Beware: ECC proposing flawed changes

May 22, 2013


Alarm bells ring The General Union is extremely concerned that these changes were made without proper consultation with the parties involved and will be dealing with these issues over the coming months.


Contract Renewal Guidelines and Job Security Without consulting with either the union or teachers, ECC management unilaterally introduced the following changes to contract renewal guidelines.


・Contracts will be renewed based on the workload as assigned to the Employee at the time of contract expiration.

・Renewal will be determined based on the work performance and demeanor of Employee.

・Renewal will be determined based on the competency of Employee.

・Renewal will be determined based on an assessment of ECC`s business performance.

・Renewal will be determined based on the progression of the work in which the Employee is engaged.


In response to union demands for job security, the company stated, “Teachers are always renewed except in extreme circumstances, thus job security is a non-issue.” So why the new contract renewal guidelines? We will continue to pursue job security for teachers, and in the next round of collective bargaining will be negotiating for a CLEAR collective agreement over contract renewals.


Changes to the Work Code The General Union is highly suspicious of the procedures taken by ECC management to register changes to the work code at the Labour Standards Inspection Office.

The law is on our side: Act on Improvement of Employment Management for Part-Time Workers (article7): When a business operator intends to prepare or amend the rules of employment with regard to the matters pertaining to Part-Time Workers, he/she shall endeavour to hear opinions from a person or persons who is/are found to represent a majority of the Part-Time Workers employed at said place of business. (source: The Japan Institute for Labour Policy and Training) This act applies to both full and part time teachers. The opinion of full time and part time teachers working only in schools was not sought.

The General Union is also not aware of any attempts made by ECC to hear the opinion of teachers working only in schools.

Labour Standards Act (article 90): In drawing up or changing the rules of employment, the employer shall ask the opinion of either a labour union organised by a majority of the workers at the workplace concerned (in the case that such labour union is organised), or a person representing a majority of the workers (in the case that such labour union is not organised). (2) In submitting the rules of employment pursuant to the provisions of the preceding Article, the employer shall attach a document setting forth the opinion set forth in the preceding paragraph. (source: The Japan Institute for Labour Policy and Training)

An employer cannot conduct the election and the election must be held in a democratic fashion. Teachers working at schools were not informed of the following:

a) A workplace representative election committee being formed.

b) A workplace representative election being called.

c) The deadline for nominations as the workplace representative.

d) Voting procedures for a workplace representative election.

e) The date/or period of the workplace representative election.

f) The winner of the workplace representative election.

The union will pursue these unilateral and undemocratic changes. We demand that all changes to the work code be withdrawn and proper democratic and legal procedures are followed before any changes are made to our working conditions. 


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