Let's Japan.org Debunking Eikaiwa and Ramblings in Japan

An LJ reader sent me this letter from his insurance company regarding the new immigration guideline which appears to confirm that the stance on the guideline has been softened. As the letter points out, not being enrolled in a public health plan is insufficient grounds for declining a visa renewal application. It looks like a lot of instructors can breathe a sigh of relief.

Update 11/28: Hoofin makes some salient points on this issue. The focus on Guideline 8 is misplaced in that it doesn't supersede the fact that the law still compels you or your employer to enroll in a national health plan while you are working in Japan. Instead of faxes from Diet members and comments from the Immigration Bureau, we should be seeking answers from the Health Ministry and Social Insurance Agency who have authority over this matter.

Update 12/7: Dmca.com has contacted Let's Japan and informed me that their client requested that this URL be taken down since I posted private and confidential correspondence intended for their client only. On that note, I've removed the letter from this post.

As you are aware, immigration guidelines are set to be changed next April so that you will have to show proof of enrollment in shakai hoken or kokumin kenko hoken when you apply to renew your visa. This is a huge issue for eikaiwa instructors as most are not enrolled in either health plan and are faced with the possibility of having to make hefty back payments upon enrollment.

This change might be on hold, though. According to Ronald Kessler, head of the Free Choice Foundation, which is campaigning for foreigners to be able to opt out of Japan's national health plans and buy their own private coverage, the revisions to the immigration guideline may be scrapped.

The Free Choice Foundation has just received word that an unpopular Immigration guideline is to be repealed.

The news was relayed via a phone call from the office of an Upper House lawmaker* immediately after he had spoken with the Justice Ministry regarding Immigration Guideline No. 8, the mandate that would have required visa applicants to present their social insurance ID cards at the application window. The lawmaker was informed that due to the large number of complaints registered - as well as the communiqué received from the Kobe City Assembly - the Ministry will be deleting (sakujo) Guideline No. 8 from the list of eight guidelines.

Kessler says that the Justice Ministry was overwhelmed by the resistance to the changes and decided to delete the guideline for the time being. No doubt a lot of instructors are going to be very relieved to hear this news.

(h/t ripslyme in the forums)

The latest development in the dirty undertaking of dispatch teaching:

A labor union of foreign workers requested Monday that the Aichi prefectural board of education address the concerns of English-language instructors at public schools who they say are working under illegal contracts.

The General Union, based in the city of Osaka, said an investigation it conducted last month and communications with municipal boards of education show that foreign teaching assistants in 16 school districts in the prefecture are contracted by private language schools or other agents rather than the school boards themselves.

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

It's all slowly coming to a head. Nothing illustrates the situation better than this 2005 letterfrom the Ministry of Education, Culture, Sports, Science and Technology (MEXT) acknowledging that gyomu itaku (outsourcing contracts) are illegal.

This notice was sent to all prefectural BOEs, and advises that they give preference to JETs, direct hires, and legal dispatch jobs over gyomu itaku with private dispatch companies. It also recommends that skilled ALTs be made permanent employees （正社員）.

Paragraph 3 in the appendix also contains some noteworthy items. It notes that dispatch contracts can only be made with ministry-approved dispatch companies and that BOEs should make sure they are dealing with approved companies before entering into a contract. It also notes that dispatch contracts are valid for 3 years whereupon the ALT must be made a permanent employee.

This letter is the kind of thing that should lay the foundation for ALT positions to be decent jobs, but instead, what we have is a terrible triangle.

BOEs: Lazy and cheap. They want ALTs in classrooms but don't want any of the hassles that come with having to manage foreigners. They know that dispatch companies can be unscrupulous but use them anyway. They like the steady supply of cheap instructors but aren't smart enough to figure out why the teacher turnover is so high.

MEXT: The letter shows that they are aware of illegal hiring practices, but they aren't doing anything beyond issuing guidance. This particular letter was written in 2005, and clearly nothing has been done in the past 4 years. Recall the fate of Samantha, covered by NHK in 2007. Fast forward to the present, and we still have the same abuses happening to ALTs like Robert and Eric.

ALTs: For some unknown reason, despite the information one can find on the internet about dispatch companies and teaching in Japan, teachers still insist on being taken advantage of by their employers. They work for low pay and no benefits because they'd rather not give up on their dream/fantasy/plan of living in Japan.

Where is the breaking point? There is absolutely no justification to put up with such terrible working conditions. At what point does the whole mess collapse under the weight of its own bullshit? Who takes the first step in breaking the triangle? Do the BOEs smarten up? Does MEXT do something beyond issuing memos? Do ALTs quit in droves or strike for better working conditions?

A quick blurb in the newspaper, the Mainichi reports that the three men arrested on suspicion of confining Sahashi in his hotel room have been released.

Apparently the police don't have much of a case on them. At any rate, the thugs caught with Sahashi are probably thinking, "Mission accomplished." They delivered their message.

Mainichi article

ＮＯＶＡ元社長事件：監禁容疑で逮捕の３人釈放　東京地検　

東京地検は１９日、経営破綻（はたん）した英会話学校最大手「ＮＯＶＡ」（破産手続き中）元社長、猿橋望被告（５８）＝業務上横領罪で実刑判決、控訴中＝の監禁容疑で逮捕された指定暴力団山口組系組員（３８）ら３人を、処分保留で釈放した。

警視庁は、９月２８日に東京都中央区のホテル一室で猿橋被告を監禁したとして３人を逮捕した。捜査関係者によると、組員らは警視庁の調べに「一緒にいただけ」などと容疑を否認。猿橋被告もホテル内から外部に電話で連絡を取っていたといい、地検はホテルでのやりとりについて捜査を継続する。

毎日新聞　2009年10月19日　20時42分

The Japan Times ran a couple of articles last week on the coming changes in health insurance for foreigners in Japan.

As you are probably already aware, starting next April, you will have to show proof of enrollment in shakai hoken (SH) or kokumin kenko hoken (KKH) when you apply to renew your visa. Jenny Uechi reminds us of the law:

If you are working for a company in Japan, chances are that you are (or need to be) enrolled in shakai hoken, in which you pay half of your health insurance premiums and your company pays the rest. There isn't much ambiguity about shakai hoken: If a company employs more than five people, and an employee is working more than 20 hours a week for a period longer than 2 months, the company is obligated to submit paperwork for an employee's health insurance and pension to the Social Insurance Agency within five days of hiring. With shakai hoken comes the kosei nenkin, or pension plan; the two are a set, and enrollment is mandatory whether you plan to retire in Japan or not.

Meanwhile, people who are unemployed, self-employed, employed by a small firm or retired should be enrolled in kokumin kenko hoken (national health insurance). People paying into this system have to sign up on their own for kokumin nenkin (the national pension) at their city ward office.

Unfortunately a lot of English instructors are unaware of the law and find themselves in a position like "Patrick Johnson:"

Patrick Johnson (not his real name), an assistant language teacher, has recently had to fork out over ¥700,000 in back payments for the last two years he has been living in Japan without national health insurance. He has just paid his final monthly installment of ¥75,000, he explains with a tired sigh of relief. He used to pay for private insurance, but has left the scheme now he is covered by kokumin kenko hoken.

Johnson, who works for a large corporation with far more than five employees, is well aware that he should technically be enrolled in shakai hoken, where his company pays 50 percent of his premiums. But because his contract states that he only works 29.5 hours — well over the 20-hour limit but .5 of an hour below the limit that usually triggers a government crackdown — the company can instead oblige him to sign up for the other option, where he has to bear 100 percent of the cost.

"You know how the system works," he says wearily, as though hour-fudging is a given in Japan's language-teaching industry.

Johnson reflects on his experience with more resignation than rage. Last year, he says, the city started sending letters asking him to pay health insurance. Since he already had private coverage through his company, he did not think much of it, but started panicking when the city approached his company asking for his bank information. Then one day it happened — he saw ¥50,000 had vanished from his bank account

His experience is typical of most instructors. They are generally unaware that their employers should be enrolling them in an insurance scheme and are surprised to learn that they owe up to two years in back payments when they finally do get properly enrolled. This is also one of the reasons why many would like to avoid SH or KKH--they are expensive.

Which brings me to Ronald Kessler's Zeit Gist column in which he argues that foreigners in Japan have special healthcare needs and that for vital reasons of communication, level of service, and repatriation of remains, foreigners should be able to presumably opt out of SH or KKH and choose their own plans.

There are a few problems with Mr. Kessler's argument, however. First, enrollment in SH and KKH is mandated by law, and, lke taxes, you can't choose to not pay. He also forgets to mention that if foreigners do need extra coverage, they can get it from one of Japan's private insurance companies. This is in fact what many Japanese do to cover the gap between SH or KKH should they be hospitalized for an extended period of time. Moreover, he fails to provide any specifics as to what other health insurance plans make them preferable to Japan's public ones. What are the cheaper and more comprehensive health insurance plans? Are they universally accepted across Japan?

One point I agree with him on is that it is curious that Immigration, not the Social Insurance Agency, will effectively be enforcing enrollment. This shifts the burden of enrollment on the instructors, not their employers.

If the government wants to enforce enrollment in this odd manner, then that's there prerogative. Personally, I don't see this an issue of choice insomuch as it is a labour issue. As has been mentioned on LJ before, employers play fast and loose with working hours, drawing up 29.5 hour work weeks so they can avoid having to enroll their instructors in a health plan even if their instructors are physically at school on a full-time basis.

Instead of putting the burden on instructors to enroll, the Social Insurance Agency should be cracking down on the schools who shirk their legal obligations.

One thing is for sure, there will be more than a few instructors who are hit for back payments when they are ultimately forced to enroll. There may even be a few who are unable to renew their visas.

It's time for instructors to be prepared. If your visa is up for renewal next spring, make sure you have some money set aside in case you are have to make back payments. While costly, you can negotiate with local governments and set up a payment schedule that fits your budget or even get your payments reduced.

It's also time to start making some noise about your working conditions. Even "Patrick Johnson" knew his employer was gaming the system yet he turned a blind eye. Don't let your employer rob you of your right to healthcare in Japan. For all its warts and deficiencies, SH and KKH cover you, no questions asked. The choice involved here is not which plan is better for foreigners in Japan, but choosing to stand up to your employer and demanding your right to healthcare coverage.

The Yomiuri Shimbun, via Yahoo!, has a story about the dark underbelly of ALT dispatch companies as English will become a compulsory subject in the fifth and sixth grades in 2011.

For example, schools have to deal with the constant turnover of ALTs. One BOE member in Saitama related that he is on his 4th ALT quit since April. This revolving door of teachers is not conducive to learning.

A contributing factor to the revolving door are the dispatch companies themselves. The low salaries ALTs receive guarantees they won't be around for very long. A principle in Saitama noted that the dispatch company that won the contract for his school placed a bid that was ¥310,000 per ALT lower than the bids last year.

Figures from the education ministry show that 25% schools use the JETs while the remainder rely on dispatch companies. The principal in Saitama adds that his city has a contract with a dispatch company to provide approximately 20 ALTs to more than 40 elementary, junior, and senior high schools, and knows that the company has cut the salaries, bonuses, or in some cases both, of ALTs who missed half a day due to illness. He says that he will no longer be able to provide quality education if the number of unscrupulous dispatch companies increases.

The increase in dispatch companies took a noticeable leap in 2006 when it was announced that English would be a compulsory subject in elementary schools. But this was when ALTs in the JET Programme were directly hired. An increasing number of school boards now don't want to be bothered with having to hire, house, or find replacement ALTs, which is why they find dispatch companies so appealing.

The problems described in the Yomiuri article are further illustrated in a news special on ALTs. Like their Japanese counterparts, contract teachers have zero job security. Part 1 starts with Lara, who came to Japan to study pottery. She's teaching twice a week, and lucky for her, she is directly employed by her BOE. She is one of the lucky ALTs. She loves her job and the kids like her lessons. Then there are the less fortunate ALTs like Robert, who was summarily fired from his job 5 months before his contract expired. His lunch consists of bean sprouts and a small cut of salmon. He has to pinch his pennies because he hasn't found another job. When he tried to get an answer from his dispatch company as to why he was dismissed, they told him that the BOE wanted a change in ALTs. To illustrate how bad the conditions are, the news program asked a room of parents and students if their ALT had ever changed during a year. They answered, "Yes," with one boy saying he had 7 or 8 different teachers.

In part 2, we're treated to more problems. Eric has no savings and made only ¥112,000 in December and ¥150,000 in January. Although he's been working for 3 years, he's been on 6-month renewal contracts. He hasn't been paying into shakai hoken because his dispatch company told him that since he teaches fewer than 6 hours a day, they can't enroll him. His contract, however, shows that he works 8 hours a day.

His contract with the dispatch company is illegal. The problem is that while the schools are supposed to go through the dispatch company when giving orders or instructions to an ALT, this doesn't happen simply because the ALT is in the school and its easier to give instructions directly. Under the law, the schools should be directly employing ALTs.

A survey done by the news program shows that of the 62 cities they surveyed, 51 BOEs had contracts with dispatch companies. If the education ministry understands that these kinds of contract arrangements are illegal, why are ALTs working under them? The answer comes down to money. The BOEs don't have any, so they look for the cheapest dispatch company. The education ministry, however, appears to have no idea as to how many ALTs are working under this conditions, but plans to investigate.

Comment: The school boards want English to be cheap, fast, and, good but don't realize that they can only pick two of these options in real life. If BOE's want continuity and good lessons, they're going to have to pay for it, but they don't appear to have the budget for this.

The article and the news report illustrate how utterly broken English education is in public schools. Fixing this problem should be straightforward but the BOEs have no money and the education ministry is dragging its feet even though it's aware ALTs are working under illegal contracts.

With NOVA gone, I think it's fair to say that ALT dispatch companies can lay claim to being the worst in the business. They are truly bottom of the barrel.

(video via the General Union)

Update: A subtitled version of the report can be found at Japan Probe.

Yomiuri article

小学英語、外国人の指導助手巡る問題山積

7月28日14時54分配信 読売新聞

２０１１年度から必修化される小学５、６年生の英語の授業について、文部科学省が全国の公立小学校約２万１０００校などを対象に調査を実施したところ、昨年度に小学校で実施された英語授業のうち７割近くで外国語指導助手（ＡＬＴ）が活用されていたことがわかった。

　生の英語を学ぶ機会が定着してきたことが浮き彫りになった形だが、一方では、簡単に授業を投げ出してしまうＡＬＴもいるなど、“質”の問題が浮かび上がっている。

「また辞めるのか」。７月中旬、埼玉県内の市教育委員会の担当者は、業者から米国人ＡＬＴが交代するとの電話連絡を受け、頭を抱えた。４月以降、辞めるのは３人目。１人目は「通勤時間が長い」と小学校に現れず、２人目と３人目は「一身上の都合」などを理由に、１学期の授業だけで、学校から消えた。２学期からは４人目が来る。担当者は「継続性が大事なのにこんなに交代するなんて。児童たちにも説明ができない」と困惑する。

　「人件費を切りつめるから辞めてしまうんだろう」と、埼玉県内のある学校長はうち明ける。この学校のＡＬＴ派遣を請け負った業者は、入札で、昨年の業者に比べてＡＬＴ１人あたり３１万円も安く落札した。

文部科学省によると、ＡＬＴを活用した小学校の授業のうち、国が仲介する「ＪＥＴプログラム」によるものが２５％で、残りは民間業者への委託など。

この市の場合、４０余りの小中学校にＡＬＴ約２０人を派遣する民間業者と契約を結んだが、校長は「風邪で半日休み、給与とボーナスを両方カットされたＡＬＴもいた。なりふり構わぬ業者が増えれば、教育の質は保てなくなる」と危機感を募らせた。

関係者によると、業者の新規参入が目立つようになったのは、小学校英語の必修化が打ち出された０６年ごろから。かつてはＪＥＴプログラムで採用したＡＬＴを自治体が直接雇用するのが主流だった。

しかし、自治体側はＡＬＴが住むアパートを契約したり、交代要員を確保したりしなければならない。民間業者に委託すれば、こうした手続きは不要になるため、業者を活用する自治体が徐々に増えてきた。

The Japan Times has a good summary of the issues surrounding the changes to the visa renewal process starting in April 2010. I blogged about this a while back, but the Japan Times column covers some of the implications of having to enroll in an insurance scheme in order for foreigners to renew their work visas.

Louis Carlet, deputy secretary of Nambu, laid it down for everyone in the room to understand. There are a few basic things that all foreigners in Japan have to know, he explained: first, that everyone over the age of 20 in Japan is required to enroll in an approved Japanese government health insurance scheme and pension fund. If you are under 75 and working at a company that employs more than five people, this most likely means the shakai hoken (social insurance) program; if you are unemployed, self-employed or retired, the equivalent system is the kokumin kenko hoken and kokumin nenkin (national health insurance and pension). The only people exempt are sailors, day laborers, and those working for companies employing less than five people, or for firms without a permanent address (e.g. a film set).

The two systems cover different ground, all of which is explained in detail at www.sia.go.jp/e/ehi.html. Roughly, shakai hoken consists of two parts: kenko hoken (health insurance), which covers 70 percent of your medical costs and 60 percent of lost wages due to illness, and kosei nenkin (pension insurance), which provides a pension after age 65 for those who have paid into the system. The two are inseparable, and anyone enrolled in shakai hoken through their employer automatically pays into both. The kokumin kenko hoken (national health insurance) and kokumin nenkin (national pension) package offers similar coverage but is not provided through an employer.

The bottom line is that all residents of Japan (except those mentioned above) have to be enrolled in one or other of the two systems. The revised visa laws, therefore, should pose no threat to anyone's visa renewal, because every foreigner in Japan should already be enrolled.

It has long been standard practice within eikaiwa to skirt enrollment of instructors by limiting the working hours in contracts. For example, the contracts Chris and I signed back in the day stated that we agreed to teach up to 28 hours of classes a week. The 28 hours is important because the law stipulates that companies must enroll employees in shakai hoken if the employees work 30 or more hours a week.

In 2005, NOVA brazenly changed working conditions by shortening lessons to 40 minutes and adding 2 minutes of "planning" on either side of each lesson. The net result was more unpaid free tie between classes and instructors working fewer than 30 hours per week. It was a move that supposedly saved NOVA at least ¥1 billion a year in insurance contribution payments.

Enrollment in social insurance is not without its drawbacks. Many would question the wisdom of having approximately ¥30,000 deducted from their paychecks every month, especially if they know they won't be living in Japan long enough to collect a pension. Moreover, if you've never paid into shakai hoken, you may wind up paying up to 2 years in back contributions.

That said, the benefits outweigh any initial pain. For one, you will be enrolled into a health and pension plan you are legally entitled to, and you'll avoid looking foolish like the people at the beginning of the article who didn’t know anything about social insurance in Japan or were dissuaded from joining it.

There is also recognition. Recognition that you are a full-fledged employee entitled to the same benefits as other Japanese workers. This could translate into better working conditions and improved job security. Most importantly, you are covered. No more worries about hospital visits and fewer worries about pension contributions. As the article points out, pension contributes can be refunded, but the maximum amount tops out at 3 year’s worth of contributions.

That doesn’t mean all is lost for long term residents, however. You need to check with your government and find out if it has a pension agreement with Japan. For example, Canada and the UK have them, meaning that contributions paid in Japan count toward your pension back home.

This is a positive development for workers, but it does make you wonder what took so long for this to become a reality.

When we last saw Berlitz, it was suing five of its instructors and two officials of the National Union of General Workers (NUGW) Tokyo Nambu for ¥110 million in damages each on the grounds that their strike was illegal and that the union was trying to damage the company.

A column in the Japan Times, however, notes that the court proceedings are going nowhere fast. Instead of pressing their case, Berlitz appears to have decided on a battle of attrition by waiting out its instructors.

Both sides appear prepared for a lengthy legal battle. After the first January court date for Berlitz's lawsuit, Ken Yoshida, one of the union's lawyers, said the company's legal team was "stalling," and that it would be a long, drawn-out court fight. So far, Yoshida's prediction seems to be proving accurate. Berlitz lawyers have been repeatedly late submitting the required documents for both their suit against striking teachers and the Labor Commission hearings. This leads to further delays because union lawyers don't have time to prepare a proper response.

According to Timothy Langley, a lawyer and president of Langley Enterprise K.K., a consultancy specializing in labor issues, such delays by company lawyers are "no big deal, the court is very lenient." He speculates that "it could be their litigation strategy."

"Who can survive this fight the longest? It isn't the employees," said Langley. "The company can survive this fight for a long time. It's one of the costs of doing business. The employees are doing it because it's their livelihood. It wears on the employees much more than on the company."

As the column notes, suing workers for an illegal strike is an attack on Article 28 of the Constitution, which guarantees the right to organize and to bargain and act collectively, and would have ramifications for industrial relations across Japan. Fortunately, the law is on the side of the instructors, and Berlitz's argument that the strike is illegal is very weak.

The second hearing in the suit lasted a matter of minutes. One judge complained that after reading the company's recently filed documents he still couldn't understand their reasoning for why the strike was illegal. He told Berlitz's lawyers to provide a concise and understandable summary of their arguments before the next hearing. Looking at the crowd of union supporters in the courtroom, the judge added that the summary was necessary not only to help him understand the company's position, but also for the benefit of all those coming to hear the case.

Campbell expressed disappointment at the latest delay. "It's the dragging-on that's very frustrating. They sued in December and you'd think they would have their evidence prepared. In this case they sued and then prepared their evidence. Not only that, but they took an enormous amount of time and still haven't finished it all."

Union rep Carlet added, "It's outrageous that the company has submitted almost nothing in terms of evidence that the strike is illegal. They haven't specified where the damages are coming from. All they did was sue, and they haven't come out with anything."

Since the article compares the case to "trench warfare," I expect there will a lot casualties once this battle is over. But this is something worth fighting for. If instructors don't stand up for their rights, they will forever be stomped on by their eikaiwa employers. That said, I wonder if Berlitz isn't shooting itself in the foot with this lawsuit. Berlitz claims that the instructors intended to harm the company, but when they decided to sue their own employees, they showed everyone for what they really are: a malicious, union-busting employer.

Great company to work for:

It has been 14 months since members of the Berlitz General Union Tokyo (Begunto) first downed chalk and launched rotating strikes against the language school Berlitz Japan.

The strike has grown into the longest and largest sustained strike by language teachers in Japan. While about 500 Nova teachers struck during that firm's collapse in 2007, the action only lasted a day.

The dispute entered a new phase on Dec. 3 when, after nearly a year of strike action by union members, Berlitz Japan served notice they were suing the five teachers who serve as volunteer Begunto executives, as well as two officials of the National Union of General Workers (NUGW) Tokyo Nambu: President Yujiro Hiraga and Louis Carlet, the deputy general secretary and case officer for Begunto. The suit also names NUGW Tokyo Nambu and its Begunto branch as defendants.

Claiming the strike is illegal and that the union is trying to damage the company, Berlitz Japan is suing for ¥110 million in damages from each defendant.

It's not as if Berlitz is hurting for money. Benesse, its parent corporation, made a profit of ¥384 billion in fiscal 2007. Last year was even better:

The financial health of Benesse Corp., Berlitz Japan's parent company, also influenced the timing of the strike. In their annual report for the financial year ending March 31, 2008, Benesse recorded their highest-ever earnings. Operating income grew 11.4 percent and Berlitz International Inc. achieved its best result since being bought by Benesse. Operating income for Benesse's language company division rose 36 percent from the year before to ¥6.35 billion, in part due to higher revenues and profits at Berlitz International, which benefited from "an increase in the number of lessons taken worldwide, particularly in Japan and Germany," according to the report.

How malicious is Berlitz? Despite record earnings, it has decided that suing a few teachers and the strike organizers is preferable to sitting down and negotiating. A company that sues it own workers for exercising their right to strike? That's a company you don't want to work for. Screw Berlitz.

Further reading

BEGUNTO - The Berlitz General Union Tokyo website

As parent firm posts record profits, Berlitz teachers strike back

Berlitz strike grows despite naysayers

BEGUNTO is on strike: Let's Japan forums

The October 26 edition of the Yomiuri Weekly carries an article that illustrates how much of a scam the travel abroad sector is--it's all about money, and the rules to protect consumers from being swindled are few and far between. The YW takes a look at why Gateway21's clients will never see the ¥950 million they paid the company.