Draft only – never published. IR

Sep 29, 2009

As part of the General Union’s campaign to win GABA teachers the rights of employees, in 2008 we helped a teacher lodge a claim for unpaid leave at the Labor Standards Office (LSO). The LSO has recognized the right of the teacher to have paid leave – effectively recognizing the teacher as an employee. Though translated here as “administrative guidance” the Japanese is also translated as an order. In the Japanese xxxxx can have two meanings – 1) we have investigated and order you to pay. 2) we have investigated and believe you should pay. From the original letter it is impossible to determine what exact kind of order was given. No matter, if guidance or an order was given, GABA has refused to recognize the Labor Standards Office notice three times. The Labor Standards are left with 2 options – to sue for enforcement or drop the matter. And in what is sometimes the case, the Chuo LSO attempted to drop the case rather than see the rights of workers enforced. Since the LSO issued this letter to our member we have argued with them to keep the case open. With a ruling on our Labor Commission case against GABA due in the coming months, we expect that a positive ruling will give the LSO the impetusus to enforce their original order. In the meantime we will be keeping the pressure up on the LSO. If you are a GABA teacher and are interested in helping us push the issue further. Contact us on how to apply for leave from GABA and when it is refused we will guide you through taking the matter to a Labor Standards Office. (DELETE I THINK) June 17, 2009 To: Teacher A Re: GABA Corporation With regards to the above matter, received as a complaint at our office as of December 1, 2008, which we have been dealing with, we have given GABA Corp. administrative guidances in January 2009 and March 2009. We have just given them another administrative guidance on June 15, 2009, but regrettably, we see no hope for any further development towards settlement through administrative measures on this case. Therefore, with regards to this complaint, please be informed that we shall close the case with this (last) administrative guidance. Contact: Mr X, Labour Standard Officer Division 6, Chuo Labour Standard Office