What NOVA failed to mention was that they had no legal right to refuse the request, and that verbally attempting to dissuade the employee (without putting anything in writing, and thus having a record of it) is completely illegal. The reason given for the refusal was “no one can take paid leave on a Saturday.” This is not sufficent reason.

Thankfully, the NOVA employee understood that his rights were being violated, and, instead of giving in to NOVA’s intimidation, promptly took the issue up with the General Union.

On behalf of the NOVA employee, the General Union challenged NOVA over this transgression.

The General Union believes that the law is clear: that the employee has the right to use paid holidays as they wish; that NOVA had no justifiable reason to deny the request; that NOVA should immediately approve the paid holiday; and that teachers should not be forced into organizing their own “shift swaps”.

Perhaps having learned something from the recent story of even Prefectural Boards of Education knowing when to bluff and when to fold on labor issues (http://www.japancrush.com/2014/stories/teacher-in-trouble-for-attending-sons-school-entrance-ceremony.html), NOVA quickly backed down, and the General Union swiftly won the case.

Maybe those running NOVA should use their holidays and take time to study actual labor law before attempting to deny other people the right to use theirs.

Remember: your holidays are given to you by the Labor Standards Law (CHAPTER IV, Article 39) – not by your company. They are not a gift; they are yours to use as you see fit, and no one has the right to tell you otherwise.

Contact us if this has happened to you.