Posted by Dr. ARUDOU, Debito on March 9th, 2008
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
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.
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.