Job Discussion Forums

[eiyosus]

Just got some bad news today, so this post is gonna be a bit "cold," if you know what I mean.

I've had the same job for the last five and a half years, which is working at a private high school. I was just told today that they wouldn't hire me next year because "I'm not putting in enough effort." My first three contracts stated that I had 20 personal days I could take off, but the contracts for the last two years haven't even said anything about personal days.

Last year I took a lot of days off because my three-year-old son was often sick and my wife just started a new job, so she couldn't take any time off. Unfortunately I went over my days by one, and I was reprimanded for it and apologized.

At the beginning of this year, I was told I would be watched to see if I would get hired next year, but wasn't given any sort of criteria of what that actually meant. I assumed it meant that as long as I didn't miss more than 20 days, I would be fine.

I've missed five days of normal class this year, plus a few more during days when there haven't been any students at school. This is the same way it's always been. They've always been pretty easy going about me taking time off during days when there aren't any classes.

I told them that I wasn't aware of what criteria I was being evaluated on, and that my contract doesn't say anything about personal days. I also made it known that I stay late after school almost every day for club activities, and don't shirk any of my duties, and came to work sick last week because I didn't want to miss class. This is the same school that employs a woman who's schizophrenic and doesn't do anything but surf the internet all day.

I don't know what the legalities are, but I've heard of some law that states that after working for a company for five years, you must be made a long-time employee (which I wasn't. Just a yearly contract again this year). I've also heard that a company cannot fire an employee without a very big reason. I've just gone over my contract, and there's nothing I've broken in it, nor have I ever caused any sort of problem at school other than missing too many days last year.

I feel like telling them to just write down an arbitrary number of days they don't want me to miss. I mean, the last teacher told me I had twenty personal days, and my contract said this until they removed any reference to it. They told me, and I quote "Your contract doesn't have a set number of personal days, but we feel like you've missed too much." Jeez, all they needed to tell me at the beginning of the year was "If you miss five days of class, you're not working here next year."

I have no idea what sort of legal action I can take, if any, nor if I even have a case. I live in Kobe, and I've heard about a company that works on foreign cases like mine (my friend had to do it a while ago), but Google isn't giving me any results.

I'm thinking about requesting another meeting with the principal, now that I'm not so blind-sided by this, but maybe it's completely in their right not to hire me, since I'm only working on a year-by-year basis. But I'm not sure what to do at the moment.

Any advice would be GREATLY appreciated (thanks for reading this far)!

[mitsui]

They can get rid of you if they want but I think you have a case.
You will need a good lawyer.
Probably a bilingual one. Lawyers aren`t cheap.

Probably they just want to hire someone new since they can pay less.

The new law states that after five years, companies should hire workers.
So you have a case.

You could contact the Kobe branch of the Hyogo Labor Board.

I was let go after eight years as a secondary school teacher. I did not sue since my wife told me that if I lose the case then I would have to pay.
Back then (2009) there were no laws to protect me but now there is.

You can get up to 20 personal days a year, but it depends on how long you have been there. I used to take mine when class wasn`t in session, but of course anyone can get sick.

[mitsui]

You should look up the Nambu Osaka branch.
Join their union.

[rtm]

[eiyosus]

Thanks for the help so far, everyone. I've emailed the general labour union to see what they have to say.

I plan on pleading my case tomorrow in a very non-accusing and cooperative tone, but I'll certainly bring up the fact that I haven't broken my contract. I won't bring up any legal stuff for the time being.

Any more advice is certainly welcome. I'll update as things progress.

[Inflames]

Before the new law, companies had a high burden to prove to not renew someone after their third year (the idea being that if you were a bad employee, they would have let you go earlier). The new law basically says that, if you've been employed somewhere for 5 years, you have the right to be employed as a seishain (as others have stated, the clock started April 1st). They can't renew you for any reason and they couldn't before - companies have lost court cases on this (if you need proof, search for Nova and Kara Harris). Moreover, if they want to non-renew you they have to actually show they tried to remedy the situation (for example, they told you your lessons were bad and made suggestions).

I would figure that the second the OP brings in a lawyer the school will offer to cough up some money - personally, I'd take it and run (but I'm not married with a kid)

[mitsui]

At best, you could get some money.
At worst, you have to pay if you lose a suit.

Once they want you out, are you sure you want to stay?
I guess it depends if you could find a better job.

[Pitarou]

On the face of it, you have a case. Three things count in your favour:

1. It sounds like the rehiring process is just a matter of, "Okay. We'll keep you on for another year."

2. You've been there for more than 5 years.

3. The school is private. (The government doesn't extend the same level of protection to its own temp staff.)

I guess your first move should be to go to the Labour Standards Bureau. That's the limit of my knowledge.

[eiyosus]

Thanks again for the replies. I had a meeting today with the principal, and this time with the head of the English department present and translating.

I pled my case, but to no avail. They kept switching the reasons between me missing too many days, and that "six years is enough, and it's time to get a new face," but mostly because I missed too many days. The principal told me that he doesn't think he should have to tell people of how many days they can miss.

I cited specific examples of how I improved when prompted, and showed them my big pile of English letters the students have written to me throughout the years, but it didn't matter. There was more back and forth which I won't get into since I doubt any of you guys are interested in hearing it.

The reason why I want to keep this job is because it's the best paying job I can get with my current certifications (and I like it, of course. I wouldn't have put in all the extra hours if I didn't like it).

I'm having a meeting on Monday with the General Labor Union, so we'll see what they have to say.

The only good thing out of this is that the English staff is as shocked as I am, and is in complete disagreement.

Thanks again.

[Jagariko]

[Jagariko]

As an update: I was offered a one day a week job just this week by a private student who works as a high school teacher. She said the school are keen to replace the current teacher. He wants to stay (the money is pretty good) but the school thinks "he's worked there for five years. It's time for someone new."

I bit my tongue (private student and all that) so didn't ask whether the Japanese staff get considered old hat after five years as well.

[ssjup81]

I'm rather curious if that applies to the Japanese too. Not comparable, but when I visited the old school I worked for three years ago, most were gone, including the principal and the vice principal.

I work at an Eikaiwa now and one of the students is a teacher. She mentioned how after a while the teachers are usually changed and replaced after so much time...to have a new face. Being from the US, and I'm sure the same goes for many other places, it was surprising since the teachers usually stay there permanently. I'm sure I can visit my old high school and find some of my old teachers, unless they retired of passed away (like my high school English/Journalism teacher who was one of the most inspiring teachers I ever had, so I was disappointed when visiting and hearing that news about 10 years ago). Even when working at my former middle school a few years ago, I saw teachers that were around when I was a student there about 14 - 16 years earlier, who'd also been there even before I was born. Hm, even my mother ended up with two of her mother's old elementary school teachers because she went to the same school as her mother did. Her younger sisters didn't get them, though since they were getting older and retired.

I find this new face concept a strange, and unnecessary, one.

[mitsui]

Exactly, why this country seems to be more suited for the single or teachers who are not so serious.
So if you want to stay, fight and join a union or just capitualate to the reality of your surrounding.
Or just get ready for your exit.

[rtm]

[Jagariko]

I'm rather curious if that applies to the Japanese too.

It does but in a different way: teachers who teach one subject to all ages (art, music, P.E.) usually stay. Some who have been teaching junior high for several years may then be moved to senior high and vice-versa. Head teachers who have done well may be relocated to another school to sort out problems. Heads who have been under-performing will be punished by being sent to a notorious school - counter-intuitive but there you go!

Japanese teachers who have been performing well and haven't rocked the boat in any way will not find themselves out of work purely because a "new face" is required.

Most foreign teachers don't speak Japanese well enough to become a homeroom teacher. Most wouldn't want to anyway as it is a thankless job. Therefore, they are considered disposable. However, as well as being a convenient way to get rid of dead wood, the "new face" argument is also just applied whimsically.