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HAPPY 4TH of JULY and CANADA DAY! © Gregg © コミュニティー ライフスタイル ビジネス エンターテイメント VOL. 04 NO. 12 FREE JUN. 15 – JUL. 05 2007 ESTABLISHED 1970 BY CORKY ALEXANDER HAPPY 4TH OF JULY AND CANADA DAY! ©www.istockphoto.com/Lyle Gregg ©www.istockphoto.com/Lyle ALSO ONLINE AT WWW.WEEKENDERJAPAN.COM Nevins’ answer: T ___ F _X_ Are you aware of the truth and myths regarding human resources in Japan? Try your hand at TMT's Japan True or False Test. True or False Questions on Human Resource/Personnel Issues True or False – Installment #14 (May 18, 2007) (a continuing series as excerpted from the book) 43. It is possible to dehire someone quickly and at a reasonable cost, and never have to terminate or fire them. Executive Search Your reaction: T F 40. The Labor Standards Office can make employers hire back someone who is terminated. Personnel Policy Consulting Your reaction: T F __ 44. In termination litigation cases if you do and say things right, (or use a lawyer who is honest and has common sense), the judge welcomes and supports your offer to allow the person to stay at a much lower pay level. Rules of Employment — Set-ups and Your reaction: T F Adjustments/Staff Reduction and Cost Saving Nevinsʼ answer: T ___ F _X_ 45. The above #44 situation allows the judge to win a settlement for you at a reasonable severance cost. Programs/Problem Employee No. The LSO can only really make sure an employer follows guidelines set in the statutes or the Solutions/Compensation and Benefits Design Your reaction: T F companyʼs Rules of Employment (ROE). and Change/Union and Staff Relations The first couple of lines of Nevins’ answer are below. Continuing explanation is in the book. Nevinsʼ answer: T ___ F _X_ 43. Nevins’ answer: T F We know this is true, unless you have skipped the previous questions and answers. So much of this book’s content and even this true and false format Japan True or False is about how TMT has to help clients get people to sign a separation letter and leave, without terminating per se these unfortunate people. Some By Thomas J. Nevins, Founder/CEO, TMT Inc. attorneys might sniff, and call this ‘constructive dismissal’. Yes, if it works and gets results with no backlash, and no deep psychological scars or feelings of bitterness, it is very ‘constructive’! If not done properly, however, it is very destructive, and a risky and extremely difficult and unpleasant business. 41. If you fire an older person you could easily have a problem with an age discrimination suit in Japan. 44. Nevins’ answer: T F This has always been true, based on everything Tom Nevins has been involved with. His work almost never goes to court. More of the cases were Your reaction: T F __ already on stream and in court before he got involved. It is uncommon to find a judge who feels he is in a position to take a clear and decisive position. Usually it is an excruciatingly slow, indecisive process. The fulcrum of settlement, as opposed to a HANKETSU/decision, usually goes in favor of the more committed party—the party the judge knows won’t compromise and settle for anything less. 45. Nevins’ answer: T F Nevinsʼ answer: T F X This is true – but only in a comparative and unsettling sense. Unfortunately the results either the employer or employee can expect are all over the It is basically false, and it is surprising that Japan is so far behind the global standard on this. map, and depend on many factors. These include the personalities, and temperaments of all parties involved, including the judge. They depend ¥20,000, US$200, 180; which party is seen by the judge to be willing to compromise and settle, and in fact who does want to back off and settle. Of course, the merits and 2004, soft cover, 620p They have gradually been doing more with sex discrimination and equality. They are beginning to the circumstances of the case, the strength of the case of a given party, and perhaps hardship, company size, and ability to pay may have something to do with it. targeted at businesses, give guidance against age discrimination at point of hire, however, they continue to overwhelm- key points in Japanese How did you do? ingly pay people, and carry out staff reductions based on age. For further details and how to order books, please visit: www.tmt-aba.com TMT Inc. Ichiban-cho K.K. Bldg., 13-8 Ichiban-cho, Chiyoda-ku, Tokyo 102-0082 Tel. 03-3261-6471 Fax: 03-3221-0601 Email: [email protected] 42. If someoneʼs contract says they are paid at a certain level, the employer must continue to pay at that level. Your reaction: T F __ Nevins answer: T F X Unfortunately we have to say false, and that is because it is so difficult to fire people in this coun- try. It might make more sense to be able to de-hire someone rather than reduce their pay, but if a person is fighting the termination, unfortunately you are better off thinking pay reduction com- bined with a safety net severance package. Of course, contracts are contracts, and they should be honored as much as possible. THINGS TO DO VOL.04 NO.12 FREE JUN. 15 – JUL. 05 2007 04 Feature: Celebrating North America’s National Days Saturday, Jun 16 Saturday, Jun 23 Saturday, Jun 30 Things to do in Tokyo for Independence and Canada Day Last day to enjoy the Sanno Matsuri Attend the Orchestra Italiana Na- Hula to aloha at the Shinagawa 06 Movie Plus and Review parade, one of the top three festivals poletana, conducted by Sandro Prince Hotel’s Hawaii Night. This The Pirates are in town in Japan. Hie Shrine, Nagatacho. Tel. Cuturello at the Green Hall, Tokyo. elegant Discover Aloha event starts 07 Music 03-3581-2471. www.hiejinja.net ¥5,500. Tel. 03-3943-9999. at 6:30pm. Tel. 045-770-6115. American music in Tokyo www.lanicreates.com 08 Fine Dining: The American Taste New Yorks hot spot: per se and Tokyo Midtown hot dogs 09 Travel: New Foundland Sunday, Jun 17 Sunday, Jun 24 Sunday, Jul 1 Exploring Canada in a two door coupe Support Amnesty International at Enjoy contemporary art at Chung Scour for a hidden treasure at the 10 Investments the International Rock for Human Tai Fu’s Dreams and Visions ex- Oedo Antique Fair Japan’s largest Make your US tax filing system easier Rights benefit concert. At What the hibit today at the Asian Collection. antique fair. 8am–4:30pm. Tokyo 11 America’s Chambers Dickens, ¥1000, tel. 03-3780-2099 www.theasiancollection.com International Forum. Tel. 03-5805- The CCCJ and ACCJ www.aig78.org 1093. www.antique-market.jp 12 School’s In A decade of PAL International School 13 School’s Out Monday, Jun 18 Monday, Jun 25 Monday, Jul 2 American Club Idol 2 Grove with 70’s disco legend Nile Take in 100 Views of Shuji Wako’s Get your dancing shoes on for the 14 Sports Rodgers and Chic at Blue Note To- woodblock prints at the Tolman Best of Tango at Tokyo Kokusai Fo- Where to watch and play North American sports in Tokyo kyo, Aoyama. ¥8,400. Collection, June 9–30. Tel. 03-3434- rum. Worldwide performers and La- Tel. 03-5485-0088. 1300, www.tolmantokyo.com. tino glamour, ¥5,000–¥6,000. 15 Partyline Tel. 03-3943-9999. Australian Airlines, Brunei, Estonian and Irish celebrations 17 Tokyo Flashback Gwen Stefani 18 Crossword Tuesday, Jun 19 Tuesday, Jun 26 Tuesday, Jul 3 ••• Experience Taarab! The Music of Explore the hidden mental states Bop with the harmonizing vocals of Zanziba. A rare chance to see music behind Marlene Dumas’ paintings the The Platters, a doo wop group his issue of Weekender celebrates two impor- from Tanzania at C.C. Lemon Hall, at her exhibition, Broken White. from LA. ¥7,350. Cotton Club, tant holidays for North American expats— T Shibuya. Tel. 03-3463-3022. www.mot-art-museum.jp Marunouchi. Tel. 03-3215-1555. Canada Day on July 1, with Independence Day following close behind on July 4. In this issue, we discuss all things US and Canada—find out how to celebrate about town in our feature, note the International-school talent competing to be Wednesday, Jun 20 Wednesday, Jun 27 Wednesday, Jul 4 the next TAC Idol, learn how to make your US Jump into a night at the theater for a Find out the latest from Tokyo’s Get your cultural fix with a tax filing easier, and read about a restaurant so Korean blend of comedy and martial design and architectural world. shamisen performance by Takeha- posh that confirmed reservations have even arts at Shinjuku’s Theater Apple. 03- ¥1,000, Pecha Kucha, SuperDeluxe, ru Kunimoto, ¥5,000. Parco Gekijo, found their way into one New Yorker’s will! 3234-9999 Tel. 03-5412-0515. Shibuya. Tel. 03-3477-5858. Even if, like me, you aren’t from North America, www.super-deluxe.com I hope this issue is fun and entertaining—just like these summer time holidays should be! Thursday, Jun 21 Thursday, Jun 28 Thursday, Jul 5 Helen Bottomley, Laugh at Les Ballets Trockadero de Marshal art madness kicks off at the See The Iceman Cometh, this Broad- Managing Editor Monte Carlo, award winning come- opening night of the K-1 World Max way hit comes to the New National ••• dic ballet performance, at various 2007 from 6pm.
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