many countries, than aid and foreign investment combined. Letting in migrants does vastly more good for the world’s poor than stuffing any number of notes into Oxfam tins.

The movement of people also helps the rich world. Prosperous countries with greying workforces rely ever more on young foreigners. Indeed, advanced economies compete vigorously for outsiders’ skills. Around a third of the Americans who won Nobel prizes in physics in the past seven years were born abroad. About 40% of science and engineering PhDs working in America are immigrants. Around a third of Silicon Valley companies were started by Indians and Chinese. The low-skilled are needed too, especially in farming, services and care for children and the elderly. It is no coincidence that countries that welcome immigrants—such as Sweden, Ireland, America and Britain—have better economic records than those that shun them.

Face the fears

Given all these gains, why the backlash? Partly because politicians prefer to pander to xenophobic fears than to explain immigration’s benefits. But not all fear of foreigners is irrational. Voters have genuine concerns. Large numbers of incomers may be unsettling; economic gloom makes natives fear for their jobs; sharp disparities of income across borders threaten rich countries with floods of foreigners; outsiders who look and sound notably different from their hosts may find it hard to integrate. To keep borders open, such fears have to be acknowledged and dealt with, not swept under the carpet.

Immigration can, for instance, hurt the least skilled by depressing their wages. But these workers are at greater risk from new technology and foreign goods. The answer is not to impoverish the whole economy by keeping out immigrants but to equip this group with the skills it anyway needs.

Americans object to the presence of around 12m illegal migrant workers in a country with high rates of legal migration. But given the American economy’s reliance on them, it is not just futile but also foolish to build taller fences to keep them out. Better for Congress to resume its efforts to bring such workers out of the shadows, by opening more routes for legal, perhaps temporary, migration, and an amnesty for long-standing, law-abiding workers already in the country. Politicians in rich countries should also be honest about, and quicker to raise spending to deal with, the strains that immigrants place on public services.

It is not all about money, however. As the London Tube bombers and Paris’s burning banlieues have shown, the social integration of new arrivals is also crucial. The advent of Islamist terrorism has sharpened old fears that incoming foreigners may fail to adopt the basic values of the host country. Tackling this threat will never be simple. But nor would blocking migration do much to stop the dedicated terrorist. Better to seek ways to isolate the extremist fringe, by making a greater effort to inculcate common values of citizenship where these are lacking, and through a flexible labour market to provide the disaffected with rewarding jobs.

Above all, perspective is needed. The vast population movements of the past four decades have not brought the social strife the scaremongers predicted. On the contrary, they have offered a better life for millions of migrants and enriched the receiving countries both culturally and materially. But to preserve these great benefits in the future, politicians need the courage not only to speak up against the populist tide in favour of the gains immigration can bring, but also to deal honestly with the problems it can sometimes cause.
ENDS

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MORE ON THIS SUBJECT AT THE ECONOMIST AT
MIGRATION: Open up
Jan 3rd 2008 From The Economist print edition
Despite a growing backlash, the boom in migration has been mostly good for both sending and recipient countries, says Adam Roberts
http://www.economist.com/specialreports/displayStory.cfm?story_id=10286197
ends

Japan Today: Naturalized Chinese sues Hitachi for contract nonrenewal

mytest

Hi Blog. Here’s another lawsuit of note (sorry for not seeing it sooner).

Note the errroneous headline. This person is not a Chinese worker. She is a naturalized Japanese citizen, therefore a Japanese. Bishibashi for the copy editor (and the translation is pretty hokey too).

Quick comment follows article.

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Hitachi sued by Chinese worker
Japan Today November 27, 2007
http://www.japantoday.com/jp/shukan/424

Hitachi is being sued for discrimination by a Chinese employee. The case is being watched by many major Japanese manufacturing companies because it’s quite a rare case that discrimination against their foreign workers becomes public.

The plaintiff graduated from a Chinese university and obtained a masters degree at a Japanese university. She joined Hitachi in 1994, and obtained Japanese citizenship during her career there. She is now 58 years old.

According to the plaintiff, after a one-year probation, she was hired by Hitachi and asked to work for a section dealing with China and assigned translation tasks. She was supposed to be given a full-time contract. But because of a working visa problem, she was given the status of a “non-regular staff,” which requires annual renewal of the contract. In April of 2004, Hitachi told her that they would not renew the contract.

In June of 2006, she sued Hitachi, saying, “The one-year contract as a non-regular staff is just an ad hoc measure, and I was virtually working full-time. There is no justification for making me quit.” In her suit, she has requested “confirmation of her rights in the contract,” unpaid salaries and 10 million yen compensation.

Hitachi says that she is just a non-regular worker whose contract had to be renewed annually and that the company let her go because her contract had finished.

However, on Oct 15, the plaintiff invited a former head of the Tokyo Immigration Bureau, Hidenori Sakanaka, who is now a specialist in foreign worker issues in Japan, to court. Sakanaka questioned Hitachi’s appeal, saying, “The plaintiff was given a special status called ‘Specialist in Humanities / International Services.’ This special status is given only to those who work as full-time staff and never given to ‘non-regular staff’ because ‘non-regular staff’ is not a legally recognized labor status.”

A lawyer who specializes in corporate laws says, “It’s actually common for foreign workers to renew their employment contracts every three years in order to renew their visa. I think corporations generally don’t fire their foreign employees who work full-time.”

Hitachi has refused further comments on the case, saying it is still a court matter. However, Sakanaka says the Hitachi case is the tip of the iceberg. Since China is an important market for Japanese companies, labor problems with Chinese employees could become more common from now on, he says. (Translated by Taro Fujimoto)
ENDS
===========================

COMMENT: The thing I don’t get about this article is that the plaintiff got Japanese citizenship while she was working at Hitachi, so why is visa and employment even an issue? Is she a Japanese worker or not? And did her work status not changed when she naturalized? And wow, this case is taking a long time, if she first filed suit in 2006!

Anyway, her case might help bring about some consistancy in the arrayed grey zone between perpetually-renewed contracted NJ and part-time J workers–something employers have been using to keep their staff disposable at will. Arudou Debito in Sapporo

Yomiuri: GOJ to forbid employers from confiscating NJ passports

mytest

Hi Blog. Here’s some good news.

After much trouble with employers confiscating NJ worker passports (ostensible reasons given in the article, but much of the time it led to abuses, even slavery, with the passport retained as a Sword of Damocles to elicit compliance from workers), the GOJ looks like it will finally make the practice expressly illegal.

About time–a passport is the property of the issuing government, and not something a foreign government (or another person) can impound indefinitely. The fact that it’s been used as a weapon to keep the foreign Trainee laborer in line for nearly two decades speaks volumes about the GOJ’s will to protect people’s rights once they get here.

Glad this is finally coming on the books. Now let’s hope it gets enforced. Referential articles follow Yomiuri article:

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Govt guidelines to forbid firms to keep foreign trainees’ passports
The Yomiuri Shimbun, Dec 18, 2007
http://www.yomiuri.co.jp/dy/national/20071218TDY01307.htm
Courtesy Jeff Korpa and Mark Schreiber

The Justice Ministry looks set to stop companies that accept foreign trainees from confiscating trainees’ passports and foreign registration certificates, ministry sources said Monday.

The toughened ministry guidelines for host companies also state that preventing foreign trainees from traveling wherever they wish to go when they are off duty is unacceptable. Firms have been curtailing the movement of workers and holding on to passports and certificates to prevent such trainees from disappearing.

The ministry will likely release the guidelines this week and will notify organizations, including commerce and industry associations, that accept foreign trainees of the new rules.

The foreign trainee system was designed to enhance international relations by introducing foreign trainees to new technology and skills, but it often has been misused as an excuse to bring unskilled workers into the country.

Commerce and industry associations and organizations of small and midsize companies accept foreign trainees, who are introduced to companies to learn skills for up to three years.

Under the current system, foreign trainees receive one year of training followed by two years as on-the-job trainees. As the training year is not considered employment, such workers are not protected by the Labor Standards Law.

The new guidelines for the entry and stay management of foreign trainees are a revised version of the 1999 guidelines.

The new guidelines prohibit host companies from using improper methods to manage foreign trainees, such as holding their passports, and foreign nationals from being accepted through brokering organizations other than via authorized organizations

Also banned are misleading advertisements for the recruitment of host companies, such as those that say foreign trainees can be used to resolve a labor shortage.

The tougher regulations are aimed at preventing commerce and industry associations from becoming nominal organizations for accepting foreign trainees. This practice has seen brokering organizations exploit foreign trainees by introducing them to companies.

To prevent overseas dispatch organizations from exploiting foreign trainees, the new guidelines also include a measure that requires host companies to refuse to accept foreign trainees in the event a foreign dispatch organization is found to have asked them to pay a large deposit. The guidelines have been revised for the first time in eight years because companies that do not not qualify to take on foreign trainees have been taking a rapidly increasing number of such workers.
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ARTICLE ENDS

REFERENTIAL ARTICLES:
Japan scheme ‘abuses foreign workers’
By Chris Hogg BBC News, Tokyo, Wednesday, 3 October 2007
http://www.debito.org/?p=681

EXPLOITING VIETNAMESE Apocalypse now
Japan Times Sunday, April 29, 2007 By MARK SCHREIBER Shukan Kinyobi (April 20)
http://www.debito.org/?p=619

POINT OF VIEW/ Hiroshi Tanaka: Japan must open its arms to foreign workers
07/03/2007 THE ASAHI SHIMBUN
http://www.debito.org/?p=478

Nearly 10,000 foreigners disappear from job training sites in Japan 2002-2006
JAPAN TODAY.COM/KYODO NEWS Monday, July 2, 2007
http://www.debito.org/?p=475

Govt split over foreign trainee program
Yomiuri Shimbun May 19, 2007

http://www.debito.org/?p=435
For starters…
Arudou Debito in Sapporo
ENDS

読売:パスポート預かり禁止…外国人研修生の保護強化

mytest

パスポート預かり禁止…外国人研修生の保護強化
2007年12月18日 読売新聞
Courtesy of Tony Keyes and Mark Schreiber
http://job.yomiuri.co.jp/news/jo_ne_07121802.cfm

 外国人研修・技能実習制度が、安価な労働力として外国人を雇用する隠れみのとして使われていると指摘される問題で、法務省は17日、受け入れ企業などを対象とした同制度に関する新たな運用指針をまとめた。

 研修生の失踪(しっそう)防止のために外出を禁止したり、たとえ本人の同意があっても企業が旅券(パスポート)や外国人登録証を預かったりする行為を、違反すれば3年間、研修生の受け入れができなくなる「不正行為」にあたると明記するなど、研修生を保護するための規定を厳格化したのが特徴だ。同省は今週内にも新指針を公表し、商工会などの受け入れ機関に通知する。

 同制度は日本の技術・技能を海外に伝えることが目的で、海外から研修生を商工会や中小企業団体などが受け入れ、商工会などが紹介した企業で実務研修や技能実習を最長3年間行う。

 今回まとめられた「研修生及び技能実習生の入国・在留管理に関する指針」は1999年に策定された指針の改定版。企業などに対し、旅券を預かるなどの「不適正な方法による管理」を禁止したほか、商工会などに対する禁止事項として〈1〉正式な受け入れ機関以外が介在し、研修を行うこと〈2〉「労働力不足の解消」などの広告により実務研修を行う企業を募集すること――などを挙げた。商工会などが名目的に受け入れ機関となり、実際はブローカーが外国人研修生を企業に紹介し中間搾取することを防ぐ目的がある。

 一方、国内の受け入れ先だけでなく、海外の研修生派遣機関の不正行為を防ぐため「派遣機関が研修生から高額な保証金を徴収したことが判明した場合は、受け入れ機関は受け入れを取りやめる対応をとる」ことも盛り込んだ。

(2007年12月18日 読売新聞)
ENDS

Mainichi Poll: 63% of Japanese favor immigration of unskilled foreign laborers

mytest

Hi Blog. I had a column in the Japan Times today talking about the mysterious perception gap between friendly, welcoming Japanese people, and a government which is expressly xenophobic and increasingly antipathetic towards foreigners. As further fodder for that claim, look at this interesting poll, where the majority of people aren’t falling for the media- and GOJ-manufactured fear of the outside world or the alien within. Arudou Debito in Sapporo

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63% of Japanese favor allowing immigration of unskilled foreign laborers
(Mainichi Japan) December 17, 2007
http://mdn.mainichi.jp/national/archive/news/2007/12/17/20071217p2a00m0na038000c.html

More than 60 percent of people in Japan support accepting entry-level workers from overseas, in spite of the government’s policy of generally refusing such workers, a survey by the Mainichi has found.

In a nationwide telephone poll conducted by the Mainichi, 63 percent of respondents agreed with accepting foreign entry-level workers. Another 31 percent were against the idea, citing reasons such as that it would have a negative effect on Japanese employment or public peace.

A special employment plan approved by the Cabinet in June 1988 agreed to actively accept specialist and skilled foreign workers, but to take a “cautious” approach with regard to entry-level workers, and as a result, foreign unskilled laborers are generally refused entry to Japan.

When questioned about the government’s policy, 58 percent of respondents in the survey agreed with accepting unskilled foreign workers in fields where there was a lack of workers. Five percent said entry-level foreign workers should be accepted unconditionally.

When the 31 percent of respondents who said that such workers should not be accepted were asked to give a reason for their stance, 51 percent replied that it would have a negative effect on the employment and working environments of Japanese nationals. Another 35 percent said that public security would worsen, while 10 percent said trouble would occur as a result of differences between customs. Three percent cited an increased burden in areas such as social security costs and education costs.

When asked who would cover social security and education costs, the answers “the businesses employing the workers” and “industries that need workers” each received 38 percent. The answers “foreign workers themselves,” and “the whole public” each marked only 11 percent.

Hidenori Sakanaka, head of the Japan Immigration Policy Institute, who formerly served as a director of the Tokyo Regional Immigration Bureau, said Japan’s entry into an age with a dwindling population was behind the rising acceptance of allowing entry-level workers into Japan.

“Another reason is probably that the relationship with foreigners in Japan has taken a turn for the better,” he said. Sakanaka added that the work done by entry-level workers, such as nursing and work in the agriculture, forestry and fisheries industry, required specialist knowledge and skills, as well as the ability to adapt to Japanese society, and was certainly not simple. He added that a system to accept foreigners under a policy of cultivating human resources was urgently needed.
(Mainichi Japan) December 17, 2007
ENDS

毎日新聞世論調査:外国人労働者容認63% 雇用悪化に懸念も

mytest

毎日世論調査:外国人労働者容認63% 雇用悪化に懸念も
毎日新聞 2007年12月16日 19時16分
Courtesy Mark Schreiber
http://mainichi.jp/select/wadai/news/20071217k0000m040033000c.html

 労働力不足の分野では、外国人の単純労働者を受け入れてもよいと考える人が63%いることが、毎日新聞の全国世論調査(電話)で明らかになった。政府は、単純労働者を認めない方針だが、労働力不足の分野で容認する人が半数を超えていた。しかし、日本人の雇用に悪影響があるなどの理由で、受け入れに反対する人も31%あり、方針の転換に慎重な人たちも少なくない。

 外国人労働者については、88年6月に閣議決定された「第6次雇用対策基本計画」で「専門的・技術的労働者は積極的に受け入れ、(単純作業の繰り返しである)単純労働者は慎重に対応する」とし、単純労働者は事実上受け入れない施策が続けられてきた。

 政府方針について聞いたところ、労働力不足の分野での受け入れ容認が58%あり、「条件を付けずに単純労働者を受け入れるべきだ」が5%だった。一方、「現行通り、受け入れるべきではない」は31%だった。

 「受け入れるべきでない」と回答した人に理由を聞くと、「日本人の雇用や労働環境に悪影響を与える」が51%と最も多く、次いで「治安が悪化する」35%、「風習の違いによるトラブルが起きる」10%、「社会保障費や教育費などの負担が増える」3%だった。

 社会保障や教育費の負担を主に誰が担うかは、「雇い入れる事業主」と「労働者が必要な産業界」がいずれも38%。「外国人労働者自身」「国民全体」は双方11%と低かった。

 ◇若者は容認傾向

 毎日新聞の世論調査では、約6割が外国人の単純労働者受け入れを「労働力不足の分野」という条件付きで容認したが、特に若者にその傾向が強かった。しかし、受け入れ拒否の理由に、労働環境悪化を挙げる人が多かったことは、労働力不足への懸念に加え、雇用不安が広がったことを示している。

 労働力不足の分野で容認した人を年代別でみると、70代以上は44%と半数以下だが、20代は73%に達していた。若者に抵抗感が薄まっているとみられる。

 04年5月の内閣府世論調査では、(1)「単純労働者は受け入れるべきでない」26%(2)「労働力が不足する分野では受け入れてもよい」39%(3)「条件を付けずに受け入れるべきだ」17%--だった。

 調査方法が違うため単純比較はできないが、今回調査では、(2)の条件付き受け入れが19ポイント増え、逆に(3)の条件なし受け入れが12ポイント減ったのが目立つ。

 また、受け入れ拒否の理由は、内閣府調査では、「治安が悪化する」が74%と突出し、「風習の違いによるトラブルが起きる」49%、「日本人の雇用や労働環境に悪影響を与える」41%だったが、今回は、治安悪化は少なく、雇用への懸念が半数あった。

 04年当時は不法滞在者が急増しており、内閣府調査では治安悪化への懸念が色濃く出た。今回は雇用不安が影響したとみられる。【外国人就労問題取材班】

毎日新聞 2007年12月16日 19時16分 (最終更新時間 12月16日 21時02分)

Mediocre Economist Survey on Japan Business Dec 1 2007

mytest

Hi Blog. December 1st 2007’s Economist (London) magazine had a 14-page survey on business in Japan.

As is true of almost all Economist articles (and much more so than the US-published glossies such as Time and Newsweek, which is why I have been a subscriber for nearly twenty years), there were plenty of useful statistics and some valuable insights.

But the author, Tom Standage, seems to be a neophyte to Japan, trying too hard to use his metaphor of a hybrid car as a grand allusion for Japan’s economy (contrasting it with “Anglo-Saxon capitalism”–cutely rendered as “JapAnglo-Saxon capitalism”, as if there is such a clear contrast or even such a concrete economic model). He winds up making what could have been an interesting survey into a graduate-school term paper. It even feels as if he swallowed the lines fed him by the GOJ Gaijin Handlers, that Japan’s economics and business practices are that transparent and quantifiable.

Also, I have the feeling Mr Standage might have been reading a bit of Debito.org. I complained on the blog about how an Economist article last July talked about Japan’s demographics and labor market, without even one word considering foreign labor. One sentence, “if only to dismiss immigration as a possibility”, is what I said I wanted.
http://www.debito.org/?p=522

Well, I got that one sentence in this Economist Survey, and here it is:

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Large-scale immigration, the solution favoured in other rich countries, is not culturally acceptable in Japan. So it will have to put more women and old people to work in order to maintain its workforce.
===========================
http://economist.com/specialreports/displaystory.cfm?story_id=10169940

Oh, it’s culture. The end. “Culture” is a category people throw information into when it’s too taxing to understand. It’s the analytical category for lazy people. Especially when most things that are “cultural” are actually perfectly rational–you just have to understand the rationale behind people’s behavior. And that takes acculturalization, which I feel the author lacks a bit of.

If Mr Standage thinks Japan’s antipathy towards foreigners and immigration is merely a cultural issue, I would ask him to read and consider my upcoming Japan Times column (#42) coming out Tuesday, December 18, 2007, where I try to demonstrate that Japan’s rising xenophobia is in fact by grand design. And how it is serving the country poorly. I even use some statistics from his survey, thanks.

Here are links to the Economist Survey articles. Here’s hoping the magazine finally gets on the ball regarding Japan. Arudou Debito in Sapporo

==========================

SPECIAL REPORT: Business in Japan (Nov 29th 2007)
Going hybrid
After 15 years of gloom, Japan’s companies have emerged with a new, hybrid model a bit closer to America’s, says Tom Standage
http://economist.com/specialreports/displaystory.cfm?story_id=10169956

==========================

Message in a bottle of sauce
Japan’s corporate governance is changing, but it’s risky to rush things
http://economist.com/specialreports/displaystory.cfm?story_id=10169948

==========================

Still work to be done
Japan’s labour market is becoming more flexible, but also more unequal
http://economist.com/specialreports/displaystory.cfm?story_id=10169940

==========================

Not invented here
Entrepreneurs have had a hard time, but things are slowly improving
http://economist.com/specialreports/displaystory.cfm?story_id=10169932

==========================

No country is an island
Japan is reluctantly embracing globalisation
http://economist.com/specialreports/displaystory.cfm?story_id=10169924

==========================

JapAnglo-Saxon capitalism
Have Japanese business practices changed enough?
http://economist.com/specialreports/displaystory.cfm?story_id=10169916
==========================
ENDS

Fun Facts #9: Divorce, Population decrease, Japan’s minus GDP growth, and inherited Nat’l Diet member seats

mytest

Hi Blog. Here are another series of “Fun Facts”–innocuous-looking statistics which open portals into grander trends at work:

Fact one: Divorce rate rocketing, as predicted by Debito.org.

//////////////////////////////////////////////////
-> National Chauvinistic Husbands Association
Courtesy Terrie’s Take #442, December 2, 2007

The advent of a new law back in April this year which allows women to seek half of their husband’s pension has spawned both a boom in divorces (up 6.1% in April alone) as well as a reactionary protest group called the National Chauvinistic Husbands Association (NCHA). The group says that the “chauvinistic” part of their moniker, “kanpaku” in Japanese, refers more accurately to the top assistant to the emperor in days gone by, rather than the current negative meaning that it has today. Regardless, the association faces an uphill battle. Apparently 70% of Japanese women are staying single until 29 or later, versus 75% of them being married at that age twenty years ago, and 95% of all divorce applications come from women. (Source: TT commentary from kansascity.com, Nov 29, 2007)

http://www.kansascity.com/238/story/382085.html
//////////////////////////////////////////////////

COMMENT: Surprised by both the jump and the fact that almost all people asking for divorce are women. I was in the tiny minority. More on the issue of divorce in Japan at http://www.debito.org/thedivorce.html

On to Fact 2: Japan’s imminent depopulation:

//////////////////////////////////////////////////
-> Workers to fall 10.7m in 22 years
Courtesy Terrie’s Take #441, November 25, 2007

The Labor Ministry has said that Japan’s working population will drop by around 17%, or 10.7m people, by 2030. This will cause the current labor force of 66.57m to fall to 55.84m. The Ministry says that the fall could be held to less than half this amount if more women and elderly joined the workforce. ***Ed: And tell us again why the Japanese government has turned xenophobic about foreigners living in Japan? It’s only a matter of time before the realities of the market force a mind shift in the politicians and bureaucrats who today are so busy trying to keep foreigners and their child-breeding ways out of Japan.** (Source: TT commentary from nikkei.co.jp, Nov 23, 2007)

http://www.nni.nikkei.co.jp/AC/TNKS/Nni20071122D22JFA10.htm
//////////////////////////////////////////////////

COMMENT: I will point out the irony behind the wan hope that forcing more women to work is actually going to help women want to have babies? And that the oft-touted development of robots (including this silly article from The Economist Dec 20th 2005 “Japan’s humanoid robots–Better than people: Why the Japanese want their robots to act more like humans”) is no elixir.

This leads us to Fact Three: Japan’s decreasing GDP Growth (in start contrast to the rest of the developed world. Courtesy of Niall Murtagh of The Community:

//////////////////////////////////////////////////
Debito — Interesting statistic on WBS news (World Biz Satellite) last night, December 2: can’t remember the figures exactly but in the 10 years from 1996 to 2006, GNP grew by over 50% in UK, Canada, Australia, 45%+ in France, Italy, and by about 2% in Japan.

In other words while Japan is not getting poorer, it is being left behind by nearly all other major (and minor) countries, as regards growth.

Immigration does seem to go in tandem with economic growth (from 1995-2005, non-nationals in Ireland went from almost none to 10% of population, while GNP increased by about 140%). It won’t happen here. Did a bit of quick googling and found figs that make the TV stats seem about right.

(Web site only gives figs in national currencies, so I calculated the % change).
It sure hasn’t been a great decade for Japan, even if statistics are only statistics!

——————————
GDP per capita, current prices
IMF World Economic Outlook and EconStats
http://www.econstats.com/weo/V016.htm
——————————
1996 – 2006 % change
——————————
Japan: -1.47
Italy 47.14
France 38.60
UK 61.29
Germany 22.94
Netherlands 47.79
Spain 84.45
Finland 59.11
Greece 103.54
Portugal 66.93
Switzerland 22.08
Ireland 153.17
Australia 59.33
NewZealand 43.33
Canada 54.76
Korea 87.64
China 131.90
US 51.34
——————————
//////////////////////////////////////////////////

COMMENT: Do people really think they’re being served by the powers that be that run this country? Although I’m well aware the true policymakers in this society are the faceless bureaucrats, the actual policymaking part of Japan that is not faceless–the Diet–is actually a peerage masquerading as an elected legislature.

//////////////////////////////////////////////////
“When you look at the figures, what can only be called a political class becomes clear. After the last election, for example, 185 of 480 Diet members (39%) are second- or third- (or more) generation politicians (seshuu seijika). Of 244 members of the LDP (the ruling party for practically all the postwar period), 126 (52%) are inherited. Eight of the last ten Prime Ministers were from inherited seats, as are around half of the Abe and Fukuda Cabinets. When you have an average turnover of only about 3% per election, the cream floats to the top, and debates become very closed-circuit…”
//////////////////////////////////////////////////

Courtesy the author. Excerpted from my upcoming Japan Times Zeit Gist column out December 20, 2007, Draft Six. Otanoshimi ni…

Arudou Debito in Sapporo
ENDS

BBC: Japan visa regime “abuses foreign workers” with “forced labour”

mytest

Hi Blog. When things get busy (as they are right now, writing this from on-site at JALT), I’ll put up some backlogged articles that are still germane to Debito.org. Arudou Debito in Tokyo

================================
Japan scheme ‘abuses foreign workers’
By Chris Hogg
BBC News, Tokyo, Wednesday, 3 October 2007, 11:24 GMT 12:24 UK

http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/7014960.stm

Over the past 17 years, thousands of foreign workers have travelled to Japan, taking part in an official scheme to learn skills they cannot pick up in their own countries.

But this year the Japanese government’s own experts have admitted that in many cases trainees are used as cheap labour.

The US state department has gone further. In its annual report on human trafficking, it said that “some migrant workers are reportedly subjected to conditions of forced labour through [its] foreign trainee programme”.

Wang Jun came to Japan on the trainee scheme “because Japan is the most advanced country in Asia, and so that I can learn skills here then go back to my own country and get a good job”.

Mr Wang works at a small factory in a suburb of Tokyo. He is one of four trainees in the workshop, toiling alongside 11 Japanese workers.

He sounds like he is getting the kind of experience he is supposed to on this scheme. It was set up in 1990, in order, the Japanese government says, to help poorer countries learn from Japan’s mastery of the manufacturing process.

Toshikazu Funakubo, the factory owner’s son, said it could be difficult to communicate with the Chinese workers. “But they are learning the Japanese culture and language. It’s a very good thing for all of us.”

The owner of the business, Toshiaki Funakubo, said he employed the Chinese workers because he wanted to help China. But he admitted that labour shortages in Japan were another important consideration.

“To tell the truth I want Japanese people to join my company, but at the moment we have no choice but to depend on good workers from abroad.”

Cultural ‘integrity’

The problem is that widespread public aversion in Japan to the idea of immigration has contributed to a shortage of labour.

In the United States, foreign workers make up 15% of the workforce. In Japan the figure is little more than 1%.

The job description, the working hours are the same. But the salary and treatment are so different. I cannot understand this
Chinese trainee
A recent government report into its own foreign workers scheme found that, in reality, trainees are used as cheap labour and their working conditions are not properly monitored.

“The Japanese government and the ministries do not want Japan to become an immigration country,” said Martin Schulz, a research fellow at the Fujitsu Research Institute in Tokyo.

“They do not want to change the cultural and social integrity of Japan, so they have a rather hands-off approach.”

That hands-off approach can lead to abuses. When the government made unannounced inspections to firms employing foreign trainees last year it found that 80% of them were breaking the laws on pay and conditions.

Some of those who are treated badly on the scheme find their way to the offices of the Zentoitsu (All United) Workers Union, in the Akiharbara district of Tokyo.

‘Sexual harassment’

One Chinese trainee said he discovered a disparity between his pay and that of other workers, but when he complained he was told that if he did not like it he could go back to China.

He did not want to give his name as he is afraid of reprisals.

“Chinese workers here do the same work as Japanese workers,” he said. “The job description, the working hours are the same. But the salary and treatment are so different. I cannot understand this.”

Hiroshi Nakajima, the union official helping him with his case, said a foreign worker came to ask for help almost every week.

“Basically they have many complaints about their labour conditions. For example, non-payment and sometimes threat of dismissal, and not only these things but sometimes sexual harassment and sometimes the company keeps their passport or alien card and insurance card too,” he said.

Japan International Training Co-operation Organisation (Jitco), which runs the scheme for the government, said it was aware of media reports about trainees’ troubles.

But said its own research showed foreign workers were satisfied with the way they were treated.

In a statement, Jitco told the BBC that individual cases should not be used to generalise about the whole scheme.

And yet the Japanese government’s own panel of experts has decided there is a need for stiffer penalties for companies that mistreat workers.

These will not be introduced for at least two years, though. It is an acknowledgement that the system is not working, but it seems there is no rush to fix it.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/7014960.stm

Published: 2007/10/03 11:24:33 GMT

© BBC MMVII

France 24 TV & Trans Pacific Radio on Fingerprinting: “Japan’s 1984”

mytest

Hi Blog. TV Network France 24 has a good report on the FP policy, with an interview with a national bureaucrat, Teranaka Makoto of Amnesty International, and yours truly.

////////////////////////////////////////////
English:
Tuesday, November 20, 2007
Japan’s 1984: Japanese authorities have introduced American-style immigration law. Foreigners will have to be fingerprinted and photographed evey time they enter the country – a law that some regard as Orwellian. (Report: N. Tourret)

http://www.france24.com/france24Public/en/reportages/20071120-japan-society-immigration-law-fingerprint.html

Francais:
mardi 20 novembre 2007
Le Japon durcit les conditions de circulation: Le Japon a durcit sa législation vis-à-vis des voyageurs étrangers. Désormais, photographies et empreintes digitales seront imposés dans les aéroports. Le sujet suscite un large débat. (Reportage : N. Tourret)
http://www.france24.com/france24Public/fr/reportages/20071120-japon-loi-immigration-empreinte-digitale-photographie.html
////////////////////////////////////////////

While I’m at it, here is a link to my latest podcast, up on Trans Pacific Radio. Yes, it has information on fingerprinting, of course…

http://www.transpacificradio.com/2007/11/22/debitoorg-newsletter-for-november-19-2007/

Also, to people who have written me emails recently–they’re piling up in my in-tray at the moment, sorry. I will get to them when I have some time (and also translate a couple of favorable articles on the FP issue from the Hokkaido Shinbun), but I’ve got two speeches I’ve gotta work on coming up this weekend at JALT Tokyo, regarding job searches for their Job Information Center:

==========================
Getting a job in Japanese academia: Avoiding pitfalls
Arudou Debito

* Saturday, 4:10 pm – 5:10 pm, Room 102
* Sunday, 9:50 am – 10:50 am, Room 102

Japanese academia is in crisis. Although demand for language education is not in jeopardy, the number of secure jobs for both Japanese and non-Japanese is shrinking, as contracted work replaces tenure. The times require job searches with eyes wide open. This workshop will give some advice on how to avoid the potentially lousy jobs, some job-condition benchmarks, and some things to ask your potential employer before taking a job that could have no secure future.
==========================
http://conferences.jalt.org/2007/pd-workshops

Perhaps see you there. Jumping on a plane to Tokyo in a few hours, Arudou Debito in Sapporo

“NO BORDER” Nov 18 Meeting: Kokusaika & Keidanren laid bare

mytest

GROUP “NO BORDER” SECOND FORUM 2007 REPORT
HOSEI DAIGAKU, ICHIGAYA, TOKYO NOV 18, 2007

I spoke at the above gathering (http://www.zainichi.net) for about 40 minutes today. This is a little note to tell you what transpired:

1) HEARING FROM THE NEW GENERATION OF “NON JAPANESE”

This is essentially a misnomer, as these kids (college age already) are fluent in Japanese with some background in the native tongue of their immigrant parents. I met youth from China, Brazil, Peru, and most famously a young lady from Iran who came here at age seven, overstayed with her parents for a decade, and was granted a visa after much misgivings from the GOJ. Same with a young Chinese lady whose family had to go through the courts (lower court denied, high court granted) for a stay of deportation and one-year visas. Although all of these kids were just about perfectly culturally fluent in Japan (having grown up here as a product of the new visa regime, which started from 1990), they had a variety of faces and backgrounds that showed a lovely blend–a very hopeful one for Japan’s future. They made the best argument possible for visa amnesties for NJ with families–an extended life here that they have not only adapted to, but even thrived under.

The problem was they were grappling with things they really shouldn’t have to to this degree–identity. Being pulled one way by family ties overseas, and then another by the acculturation of being in a society they like but doesn’t necessarily know what to do with them. And refuses to let them be of both societies, either way their phenotypes swing. I suggested they escape this conundrum of wasted energy by ignoring the “identity police” (people who for reasons unknown either take it upon themselves to tell people they are not one of them, or who find the very existence of Japanized non-Japanese somehow threatening their own identity). They should decide for themselves who they are. After all, the only person you have to live with 24 hours a day is yourself (and believe me it’s tough)–so you had better do what you have to do to be happy. That means deciding for yourself who you are and who you want to be without regard for the wishes (or random desires) of millions of people who can’t appreciate who you are by any means considered a consensus. Trying to second-guess yourself into the impossibly satisfied expectations of others is a recipe for mental illness.

2) SPEAKING ON WHAT’S NECESSARY FOR JAPAN’S FUTURE

Rather than telling you what I said, download my Powerpoint presentation here (Japanese):
http://www.debito.org/noborder111807.ppt

3) HEARING FROM A POWER THAT BEES–KEIDANREN

Coming late to the second talk sessions was a representative of Keidanren (Japan’s most powerful business lobby), Inoue Hiroshi, who was actually in charge of the federation’s policy towards business and immigration. He gave us a sheet describing future policy initiatives they would undertake, focusing optimistically on creating synergy between the varied backgrounds and energies of NJ and the diligence of Japanese companies.
http://www.keidanren.or.jp/english/policy/2007/017.html
Yet still trying to create an ultracentrifuge of “quality imported foreigners” over quantity (or heavens forbid–an open-door policy!). Orderly systematic entry with proper control, was the theme. And Taiwan’s system (for what it was worth, unclear) was cited.

When question time came up, I asked him whether Keidanren had learned anything from the visa regime they helped create (something he acknowledged) in 1990. All this talk of orderly imports of labor and synergy are all very well, but business’s blind spot is the overwhelming concern with the bottom line: People are imported and treated like work units, without adequate concern for their well-being or welfare after they get here. After all, if their standard of living was ever a concern, then why were the hundreds of thousands of people brought in under Researcher, Intern, and Trainee Visas made exempt from Japan’s labor laws–where they have no safeguards whatsoever (including health insurance, minimum wage, unemployment insurance, education–or anything save the privilege of living here with the dubious honor of paying taxes into the system anyway). Did they expect to create a system where there are no legal sanctions for abuse, and not expect employers to abuse it?

The Keidanren rep’s answer was enlightening. He said, in essence:

1) Japan’s labor laws are sloppy anyway, and don’t protect people adequately enough as they are (so that justifies exempting people from them completely?).

2) Japanese society is not wired for immigration (so why bring in so many foreigners then? the expectation was that they would not stay–meaning the system was only designed to exploit?)

3) There are plenty of elements of civil society out there filling the gaps (so you’re trying to take credit for those who try to clean up your messes?)

To me, quite clear evidence that they powers that be just don’t care. And it’s very clear it’s not clear that they’ve learned anything from the 1990s and the emerging NJ underclass.

The meeting closed with a really fine performance from a Nikkei Brazilian rapper who sang in Portuguese, English, and Japanese (I think–I find rapping indecipherable in any language). Now that’s synergy.

Arudou Debito
November 18, 2007

—————————-
PS: And on a personal note, I might add that one of last year’s name “sponsors”, “Darling Foreigner” Manga star Tony Laszlo, of non-existent group Issho Kikaku (whose site, http://www.issho.org will celebrate in a couple of weeks its second anniversary of being under “site renewal”, with a decade’s work of hundreds of budding activists in Japan utterly lost), was not invited this year to the NO BORDERS gathering. In fact, his name has been completely deleted from the records of last year’s proceedings. Karma.

ENDS

NUGW’s Louis Carlet: “NOVA collapse a turning point in language industry”, Lesson For Food

mytest

From: carlet@jca.apc.org (Louis Carlet, NUGW Nambu Union)
Subject: [Nambu FWC] Nova Union Meeting and other upcoming events
Date: November 15, 2007 3:15:30 PM JST

Sisters and Brothers, (Nova Union General Meeting Sunday 7pm!)

The Nova collapse represents a turning point in the language industry. We have a chance to push through crucial reforms for the industry as a whole, including permanent job status and health care options for all teachers.

Our efforts over the past few years and through the media over the past few months have succeeded in raising awareness among the public of the precarious situation of language teachers and the abuse they undergo on a daily basis. This public awareness included the current Nova trustees, which is why they are pressuring G Education (the so-called “sponsor” selected to take over Nova’s operations) to comply with all labor laws and treat teachers, staff and customers as human beings.

We should congratulate ourselves for this crucial victory while quickly taking the next step. Let’s demand collective bargaining from G Education as soon as we have members employed and let’s ask for everything early on — since this is a once-in-a-lifetime chance to chance the industry. Last Saturday, we passed out 500 flyers at the information session in Tokyo to potential G employees, asking them to join GUTS — G Union of Teachers and Staff.

Schedule

Saturday, Nov.17 2pm Lesson For Food

We will meet at 2pm at Shinkoiwa Station (Sobu Line) and move to the Shinkoiwa Park for the first official Lesson for Food. If you want to watch this, please come at this time. Although, the Lesson for Food program was voted by the Nova Union members, it has drawn criticism from around the country. If you object to this program, please attend the Nova Union meeting on Sunday at 7pm at the union office and voice your concerns.

Sunday, Nov. 18, 7pm Nova Union General Meeting

We will hold a Nova Union general meeting from 7pm Sunday at the union office (Minato-ku, Shimbashi 5-17-7 Kobayashi Bldg. 2F, 03-3434-0669).

See map at bottom of the following web page: http://nambufwc.org/about/contact/

During the meeting we will decide policy, explain details of current situation, advice on resignation versus dismissal, explain government subsidy and unemployment insurance systems and answer questions. We will also hold elections for all executive posts, including president, general secretary, treasurer and Nova Relief Fund administrator. If you are interested in any of these posts, please let us know (nambu.carlet@ezweb.ne.jp) in advance of the meeting or at the start of the meeting. Also, please attend even if, or especially if you are now employed by G Education since we would like to begin setting up GUTS as a local of Nambu as soon as possible.

Thursday, Nov. 22 through Sunday, Nov. 25

JALT’s 33rd International Conference

Japan Association of Language Teachers will hold its 33rd annual international conference from Thursday through Sunday, this year in Tokyo at the National Olympics Memorial Youth Center near Sangubashi Station, one stop from Shinjuku Station on the Odakyu Line. On Friday, Nov. 23, beginning 2:30pm the labor caucus of JALT — PALE* — will hold its annual series of meetings, with guest lecturers including yours truly. We will discuss teaching from a working conditions and labor perspective including prospects for improvement in the wake of the Nova collapse.

*PROFESSIONALISM, ADMINISTRATION AND LEADERSHIP IN EDUCATION (PALE) promotes the status of language teaching as a profession both within the Japanese educational system and in relation to the wider national and international context.

http://jalt.org/calendar/index.php?page=group&id=43&year=2007#3272

— NUGW Tokyo Nambu – Nambu FWC —
Lessons For Food Campaign: http://nambufwc.org/lessons-for-food
ENDS

Nova Union on former NOVA employees exodus to G Education

mytest

Blog: News on the NOVA aftermath from the employee union’s point of view; watch Fuji TV tonight (Sunday Nov 11) for coverage of their Osaka negotiations. Arudou Debito

================================

From: carlet@jca.apc.org
Subject: [Nambu FWC] Nova and G
Date: November 11, 2007 10:16:04 AM JST
To: action@nambufwc.org

Members,
Much happened yesterday regarding the Nova case.

At 10am and 2pm at locations throughout the country, Nova’s trustee held information sessions explaining various aspects of the coming Nova bankruptcy and explaining G Education’s offer to hire all Nova teachers who want to be hired at the same working conditions they had before.

We leafletted the meeting in Tokyo, calling on teachers to join GUTS (G Union of Teachers and Staff, which doesn’t yet exist). Tony D. reports that 500 leaflets were passed out quickly with no problems.

We also last night joined forces with General Union to tell the trustee, Noriaki Takahashi, that former conditions are not enough. Both unions (Nambu and G.U.) submitted to him several demands, including full enrollment of all teachers in shakai hoken and open-ended employment. Other demands included a fund to protect student tuition advances. The trustee said he agreed with all the demands.

He explained that of all the 12 corporate “sponsors,” G had the best offer in terms of protecting staff and teachers — hire them all initially at same conditions — and in terms of offering something to students — can use remaining points by paying 25% of their cost on top of what they already paid to Nova. He said he agreed with the shakai hoken and open-ended employment demands and called on the unions to fight hard, to make his job easier.

Other details will be explained at our next Nova meeting — Nov. 18 at 7pm at the Nambu union office. Some details are very important concerning resignation versus dismissal. In short, if you want to work for G you must resign from Nova the day before you are hired by G. If you don’t resign from Nova, the trustee will fire you with a month’s notice. This will meet that your unpaid wages will continue to accrue even a month after you are fired. If you work for G, even if your school is not open and you are told to stand by at home, you will be paid full wages.

More to come later… Watch the Fuji TV news at 10pm tonight, which covers the Nova Union’s trip to Osaka to meet with the trustee.

In Solidarity,

Louis Carlet
NUGW Tokyo Nambu
http://www.nugw.org

IHT/Asahi and Metropolis: Two good articles on NOVA bankruptcy aftermath

mytest

Okay, yet another post under the wire…

Two good articles on the aftermath of the NOVA bankruptcy. One from the IHT/Asahi, the other from Metropolis Magazine by Ken Worsley of Trans Pacific Radio., including links to where people can get help. Arudou Debito in Sapporo

======================================
Asahi Weekly
Cover Story: Nova fallout
IHT/Asahi: November 8, 2007
BY HIROSHI MATSUBARA, STAFF WRITER

http://www.asahi.com/english/Herald-asahi/TKY200711080113.html
Courtesy of Thom Simmons

With 4,000 Nova Corp. teachers out of work, now is probably the worst possible time to be seeking a job as an English instructor in Japan.

Picture Caption: A Nova Corp. teacher, left, who lost his job when the Osaka-based chain of English-language schools collapsed seeks job advice from a counselor at the Shinjuku Employment Assistance and Instruction Center for Foreigners in Tokyo last week.

The collapse of the Osaka-based chain of language schools means that hundreds of teachers now apply for every job opening, according to GaijinPot, a popular online job-site for foreign nationals in Japan.

Longtime Nova employees accuse the company of operating under a system that made quitting the company an unpalatable option.

They said Nova specialized in recruiting young, inexperienced university graduates with little or no practical Japanese-speaking ability.

That left many of them ill-prepared to find new jobs outside of, and to an extent, within the teaching industry–hence the current fierce competition for teaching positions.

Nova insiders say the company churned out teachers in much the same way that a fast-food chain produces hamburgers.

English Spot, a school in Higashinari Ward, Osaka, said 400 people applied in October for a single job opening that eventually went to a 26-year-old French national who gained her teaching credentials in Britain and had been working for Nova.

It noted that the vast number of applicants for the job the woman landed were former Nova teachers like her.

The woman said, “I am happy that the school chose me because I know that a lot of people at Nova are in trouble right now.”

Her application for the new job stood out because of her track record as a language teacher in Britain, where she taught French and Spanish at a secondary school, said Matt Kelley, owner and director of English Spot.

On Oct. 26, the day she started working at the school, Nova filed for financial reconstruction under court supervision.

G.communication group, a consulting firm based in Nagoya, will reopen at least 30 Nova schools and says it hopes to rehire the Nova staff.

As for Nova’s former president, Nozomu Sahashi, he looks set to face criminal charges shortly for failing to pay billions of yen in wages to his employees, sources said.

Some former Nova teachers are in such dire financial straits they are having to rely on their former students to feed them.

Since mid-September when Nova’s arrears of payment problems came under the light, the number of job-seekers who posted their resumes at the GaijinPot Web site has increased five-fold, often reaching more than 1,100 new applicants a day.

“As former Nova teachers jump into the ring for fewer English teaching jobs, some employers might develop an attitude that potential employees must be the cream of the crop, with very little enthusiasm in even spending time on interviewing less qualified candidates,” said Percy Humphrey, GaijinPot’s general manager.

At least 9,000 former and current employees of Nova have registered with the Web site, which offers only around 200 openings.

Since Nova applied for court protection last month, 330 former Nova teachers have visited a specially created counseling corner set up by the Tokyo metropolitan government-run Shinjuku Employment Assistance and Instruction Center for Foreigners.

Their concerns rarely differ: They want advice on unpaid wages, unemployment insurance and new job opportunities. In addition, 500 former Nova teachers have contacted the counselors by phone.

Naoto Moriizumi, a senior official of the Tokyo Labor Bureau in charge of the counseling corner, said the teachers usually arrived in Japan with a visa in “humanities and international services,” which allows them to work at jobs requiring fluency in foreign languages.

“Aside from teaching English, there aren’t many kinds of jobs to which they can apply without a certain fluency in Japanese,” he said. “Even other language schools now want candidates to have conversation-level Japanese, but unfortunately most Nova teachers have not obtained it.”

This description certainly fits Schevon Salmon, a 24-year-old American, who was recruited by Nova on the campus of a Florida college two years ago.

Last week, the resident of Tokyo’s Taito Ward visited the Shinjuku employment center only to discover he is not eligible for a dozen English-teaching jobs due to his limited proficiency in Japanese.

“It’s twice as hard to find jobs in other areas, because you do not have experience or enough familiarity with the language,” he said.

Referring to Tuesday’s moves to take over some Nova outlets, Salmon said: “That’s great news … but it does little to console the mass of teachers out there who need work.

“Isn’t this Japan where your company is like your family and you take care of your company because you know your company will take care of you?”

He said Nova owes him 250,000 yen in unpaid wages.

The bureau estimates that former Nova employees are still owed at least 1.5 billion yen.

Operators of small-sized schools, meantime, expect Nova’s collapse will prove to be a windfall in terms of getting new students.

“There’s no doubt the Nova debacle must have hurt the image of English schools in Japan as well as Japan’s image as a job market outside of Japan,” said Kelley of English Spot in Osaka.

“But Japanese people’s enthusiasm to learn English remains unchanged and now students are becoming more discerning in choosing schools,” he said.

“English schools have to get back to fundamentals that we are here to educate, not just to make profit,” he said. (IHT/Asahi: November 8, 2007)

/////////////////////////////////////////////////////

Bulletin
By Ken Worsley

The Decline and Fall of Nova
Japan’s largest employer of foreigners comes to an ignominious end
Metropolis Magazine November 9, 2007, Issue #711
http://metropolis.co.jp/tokyo/recent/bulletin.asp

“Any company that loses sight of the future and begins to think only of maintaining the status quo… well, that company is as good as finished.”—from Nova’s website

On Friday, October 26—while struggling to survive under a mountain of unpaid student refunds, strict government penalties, zero cashflow and an angry workforce—English language school operator Nova closed its doors and filed for bankruptcy protection after President Nozomu Sahashi was ousted in an emergency late-night board meeting.

The question on the minds of thousands of teachers, staff and students is whether those doors will ever open again. The answer may depend on whether or not the court-appointed bankruptcy lawyers are savvy enough to separate Nova from the man who ran it.

After the announcement that Nova was filing for protection, the court acted quickly, and by Friday afternoon had appointed two lawyers to act as trustees. Their task was to find a “sponsor” who would be willing to take over Nova’s operations and rehabilitate the firm. Hours later, four firms were named at a press conference: Department store operator Marui, retail giant Aeon, internet retailer Rakuten and Yahoo Japan.

Within a few days, however, Marui, Aeon and Rakuten stated they were not interested in the deal. Rakuten President Hiroshi Mikitani told reporters, “It’s honestly surprising that our name came up. I think it would be difficult for us to consider supporting Nova.” That left Yahoo Japan, which has yet to issue a public statement on the matter.

A few days later, the reasons why Marui was so turned off became clearer. The media reported that in May, Nova’s management was negotiating a deal in which Marui would provide Nova with ¥6.6 billion in cash in exchange for exclusive rights to collect on all loans taken out by Nova’s students. At the last minute, Sahashi walked out on the deal, saying he needed more time to think about it. He subsequently disappeared for a few days. Marui was not impressed.

That was apparently not the only time Sahashi scuttled a business deal that could have potentially helped Nova. Upper-level managers seem to have realized this a few months ago, and according to the Yomiuri Shimbun, have made five requests that Sahashi resign since mid-August.

The available evidence, as well as the media’s treatment of the story, have led many to believe that Sahashi is the single largest cause of Nova’s problems. Bankruptcy trustees have continued in their attempts to separate the man from the firm, bringing along members of the Japanese media to view the former president’s Osaka office. Boasting a suite, sauna and tatami room, the office apparently cost the company ¥60-¥70 million.

Much more egregious seem to be Sahashi’s stock transactions and flouting of the Securities and Exchange Law. When the firm applied for bankruptcy protection, it was reported by Kyodo News that Sahashi held about 20 percent of Nova’s shares. This was surprising, since Sahashi and Nova Kikaku, a firm run by one of his relatives, were publicly listed as holding an ownership stake of over 70 percent. Of course, Sahashi’s power was derived from that massive equity stake, and without it in the way, the other members of the board were able to force Sahashi out of his position.

Where did those shares go? The Mainichi Shimbun told us that by September 30, Sahashi and Nova Kikaku’s stake in Nova had declined to 16.02 percent and 3.69 percent, respectively. Yet Financial Services Agency regulations state that sale or purchase of greater than 5 percent of shares in a listed company must be reported within five days.

To make matters worse (for himself), on October 31 it came to light that Sahashi had been skimming money from Nova by selling video conference hardware at marked-up prices from Ginganet (a company of which he was virtually the sole operator) to Nova. Legal action against Sahashi is apparently being considered.

Finally, on the very day Nova petitioned for bankruptcy protection, Sahashi sold all of his shares in Ginganet and NTB (a travel agency he also ran) to an IP phone company in Tokyo. Nova’s court-appointed lawyers have expressed anger over this move, saying it should not have happened while the firm was entering bankruptcy protection.

In a sense, Sahashi has been playing into the hands of bankruptcy administrators who seek to pin the blame for Nova’s woes on him alone. His selfishness, petulance, disdain for employees and customers, and lack of business acumen make him an exceedingly worthy scapegoat. As this article was going to print, Sahashi remained incommunicado, and the bankruptcy administrators seem to be hoping that the worse he looks, the more the firm will appear as an innocent victim of his tyranny.

Will the strategy of separating Sahashi from the firm he wrecked succeed? Nova’s bankruptcy administrators claim that they have found a few firms interested in taking over the company’s operations, but this time they’re not naming names. Nova supposedly has until the second week of November to find a “sponsor,” or else it will be forced to go into a bankruptcy liquidation process.

This observer fears it may be too late. To paraphrase the quote from Nova’s website, Sahashi was the status quo, and sold the firm’s future to secure his exit. Whatever happens, Sahashi himself is as bad as finished.

=============================

WHERE TO TURN
Questions regarding legal issues such as claiming unemployment insurance, getting back pay and how to deal with eviction are never pleasant. Mix that with being in a foreign land and sifting through the slew of information coming from all manners of sources, and things are bound to get downright confusing. Here are some resources that should be helpful in seeking answers to those questions. As always, try to verify information with a second source, and if something seems suspicious, that’s probably because it is.

Gaijin Pot (http://www.gaijinpot.com/nova.php) has put together a collection of resources divided into four categories: Jobs, Housing, Legal Issues and Flights. From there we learn that Sakura House (http://www.sakura-house.com/english/nova.php) is offering discounts to former Nova teachers and that Qantas Airlines (03-3593-7000) is offering discounted rates to Australia for former Nova teachers.

If you’re thinking about collecting unemployment insurance, or would like more information on finding a new job, Hello Work (the “Tokyo Employment Service Center for Foreigners”) is a good place to start. They have some resources available in English, and their website has a guide to offices with foreign language assistance. See http://www.tfemploy.go.jp/en/coun/cont_2.html.

A final source of information are the two websites of the General Union, which represents Nova workers. The main site (http://www.generalunion.org) has news, information and links to other resources. The Nambu Foreign Workers Caucus site (http://nambufwc.org/issues/shakai-hoken) has a bit more news on it, with information on upcoming meetings in the Tokyo area.

ENDS

Some quick links re NOVA Bankruptcy

mytest

Hi Blog. The bankruptcy of NOVA, Japan’s erstwhile biggest eikaiwa school, is big news, so Debito.org need not amplify it much more (I try to give cyberspace to issues less covered). But for the sake of completeness, here is something from Ken Worsley of Trans Pacific Radio, courtesy of Metropolis. Do a quick search of this blog for “NOVA” for a few links to other germane stories.

Arudou Debito in Kyoto

=================================

NOVA BULLETIN
By Ken Worsley (http://www.JapanEconomyNews.com)

On the morning of Friday, October 26, a story appeared in the Yomiuri Shimbun announcing that Nova President Nozomu Sahashi had been ousted from his position at an emergency board meeting the previous night. The remaining three board members announced that the firm would file for court protection from creditors under the Corporate Rehabilitation Law.

Amid speculation that Sahashi has gone into hiding, a former Nova manager told us, “Sahashi probably hasn’t done a runner; he just didn’t turn up to the meeting last night, and he was always bad at turning up to meetings… Sahashi sent out a fax yesterday telling all employees that he had finally arranged it so that everyone would be paid. Then last night there was an emergency meeting where he was sacked, so that was a pretty big shock.”

An article published by the Nihon Keizai Shimbun the same morning stated that Nova was holding an eye-popping ¥43.9 billion in liabilities.

JASDAQ has announced that Nova trading was suspended on October 26, the day of the announcement, and that the firm would likely be delisted from the stock exchange as of November 27.

At the time of this writing, Nova has closed its doors, though this has been announced as a temporary measure. Thousands of employees, both Japanese and foreign, are all missing at least one paycheck and have been left waiting for news on their employer’s future.

On October 10, Nova announced that it had sold 400 equity warrants to two investment funds located in the British Virgin Islands. If exercised, these warrants would have created 200 million new shares in the company, with the investment funds paying ¥35 per share. Such a deal could have injected up to ¥7 billion into the ailing English language school operator.

Although those warrants could have been exercised from October 24, Nova’s share price remained too low for the option to be taken.

With the legality of that transaction in question, the JASDAQ has said that it will spend the next year examining how to create rules on such examples of corporate fund procurement via third parties.

Our source at Nova said he had never had much faith in Nova’s business plan. “The business model for Nova never really worked. They took money from customers and then spent it. They need a constant influx of money and, since the METI ban in June, there has been no money coming in and no new customers so the business simply couldn’t survive.”

Sources:
http://osaka.yomiuri.co.jp/news/20071026p101.htm
http://www.yomiuri.co.jp/atmoney/news/20071026it02.htm
http://www.nikkei.co.jp/news/main/20071026AT5D2600926102007.html
http://www.jasdaq.co.jp/files/jasdaq/company_report/1193353021284.pdf
http://www.jasdaq.co.jp/files/jasdaq/market/1193352648560.pdf
http://www.nni.nikkei.co.jp/AC/TNKS/Search/Nni20071024D24HH714.htm
Interviews with sources wishing to remain anonymous.

Research provided by Japan Inc. Magazine (http://www.japaninc.com)

NOVA Union on NOVA’s impending bankruptcy, and strike/march Tues Oct 16

mytest

Hi Blog. Hot off the email press: Arudou Debito in Sapporo

/////////////////////////////////////////////////////
From: carlet@jca.apc.org
Subject: [Nambu FWC] Nova Action Day On Tuesday Not Monday
Date: October 14, 2007 7:09:24 PM JST

Dear Nova Members and Supporters,
Please read the following carefully:

1 Situation at Nova
2 Union’s plan of action
3 Schedule of Eventson Tuesday

==============================

1 Situation at Nova

As many of you know, Nova is on the verge of bankruptcy and is likely already insolvent, burdened with massive liabilities from terminated and ongoing student contracts, and little assets since most properties are rented. Administrative staff were not paid on their most recent payday of Sept. 27 and have yet to be paid. Management has already said that teachers’ salaries will not be paid on Oct. 15 (tomorrow) and may be paid by Friday, Oct. 19. The situation for thousands of foreign and Japanese employees around the country is serious. In addition to unpaid wages, some are being kicked out of their housing, others are having visa problems.

Meanwhile, President Nozomu Sahashi is nowhere to be found and refuses to file to the court for bankruptcy protection. Such a filing would aid all employees to retrieve 80% of their unpaid waves through government subsidies and to start to receive unemployment benefits (‘for those who have been employed long enough). The company is falling apart without Sahashi filing properly, the worst possible of situations, making it far more difficult and time-consuming to get our wages paid and onto the dole, etc.

2 Union’s Plan of Action

Only public pressure (or shame) will push Sahashi to do the right thing and file properly. We plan

1) to hold a massive strike ON TUESDAY of all members. (Initially we planned it for tomorrow but CHANGED TO TUESDAY to co-ordinate with General Union in Osaka)

2) to file a petition at the Shinjuku Labor Standards Office to prosecute Sahashi for criminal failure to pay wages as is stipulated in Labor Standards Law

3) to protest outside the LSO in front of the media to demand such a prosecution

4) to hold a press conference to explain the union’s position on the current situation

These actions are being coordinated with out sister union, General Union, in Osaka. It is crucial that all members go on strike on Tuesday and meet at the following times and places:

3 Schedule of Events

Monday Oct 15: We will fax document to Nova management notifying them that all members will strike for the entire day Tuesday.

Tuesday 11 am: Meet at South Exit of Okubo Station on the Sohbu Line

See map: http://maps.google.co.jp/maps?oe=UTF-8&hl=ja&tab=wl&q=

We will then walk to the Shinjuku LSO at 11:15pm

11:30pm We will say a few words to the press and then enter the LSO with our petition to prosecute Pres. Sahashi.

12:00pm-12:30pm We will demonstrate outside LSO in front of press

12:30-13:00pm We will hold a brief press conference

13:15pm to 14:00pm We will hold a union meeting back at the union office to decide our next collective move.

Again, remember all members must strike on Tuesday since we will be notifying management that way. Since we have many new members, we can decide tomorrow what future actions to take. But it is crucial that we act as a union tomorrow, particularly when there will be press attention.

If you have any questions, please call Louis at 09093636580.

If you talk to the press, tell them to be at the Shinjuku LSO (Shinjuku Rohdoh Kijun Kantoku-Sho at 11:15pm).

Please feel free to agree or refuse to personal interviews with the press. Friends and supporters of Nova Union, including all Nambu members are welcome to join us for the whole day of action.

In Solidarity, Louis Carlet Dep. Gen. Sec. NUGW Tokyo Nambu

Bob Tench Vice President Nova Union

— NUGW Tokyo Nambu – Nambu FWC — Vote today for your favourite Nova mascot!
http://nambufwc.org
ENDS
/////////////////////////////////////////////////////

REFERENTIAL ARTICLE:

IS IT ALL OVER FOR NOVA?
As ‘eikaiwa’ giant plans school closures amid credit crunch, some fear the worst
The Japan Times, Tuesday, Sept. 25, 2007
http://search.japantimes.co.jp/cgi-bin/fl20070925a1.html
http://www.debito.org/?p=593
ENDS

Kobe Shinbun on new GOJ requirements on employers to report NJ laborers

mytest

Hi Blog. Thanks to Colin for not only sending me the Japanese, but even saving me time by providing a translation! Gotta love the assumption below that unemployed NJ will turn to crime… Better keep tabs on them. Arudou Debito in Sapporo

//////////////////////////////////////////////

RE THE NEW REQUIREMENTS TO REPORT NJ WORKERS TO THE GOVT
KNOWLEDGE NOT MADE WIDESPREAD, AND DANGERS OF DISCRIMINATION
Kobe Shinbun Oct 1, 2007

Translated by Colin Parrott (thanks!!)
Japanese original in previous Debito.org Blog entry.

Beginning October 1st, according to new amendments in the Employment Promotion Law, all firms employing foreign workers will be obliged to report employment conditions to labour offices. The goal of the reforms are two fold – to provide foreigner workers with job support and to help curb illegal employment. As awareness about the amendments is still relatively low, officials at the Hyogo Labour Department are eager to distribute leaflets to business groups. However, some have pointed out the danger that such reforms might invite new kinds of prejudice toward foreigners.

Until now, once a year in June, firms employing foreign workers have reported such details as residency status, nationality and number of foreign workers to the public employment security office, Hello Work, at their own discretion. According to the Labour Department, some 5000 employees at 910 firms (with 30 employees or more) in the prefecture have been targeted.

Under the new amendments, all firms employing foreigner workers will be obligated to report the names, residency status/validity, address, date of birth and so on of foreign workers to Hello Work. Those with special permanent residency will be excluded. Even including international students with part-time jobs, companies that already employ foreign workers will have up to one year to submit these details. Business owners who neglect reporting such details or try to falsify information could be faced with a fine of up to 300,000 yen.

By better understanding the current status of foreign workers and by forcing business owners to check their residency status, not only is a crack down in the number of illegal employees expected but also work environment improvements and job-placement assistance programs are also expected to benefit.

Around 500 Vietnamese live in Kobe’s Nagata ward, where most of them work at a local chemical factory. When The Japan Chemical Shoes Industrial Association reported the revisions of the law to its member companies by newsletter they were met with criticism. “Without an investigation into how many people are working where, I really don’t see what difference it will make,” said a 42-year old chemical factory manager. “Sure it’s good for decreasing illegal employment, but if we don’t first acknowledge the fact that illegal unskilled foreign labourers exist, we’re going to be left with a labour shortage.”

The manager realizes illegal Vietnamese labourers in the area will be exposed but worries that, “foreigners who lose their jobs will unnecessarily turn to crime.”

Furthermore, data gathered by the Ministry of Health, Labour and Welfare Ministry plans to be shared with the Ministry of Justice. The Japan Federation of Bar Associations and others criticize this scheme because it, “violates foreigner’s rights to privacy.” They point out that, “there is a possibility that discriminatory treatment based on race, skin colour or ethnic origin might arise.”

The Employment Promotion Law was established with the goal of advancing blue-collar job stability and to increase the economic and social status in society of women, the elderly and the disabled. From October onwards, it will be prohibited to use age limit restrictions in the the recruitment and hiring process.

The exploitation of foreign labourers as “Cheap Manpower” has become a problem – now companies are obliged to report employment conditions.

神戸新聞:外国人労働者報告義務付け、周知進まず 差別の恐れも

mytest

ブログの皆様、こんばんは。用件のみ載せてすみませんが、以下で書いてある面白い大前提ですね:『「働けなくなった外国人が余計に犯罪に走るのではないか」と心配する。』どうですかね。有道 出人

////////////////////////

外国人労働者報告義務付け、周知進まず 差別の恐れも
2007/10/01 神戸新聞
http://www.kobe-np.co.jp/kobenews/sg/0000668949.shtml
Courtesy of Colin Parrott

外国人労働者の雇用状況の報告を事業所に義務付ける改正雇用対策法が10月1日から施行される。外国人の就労支援や不法就労の抑止が目的だが、事業所への周知は進んでいない。兵庫労働局はリーフレットを経済団体に配るなど周知に懸命だが、新たな外国人差別などを招く恐れも指摘されている。(高田康夫)

 これまで外国人を雇用する一定規模以上の事業所は毎年六月、在留資格や国籍、職種別の外国人数について、任意で職業安定所に報告してきた。同労働局によると、県内では従業員三十人規模以上の約九百十事業所で、約五千人が対象だった。

 改正で、特別永住など一部の在留資格をのぞいた外国人を雇用する全事業所が対象となり、氏名と在留資格・期限、住所、生年月日などを、職業安定所に届けることが義務化された。留学生のアルバイトも含め、すでに外国人を雇用している企業は一年以内に報告しなければならない。報告を怠ったり偽ったりした事業主には三十万円以下の罰金が科せられる。

 外国人の労働実態が把握でき、職場環境の改善や再就職支援に役立てられるほか、事業主に在留資格を確認させることで、不法就労の抑止が期待されるという。

 神戸市長田区では、約五百人のベトナム人が居住し、多くが地元のケミカル工場で働く。日本ケミカルシューズ工業組合は法律の改正を会報で会員企業に知らせたが、「どこで何人働いているか調査しておらず、影響も分からない」。ケミカル工場の経営者(42)は「不法就労をなくすのはいいが、その前に外国人の単純労働を認めてもらわないと、人手不足でやっていけない」。

 周辺では不法滞在のベトナム人が摘発されることもあるといい、「働けなくなった外国人が余計に犯罪に走るのではないか」と心配する。

 また、厚労省が取得した情報は法務省に提供する仕組みで、日本弁護士連合会などは「外国人のプライバシー権などを侵害する」と批判。「人種、皮膚の色、民族的・種族的出身を理由とした差別的取り扱いがもたらされる恐れがある」と指摘している。

雇用対策法 労働者の就労の安定と経済的、社会的地位の向上などを目的に、女性や高齢者、障害者などの施策の充実を定めた。10月から募集・採用時の年齢制限の原則禁止なども盛り込まれた。

 外国人労働者は、「安い労働力」として酷使されていることが問題になり、雇用状況の報告が義務付けられた。
ENDS

Shuukan Kinyobi/J Times: Vietnamese worker lawsuit against JITCO & Toyota-related company

mytest

Hi Blog. Another lawsuit against an employer for bad work practices. This time around, however, the plaintiffs are NJ. Let’s hope their efforts both make the labor laws more clearly enforceable, and highlight more of the problems created by treating NJ laborers as inferior. Thanks to Shuukan Kin’youbi and people at the Japan Times for bringing this to the fore. Arudou Debito in Sapporo

/////////////////////////////////////////////

EXPLOITING VIETNAMESE
Apocalypse now
Japan Times Sunday, April 29, 2007
By MARK SCHREIBER
Shukan Kinyobi (April 20)

http://search.japantimes.co.jp/cgi-bin/fd20070429t2.html
Courtesy of Steve Silver

For 22-year-old Thi Kim Lien, Japan was the shining city on the hill, glistening with the promise of a better life for her family of 10 in Ho Chi Minh City. Buoyed by such hopes, she arrived in Japan in 2004.

On March 27, Shukan Kinyobi reports, Lien and five of her Vietnamese compatriots filed charges in the Nagoya District Court against the Japan International Training Cooperation Organization (JITCO) and TMC, a Toyoda City-based, vehicle manufacturer that produced components on a subcontractor basis to Toyota Motor Corporation. The six demanded unpaid wages and financial compensation of some 70 million yen.

JITCO arranged to place the six as “trainees” (and later “interns”) at TMC. Their tasks involved stitching the covers onto armrests for use in vehicles produced by nearby Toyota Motor Corporation.

After having their personal seals, bank deposit books and passports taken away for “safekeeping,” the trainees were put to work at a monthly salary of 58,000 yen. They received a paltry 100 yen per hour for additional overtime work.

The six plaintiffs allege that their “training” frequently involved verbal harassment by supervisory staff. Any complaints were met with the threat of deportation, and mistakes on the job brought curses like, “You people aren’t humans, you’re animals.”

The greatest indignity, though, was that the employer posted a table outlining how many times and for how long its workers were permitted to utilize the toilets during work hours, and enforced the rule strictly. For each minute in the toilet in excess of the allotted times, they were docked 15 yen.

Besides being fined for responding to the call of nature, the six women also allege they underwent sexual harassment. One of the bosses, they claim, would “visit” their dormitory rooms at night and even slip into their futons, where he offered certain financial incentives in exchange for sexual favors.

Language training drills heaped further humiliation upon them, as they were encouraged to hone their Japanese pronunciation with such tongue twisters as “When nipples are large, the breasts are small. When the nipples are small, the breasts are large.”

“We really wanted to go back to Vietnam,” Lien says. “But we couldn’t.” It seems the trainees had posted a bond of $ 8,800 — the equivalent of six or more years of earnings in Vietnam — before leaving. Their families had borrowed to scrape together the money, which would be forfeited if they failed to fulfill their contractual obligations.

Truly, opines Shukan Kinyobi, this is a form of modern-day slavery that enables Japan to “abduct” Vietnamese.

According to TMC’s chairman Masaru Morihei, an organization called the Toyoda Technical Exchange Cooperative, comprised of 20 businesses, promoted the hiring of Vietnamese.

“We were told we could obtain low-cost labor that would address the problem of worker shortages,” he explains. “From the standpoint of a subcontractor factory at the bottom of the cost structure there was no reason for us to reject low-cost labor.”

Other firms in the area that employ Vietnamese trainees were reluctant to discuss the ongoing lawsuit. But one remarked off the record, “The only way for small subcontractors like us to survive is to hold the line on the cost of manufacturing by reducing labor costs.”

So what it comes down to is that the foreign workers who are helping to support a trillion-yen industry get penalized for responding to the call of nature. If that isn’t disgusting, huffs Shukan Kinyobi, what is?
ENDS

Bloomberg on J economy: refers to J immigration from China

mytest

Hi Blog. Got this from Heidi Tan over at Bloomberg (thanks). A Sept 29 podcast from Bloomberg Radio, interviewing Robert Feldman, chief economist at Morgan Stanley Japan Securities, over economic issues and Fukuda’s “steady hand”. One thing brought up was immigration. Here’s how Mr Feldman, who has been “a Japan watcher for 37 years”, assesses the situation:

==========================================
(Minute seven)
Q: Is there a change in immigration within the Japanese people?

A: Yes there is. Immigrants are now really welcome by a large share of the population. Obviously, large-scale immigration is something new to Japan. They’re not sure about it. It’s also a huge issue in many other countries around the globe. And so Japan is watching what’s happening in the United States and in Europe with immigration policy. From my perspective, I see a very large number of Japanese people very much welcoming young, eager, aggressive people who want to come to Japan and make their lives there. We have now between 400,000 and 450,000 foreign-born workers in Japan. That’s not a huge number. But most of these are very young people. A huge number are from China. Young, hardworking kids who want to come and make something out of themselves. And quite interestingly, until a couple of years ago, there was a lot of talk in the media in Japan about crime coming in with these foreign workers. You see almost no discussion of that anymore. I think the immigrant groups have proven themselves to be very hardworking, very good citizens, and that’s helping the image of immigration. So yes, immigration will be part of the story, but inevitably it cannot be the main line.

Q: What is the response to the Chinese coming into Japan?

A: I think a lot of them come because they want to work. They have opportunities there, they read the kanji well enough so it’s easy enough to get around. So I think the young Chinese community in Japan is very very happy to be there. I witnessed a very interesting sort of event a couple of weeks ago. I was visiting the Meiji Shrine in Tokyo… As you enter the main shrine, there a place where according to Shinto religion you’re supposed to wash off your hands… And there was a group of young Chinese kids there, who were about to go into the shrine. And they were being very very serious and solicitious about washing their hands properly before they went into the shrine. As a sign of respect towards the Meiji Emperor. And I thought it was just lovely, that this group of immigrants was so serious about honoring the traditions of the country where they had come to at least work for a while.
http://www.bloomberg.com/tvradio/podcast/ontheeconomy.html
==========================================

COMMENT FROM ARUDOU DEBITO: I’m not sure I can be quite so rosy in outlook right now. Granted, Mr Feldman’s appraisal of Japan’s future labor market actually included immigration for a change (as opposed to the three-page survey in the July 26, 2007 Economist, which irresponsibly ignored it completely). But I’m not so sure about Chinese being “really welcome” (given the short-term revolving-door visa policies that both the ruling party and the bureaucrats want, moreover the “Japanese Only” policies that are even starting to target Chinese in particular) or “very very happy” to be here. Given the harsh working conditions many of them face, I wonder how many Chinese in Japan Mr Feldman talked to create his happiness index, or even his assimilation quotient (just seeing them being respectful of shrine customs does not to me necessarily signal their respect for a Japanese emperor, or the fact that the crowd of Chinese were even immigrants; given the rush of Chinese tourism these past few years, we haven’t eliminated the possibility that they might have been tourists on their best behavior).

And as for the “almost no discussion” regarding foreign crime, the biannnual press releases from the NPA on it still score headlines (see some effects of the last media blitz last February here). Even the current Justice Minister Hatoyama has made it clear he intends to stay the course of toughness towards foreign crime. It’s even been transmuted into anti-terrorism bills.

That said, caveats on my part: I don’t live in Tokyo, and every time I go down south I’m surprised at just how many NJ, particularly Chinese, are working in restaurants, hotels, and convenience stores–and that’s not even touching upon NJ working in less public-view places such as factories and nightlife. I might not be seeing what he’s seeing by living in Sapporo, which is not a terribly international or cosmopolitan place. Plus having my eyes on the problems and issues regarding the negative could be biasing my sample (or just making me old and cynical). But the fact that the larger group (even larger than Chinese) of Newcomer NJ worker immigrants in Japan–the Brazilians–doesn’t even warrant a mention in his assessment (they’re found farther west, away from Kanto) indicates to me that Mr Feldman doesn’t get out of Tokyo much.

I do of course hope he’s right, of course. I just don’t think that based upon what he says above that he has sufficient evidence to back up such rosy assertions, especially given the default government-sponsored policy of treating NJ as inferior workers and portraying them in public as agents of social problems.

Thanks for letting me know about the podcast, Bloomberg. Arudou Debito in Sapporo

J Today on NJ workers, unions, NOVA, and job security in Japan

mytest

Hi Blog. Interesting article on job security in Japan and what unions can do to help. In light of the recent NOVA eikaiwa labor market earthquakes (not to mention pretty lousy job security in Japan for NJ in general–90% of all NJ workers in Japan are on term-limited contracts, according to the National Union of General Workers), it’s a decent roundup.

The title is a bit misleading–makes it sound as if unions are to blame for the mixed results. Not really the article’s tack.

And I encourage everyone in Japan who is NJ to join a union. I have. Lose the allergy and the visions of George Meany and Jimmy Hoffa, and realize it’s the only recourse you have in Japan to get your labor rights enforced. All other measures, as I have written in the past, be they the courts, the ministries, even the laws as written themselves, will not help you in a labor dispute. Especially if you are a NJ. Labor rights have been severely weakened over the past two decades, and the sooner you understand that and take appropriate measures, the more secure life you’re going to have in Japan.

Arudou Debito in Sapporo

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Foreign workers get mixed results from joining unions in Japan
By Oscar Johnson
Japan Today Feature Friday, September 28, 2007

http://www.japantoday.com/jp/feature/1293
Courtesy of Guregu

TOKYO —For many foreign workers in Japan, joining a labor union is hardly a priority. But just as Nova language school — the country’s largest employer of foreigners — has taken heat recently for illegal dealings with customers and not paying wages, its ongoing row with unions has been gaining scrutiny. For some, the issue calls into question the very viability of unions; for others, it confirms the need.

“If workers don’t join a union, there’s only one certainty: things will not change,” says Bob Tench, vice president of the Kanto branch of the National Union of General Workers’ Nova Union. “If they do, I can’t say for certain things will change, but there’s a chance.”

Tench speaks from experience. For years, his union has sparred with Nova over pension insurance, long-term contracts and other issues. “We haven’t gotten one demand,” he says. “The company has given nothing — zero.”

Indeed, there’s little incentive for companies like Nova, which did not respond to questions for this article, to publicly discuss its labor disputes. Unions, for their part, uniformly decline to reveal membership numbers, for fear of showing their hand to management. The relationship between the two is not always contentious, but in Japan the situation is hindered by a tendency to view foreign workers only as transitory, says Louis Carlet, deputy general secretary of the National Union of General Workers Tokyo Nambu (NUGW).

“The biggest issue we deal with is job security — dismissals, contract non-renewals and shaky contracts,” Carlet says. The typical one-year work agreement, he adds, can leave foreign employees in a state of limbo, fearing arbitrary non-renewals — a concept alien to most Japanese workers. Carlet admits that foreigners are often paid more than Japanese, but says there’s a tradeoff in job security and benefits, including unemployment and health insurance, that are needed by permanent residents. “One of our biggest goals is to achieve permanent employment status for foreign workers,” he says. “Right now, they’re regarded as what’s called `perma-temp’ (permanently temporary) workers.”

NUGW boasts about 65 workplace branches, and it has 200 more members at companies without on-site branches. Approximately 20% of its 2,600 members are foreigners, and 80% of those are teachers; another 10% work for newspapers. NUGW, whose foreign members are mostly from Western countries, is one of the Tokyo area’s few general unions with a large non-Japanese representation. Others, such as Zentoitsu Workers Union and Kanagawa City Union, have significant Central Asian, African and Brazilian members. Both unions put a priority on such issues as workplace safety and help with visas.

“If there’s a union branch, members can choose demands and submit them to management,” Carlet says. “We can help individuals, but it’s much more difficult. We can collective-bargain, but management sees one person as simply causing a problem. Often we tell them to come back with one or two of their coworkers.”

On the topic of Nova, Carlet and other union officials say that as Japan’s largest English language school, it sets the industry standard — for better or for worse. And these days, many agree, it’s the latter. After attempting to negotiate with the English school and even organizing strikes, NUGW Nova Union last year filed a suit with the Tokyo Labor Relations Board, and is now awaiting a verdict that Tench says could force Nova to negotiate more amiably. But that’s likely the least of the company’s concerns.

In April, the same month that Nova posted a net loss of 2.5 billion yen for fiscal 2006, it lost a Supreme Court decision in a lawsuit filed by a former student who was bilked out of a refund after canceling his contract for English lessons. By June, the Ministry of Economy, Trade and Industry slapped the firm with an unprecedented six-month ban on signing new long-term customer contracts after determining such practices were routine. The ministry cited other violations, including misleading advertising, according to media reports.

In response, the Health, Labor and Welfare Ministry yanked job-training subsidies for Nova language courses. And this month, as the school mulled over issuing new shares to stay afloat, the French financial group BNP Paribas unloaded its 11.85% stake in the company for 30 yen a share — 41 yen less than it paid for them, according to media reports. Recent revelations of shady business practices may be the source of Nova’s current woes, but some say they mirror labor practices its unions have been fighting for years.

NUGW Nova Union and its sister organization in Kansai were founded in 1993 following a dispute over random drug testing of Nova employees, a policy that was established after two instructors were arrested for drug possession. The Osaka Bar Association, whose decisions carry significant weight but are non-binding, ruled that the policy discriminated against foreign staff and violated their right to privacy. The association made a similar ruling against a Nova policy barring teachers from socializing with students outside of school in 2004, and the following year Nova settled out of court with one teacher after trying to enforce the policy. Yet both rules reportedly remain in place to this day.

“If a company doesn’t treat its workers fairly, then it will do the same to its customers,” says Tench. “Management at many companies resist improving working conditions, which seems to me to be an extraordinarily stupid thing for any company to do.” Despite such grievances, Tench and Dan Bain, an executive officer of the Osaka-based General Union, say they now worry about Nova’s future —especially after the chain announced last week that it may shutter 200 of its 900 schools. “Our concern is where the company is going — whether we’ll be able to keep our jobs,” he says. “One thing we’re looking at is possibly petitioning the government. That six-month suspension of new costumer contracts is not just penalizing the company but also teachers; some 5,000 staff could be out of work.”

Berlitz also under fire

Other English language school unions, however, say they have been more successful. Catherine Campbell is president of Berlitz Union NUGW (or BEGUNTO), which is lauded by many longtime members. “Currently, we are in dispute to see some of the profits Berlitz has been making reflected in the working conditions,” she said on a recent afternoon after passing out leaflets to passersby. “We’ve seen a steady decline in work conditions. The company introduces new contracts, and what we see is the newer people making a lot less money for the same work that people under older contracts are doing.” (Michael Mullen, a Berlitz human resources manager in Tokyo, said he or others at the company would not comment on unions for this article.)

Campbell is optimistic about union efforts, citing past successes. “In 2004, the company had a bad year, so it announced that teacher salaries would be frozen. The union didn’t accept that, so we went on strike and the company agreed to pay increases.” She also notes smaller victories, such as a dispute over a closet-size teachers’ room at one school, which led to Berlitz agreeing to consider teacher input when making renovations and choosing facilities. But not everyone is so upbeat.

Mark Jennings is a Berlitz Teacher and founding member of BEGUNTO who once held a series of executive posts in the union. After being actively involved with the group for much of his two decades in Japan, he had an epiphany: “I resigned because I finally figured out that NUGW is just a scam. I think unions in Japan are not serious and are not meant to be. NUGW keeps active just enough to maintain credibility.”

Jennings says unions are just an extension of management, more interested in collecting dues than creating change. Teachers have been fired for joining NUGW, yet the group took no real action, he says, and teachers have not had a base-pay raise since 1993, which indicates the union’s passive approach to collective bargaining.

Carlet, whose job as deputy general secretary pays 250,000 yen a month — less, he adds, than many of the members he works for — says union policy and how aggressive to be with management is decided by the members themselves. As proof of successful negotiations, he points to unemployment insurance for teachers at Nova and most other eikaiwa, which was a right won by the union. “If you have a problem with the union,” Carlet says, “then join it and change it.” It’s similar to the challange unions make regarding the workplace.

That’s a call that Mark Goldsmith, a copy editor for The Japan Times, heeded more than once — with mixed results. A former BEGUNTO member, Goldsmith moved on to the Daily Yomiuri in 1999, where he used his contacts to help start NUGW’s Daily Yomiuri Workers Union branch.

“After being there a few months and seeing the conditions, I asked if others were interested in starting a union, and there was considerable interest, especially among foreigners,” he says. The union was able to get late-shift payments and curtail indefinite “trial-period” contracts that excluded staff from health insurance, pension and unemployment benefits, Goldsmith and other sources say.

Asahi Shimbun used union-busting tactics

“It was stressful at first, but at least it wasn’t the union-busting tactics used by Asahi,” he says of his next job. As a copy editor at the International Herald Tribune/Asahi Shimbun, Goldsmith says he didn’t plan to start a union. Yet in 2002, he found himself right in the thick of another battle. “I thought Asahi, being a liberal paper, would be labor-friendly. I had no idea they had Japanese writers and translators being paid as freelancers that were required to be there the same hours as regular workers.”

Although Goldsmith and others managed to form the IHT/Asahi Employees Union branch of NUGW, collective bargaining proved fruitless. The last union member at the paper resigned after three remaining co-members refused to sign contracts that would have resulted in termination after five years. The three are now appealing a lawsuit they lost against the company.

Firms such as Asahi and Yomiuri have their own unions, but if they are open to all workers, Goldsmith, Carlet and others say, they’re unlikely to challenge management, much less stand up for a minority of disadvantaged coworkers. It leaves some feeling that the only option is to organize, which is not without its challenges — especially in the English conversation school industry.

“We like to say unionizing ALTs is like herding cats,” Carlet says. “They’re so scattered around that they never see each other.” Scant Japanese-language skills also put an undue burden on unions attempting to address foreign-worker issues. “Most foreigners in Japan are illiterate — they can’t read the rules and laws. I spend a lot of time translating affidavits and interpreting.” Carlet even jokes that the best thing about his 15-hour-a- week kidney dialysis treatments is that it forces him to rest. “Before dialysis, I used to work morning to night.”

Then there are the fence-sitters. “One of the most frustrating things,” says BEGUNTO’s Campbell, “is people say one of the reasons they joined Berlitz is because of the union, but they haven’t gotten around to joining. Some don’t want to spend 2,500 yen a month on union dues, and others say, `I don’t know how long I’m going to stay.'”

Tench of the Nova Union argues that many mistake the collective benefits of union membership with self-interest when weighing whether to join. “The reason a lot of foreign workers in Japan are not interested in joining unions — especially in the eikaiwa industry,” he says, “is they are not committed to the job and they’re not committed to the country.”

Signing up

If you are interested in joining a union or learning more about labor issues in Japan, check out the following organizations.

National Union of General Workers — Tokyo Nambu (NUGW)5-17-7 Shinbashi, Minato-ku. Tel: 03-3434-0669. Email: info@nambufwc.org. http://nambufwc.org

NUGW — Nova Union Branch Can be contacted via NUGW in Tokyo.

General Union — Osaka OfficeTel: 06-6352-9619. union@generalunion.org, http://www.generalunion.org

General Union — Nova branchCan be contacted via General Union in Osaka. http://www.generalunion.org/nova

Berlitz General Union Tokyo (BEGUNTO) Can be contacted via NUGW in Tokyo.

General Union Berlitz Branch (BEGUN) Can be contacted via General Union in Osaka.

IHT/Asahi Employees Union (NUGW branch) Can be contacted via NUGW in Tokyo. webmaster@iht-asahiunion.com, http://www.iht-asahiunion.com

Zentoitsu Workers Union http://www.zwu.or.jp (Japanese)

Kanagawa City Union http://www1.ocn.ne.jp/~kcunion (Japanese)

September 28, 2007
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Japan Times Community Page on NOVA Eikaiwa, and Advice for Teachers

mytest

Hi Blog. Thanks to everyone who contributed to this article. I’m told a lot of support came from readers of Debito.org, and I’m glad we could have been of assistance in an informative article during this very unstable time for Japan’s largest employer of NJ. Erstwhile employer by now, probably.

Incredibly good advice for employees in plight follows article below. Arudou Debito in Sapporo

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THE ZEIT GIST
IS IT ALL OVER FOR NOVA?
As ‘eikaiwa’ giant plans school closures amid credit crunch, some fear the worst
The Japan Times, Tuesday, Sept. 25, 2007

By BEN STUBBINGS Staff writer
http://search.japantimes.co.jp/cgi-bin/fl20070925zg.html

“The dark clouds that have been hanging heavily over us will be cast aside,” reads the English translation of Nova Corp. CEO Nozomu Sahashi’s memo faxed to staff Friday. “I said previously ‘the darkest time is before the dawn,’ and finally the first light of dawn can be seen.”

Nova is on the rocks, and the rosy forecast from the man at the helm of the Osaka-based “eikaiwa” behemoth may not be enough to reassure members of the 7,000-strong Nova crew — including some 5,000 foreigners — that the company isn’t sinking as Japan’s biggest conversation school chain plans to abandon at least 200 of its 900 branches, according to reports.

For the second month in a row, wages were paid late in September. Some teachers — those in the Osaka and Tokyo areas — were paid on time on the 14th; others received their wages on the 18th. Titled instructors are anxiously waiting to see if they get paid as promised on Tuesday 25th — 11 days late. Teachers in Nova-managed accommodation have received eviction warnings over unpaid rent despite the fact the company has been deducting money for this purpose from employees’ salaries.

Nova’s labor-relations and legal woes over the past years have been well documented, but the biggest blow for the firm was the punishment meted out by the Japanese government to the firm for deceiving students about lesson availability: The Ministry of Economy, Trade and Industry (METI) slapped business restrictions on the corporation in June, banning the signup of new students on upfront — and lucrative — long-term contracts for a six-month period. The bad publicity generated by the decision has led to increasing numbers of students canceling contracts and demanding refunds from the cash-strapped firm.

“It’s kind of like a financial run on a bank,” said Louis Carlet, deputy secretary general of the National Union of General Workers Tokyo Nambu, which counts hundreds of Nova employees among its members. “That’s why this could be the biggest consumer wipeout in Japanese history, because the customers are depositing all this money as if in a bank, assuming the money will be there, and now . . . Nova students are getting worried that they’re gonna get wiped out, so they’re rushing to cancel the contracts and the more they rush the more Nova can’t pay their bills.”

However, Nova boss Sahashi is upbeat about the future. “I would like to inform you that the prospects look clearer for the refunds of cancellations that have accumulated until now and that a schedule has been established for refunding this money from the end of this month,” he wrote to staff Friday. “With this there will be no concern regarding salaries from next month onwards. I cannot announce further details at the moment but would like you to feel reassured and concentrate on business as usual.”

So what — if anything — does Nova have up its sleeve? Nova declined to comment over the phone for this story and e-mails to the corporation’s Tokyo and Osaka offices went unanswered.

The memo failed to impress Ken Worsley, Tokyo-based business consultant and editor of Japan Economy News.

“It is vague and contains no proof or evidence that something legitimate is on the way,” he wrote in an e-mail. “We should remember that in December 2005, a few weeks before eikaiwa operator NCB went bankrupt in January 2006, its management issued a similar notice, telling employees that they were about to receive a ‘capital injection’ from a large investor. It never happened, and on the day before January’s payday, NCB locked its doors forever and failed to pay staff or instructors. I see the same pattern evolving with Nova.”

The closure of some 200 schools, reportedly in the Tokyo area and Osaka, Hyogo and Aichi prefectures, should bring in a bundle of cash from savings on rent and the possible sale/rental of Nova-owned property. Is this the first stage in a process of consolidation that could save Nova from bankruptcy?

“I don’t think that Nova’s reported downsizing is a plan in the sense of being a well-thought-out business strategy so much as it is damage control,” Worsley said. “It has been suggested that they are being evicted from some locations, which would certainly indicate that cash flow problems run truly deep. On the other hand, if Nova has embarked upon a strategic downsizing without making an announcement to its employees and investors, one is forced to wonder to what extent the top management may be trusted.”

With Nova’s share price hovering around the ¥40 mark, down from around ¥100 in June (after hitting a high of ¥1,750 in 1999) and last quarter’s dismal financial report — Nova posted a ¥4.5 billion operating loss over the April-June period (before the METI order), nearly four times the loss over the whole of the last financial year — you might expect shareholders to be clamoring for the heads of top management. However, Nova’s top shareholders at least — Nova Kikaku (the corporation’s holding company) and Sahashi himself — appear to have faith in the current management. And despite the firm now going for a knock-down price, the fact that the same people who got Nova into this mess are still at the controls may put off potential buyers or partners.

“It would be a brave company that would take over a company in Nova’s situation without a change in management,” said Bob Tench, vice president of the Nova union. “The company has a large infrastructure, which in itself is a valuable asset; it has a lot of experience amongst its employees; and with the share price being so low it would be a good buy for a company — provided they could insert a new top management to run things properly from now on.”

Travel agency H.I.S. was reported to have been talking with Nova about a tieup in July, and some reports have suggested the stumbling block was Nova management’s insistence on staying put. Sahashi, in an interview following the METI order, also ruled out joining forces with other eikaiwa firms. “I don’t want to tie up with a fellow trader,” he said.

With Nova running out of both money and options, talk is increasingly turning to the possibility of bankruptcy.

“I think that Nova’s chances of pulling through and surviving as a company are slim at best,” Worsley said days after the school closures were reported. “I have predicted before that the company would go under around the beginning of November, and I see no reason to change that statement at this point. Late payment is a huge red flag that a company simply does not have a strong enough cash flow to deal with its operating costs. Given that we have seen two late salary payments in a row, I take this as a sign that Nova is nearing insolvency.”

If Nova files for bankruptcy, one concern — among many — for employees would be getting hold of unpaid wages. If teachers have time left on their visas and procedures go smoothly, this wouldn’t be a major problem, according to Carlet.

The prospects for students hoping to get money back that they paid Nova upfront for lessons, however, are bleaker.

“The students are very unlikely . . . to get much of their money back, and in the past — like with Lado — other schools have been willing to take the students, sometimes for free or half-price,” Carlet said, referring to an eikaiwa chain that went bankrupt in May. “However Nova, being the Goliath it’s always been in the industry, is not in either of the two industry organizations.”

A nightmare even worse than bankruptcy for Nova staff and students would be if the corporation soldiered on after all hope was lost, said Carlet.

“If they don’t officially go bankrupt that means the teachers won’t be dismissed, they just won’t be paid, and if they resign they’d have to wait three months (for unemployment insurance), and if they don’t resign we have to prove that it’s effectively a bankruptcy, which takes time, so either way they’re in serious trouble if Nova doesn’t officially go bankrupt.”

It’s a scenario that is well within the realms of possibility considering how much is at stake for those at the top of the firm, said Worsley.

“The only incentives are fear and greed. Let’s not forget: Should Nova go down, its top management will be in serious personal financial difficulties and will be unhireable. For top management, it makes sense to keep the company running as long as possible in hopes that someone will buy it out. This happened with NCB and Lado, yet in the end no one bought them out.”

With so much uncertainty surrounding the firm’s future, many teachers are not sticking around to see if Nova can weather the storm. Berlitz alone received some 200 applications over a couple of days last week from Nova teachers seeking jobs, said a company source.

Roy Beaubien, who jumped ship after the late payment of wages this month, advises other Nova employees to do the same.

“I’ve seen a Japanese English conversation school try to avoid going bankrupt first hand before. It was hell. Only many years later did any teachers — and only a few of them that stuck it out for years through many court hearings and after paying years of union fees — finally get some of their money from the company through the court system.

“As for me? I was until very recently a Nova employee. I applied for my paid holidays immediately after our pay was 12 hours later than usual. I then handed in my resignation soon after that. I learned my lesson years ago and I vowed never to go through that again. This time I wanted to get out when I was still likely to get what I was owed.”

Send comments on this issue and story ideas to: community@japantimes.co.jp
The Japan Times: Tuesday, Sept. 25, 2007

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RELATED INFORMATION
Advice for teachers from The Japan Times

http://search.japantimes.co.jp/cgi-bin/fl20070925a1.html

Union support
“The general union and Nambu decided on a policy that that we won’t take new members if Nova goes bankrupt. What we will have is a question-and-answer site — we’ll give all the information necessary to employees to get the government subsidy for unpaid wages, and we’ll hold a one-time “setsumeikai” (meeting) for any employee who wants to come. If it goes bankrupt, we will shut the doors on the Nova union, but of course they’re welcome to join Nambu separately.

“As for Nova members, we’ll be actively pursuing all their wages, not just the 80 percent guaranteed by the government. If Nova has any assets left, in general employees get first dibs, so we’ll be fighting for that.” (Louis Carlet, deputy general secretary of the National Union of General Workers Tokyo Nambu)

Unpaid wages
“If there’s unpaid wages, we would have to go to the Labor Standards Office or a court and force (Nova) into paying whatever they have and then eventually when they can’t — when the court forces them to pay and they don’t have any money to pay — then it could be a long, drawn-out process. In the meantime, a lot of foreigners may not be able to stay in Japan to fight, so at least our union members, even if they have to leave the country, we’ll continue to fight for them.” (Louis Carlet)

Accommodation
“Even if the owner/the landlord/the agency is screaming at you to get out, you don’t have to leave — just keep paying your rent. If the company was supposed to be paying the rent and they haven’t, sue the company for fraud or tell the agency: ‘Look, the company’s supposed to be paying, and I’ve already paid the company.’ You have a right of residency, and anyone who wanted to get you out is going to have to get a court order to do it.”(Bob Tench, Nova union vice president)

Immigration
“Your company does not sponsor your visa, even though a lot of companies say so: There is no formal relationship between an employer and the immigration office. When you go to renew your visa at the immigration office, you take your certificate of insurance, your employment contract and your tax-paid certificate. Those are the documents you need — that’s it, and your employer is obliged to provide you with those, for whatever reason, on request, within 24 hours.”

“If you think (bankruptcy is) gonna happen and, for example, your visa is coming up for renewal in one or two months, apply for a renewal now and present the documents that you have. You can ask for a new certificate of insurance, tax certificate and your current contract, which has an expiry date coming up, and present that to the immigration office saying: ‘I’m expecting to be renewed,’ and you get your visa renewed. All you have to do is say something like, ‘I’m thinking of taking a holiday at the time of renewal, so I need to renew now,’ because while your visa renewal is in you’re not allowed to leave the country, so it’s a perfectly valid excuse. . . . I would advise anyone to do that if they’re in that situation.” (Bob Tench)

Redundancies
“The union would fight every redundancy and under Japanese law there are quite serious restrictions about when redundancies may be made — certain stringent conditions have to be met by the company and of course the union knows the legal ins and outs of that, so of course the union would fight tooth and nail to make sure that all those conditions were properly met, and if they weren’t then we take the company to court.” (Bob Tench)

Unemployment insurance
“It’s a really complicated formula but there’s a limit — roughly speaking, teachers will get ¥200,000 a month. It’s not really a percentage of salary — if it’s a high salary you wouldn’t get 80 percent of that. You would get it for a certain number of months depending on your age and how long you’ve been enrolled in employment. The minimum is three months and you must get it before one year after dismissal, and if you resign you can’t get it for the first three months.”

“If (Nova) goes bankrupt, (employees) will be fired officially, dismissed by the receiver, and if they’re fired they can get unemployment insurance right away, if you’re in Japan and if you have a work visa, so if they’re in that situation that’s OK.” (Louis Carlet) (B.S.)

The Japan Times: Tuesday, Sept. 25, 2007
ENDS

Japan Times calls for info re NOVA eikawa school’s condition

mytest

Hi Blog. Got a request from the editor of the Japan Times Community Page, Ben Stubbings, who would like information for the next column (draft due this weekend) re the NOVA eikaiwa school situation. Anyone out there who has some info they’d like to see hit a national audience? Let Ben know. Some questions from him follow.

With even Trans Pacific Radio for weeks now urging listeners who might be NOVA employees to get out of NOVA while the going is good, help out if you can. Another article germane to this situation enclosed below in the comments section below. Arudou Debito

================================

I’m writing an article for The Japan Times Community Page on the current plight of Nova, focusing on what the chances are of the firm going under, considering the recent government penalties and late payments of teachers’ salaries and rent. In particular, I’m going to consider what would happen to teachers in terms of their salaries, visas and apartments if Nova goes bankrupt. Following are a list of questions I’m looking into for the article.

Also just got a mail from a teacher who knew someone who got a threat of eviction that showed the rent Nova was paying for the apartment was considerably less than the amount he was forking out every month out for the flat! That’s almost another story in itself, but I would be interested to know if anyone else has had a similar experience.

Here are the questions: 1) In exactly how bad shape is Nova financially, and what are the chances of it going bankrupt?

2) What are the chances of a bail-out by other firms or the government?

3) How are Nova’s chances if it survives the 6-month penalty period?

4) What is the extent of the nonpayment of rents and threats of evictions this month – how many have been threatened with eviction and has anyone actually been evicted?

5) How many schools have closed recently and how many teachers and staff made redundant?

6) What is the situation regarding redundancy pay and unemployment benefits for sacked staff – particularly what would be the situation if the company went under?

7) What would be the consequences for teachers in terms of accommodation if the company went bankrupt?

8) Likewise, the situation for thousands of teachers with valid visas – would there be a roundup and cancellations of visas?

9) If thousands of staff were suddenly to find themselves out of a job, what are the chances of them finding another job here? Need school facts and figs for this.

10) Are Nova union members any more protected than non-members?

I hope you can help. This is an issue that affects a great number of people – teachers, Japanese staff and students – who deserve to know what’s going on and what to be prepared for, just in case the worst comes to the worst.

Ben Stubbings Community Editor The Japan Times

community@japantimes.co.jp (work: Japanese/English)
benstubbings@yahoo.co.uk (no Japanese)
ENDS