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Railroaded: Contract Re-newal denied
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dudelebow



Joined: 01 Feb 2006
Posts: 42

PostPosted: Fri Mar 03, 2006 11:39 pm    Post subject: The March in March Reply with quote

Thank you, I will certainly be there.....
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dudelebow



Joined: 01 Feb 2006
Posts: 42

PostPosted: Mon Mar 06, 2006 7:46 am    Post subject: getting a reason for non-renewal and the march Reply with quote

i went on this march, and boy was i glad i did. very inspiring.
some companies (like mine) think they are not doing anything wrong by simply not renewing contracts. but when they can easily use false and trumped up reasons against you, there is nothing we can do to protect ourselves from that. we need better job security to avoid this. there needs to be standards and procedures for foreigners by law to prevent mishandling and railroading.

More than 90% of foreign workers in Japan are hired on fixed-term contracts, leaving them vunerable to dismissal or non-renewal. This year, we marched in Tokyo to demand a stable work environment, free from illegal dismissals, unpaid wages, or discrimination.

Thank you Nambu for making some noise.
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shuize



Joined: 04 Sep 2004
Posts: 1270

PostPosted: Mon Mar 06, 2006 9:06 am    Post subject: Reply with quote

Quote:
More than 90% of foreign workers in Japan are hired on fixed-term contracts, leaving them vunerable to dismissal or non-renewal. This year, we marched in Tokyo to demand a stable work environment, free from illegal dismissals, unpaid wages, or discrimination.

Let me guess. We can all look forward to an end to those fixed term contracts any day now, right?
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dudelebow



Joined: 01 Feb 2006
Posts: 42

PostPosted: Mon Mar 06, 2006 4:34 pm    Post subject: Reply with quote

Shuize, that was quite the sardonic reply. Well, if such a comment had to be dignified, i'd say i don't think anyone is seeking an end to fixed-term contracts. just seeking fairness, equality, and professional standards for all people working and contributing to Japan.
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[email protected]



Joined: 22 Apr 2004
Posts: 67

PostPosted: Tue Mar 07, 2006 10:52 am    Post subject: Reply with quote

Funny I thought that fixed term contracts were what they say- fixed terms. Why do people think a one year contract can be automatically renewed because an employee wants it to be renewed? That's why it has a one year fixed term.

Job security should come from doing a good job. Laws making it difficult to remove people after a fixed period of time only contribute to decreased productivity. Square pegs stay in round holes. Bad teachers stay on as bad teachers, aided and abetted by unions who care only for their members and nothing else- certainly not quality of education.

Good teachers now lose their jobs after three years to get around the 3 year law. If employers could be sure that they could fire a teacher if he ended up going sideways in the future, they would keep more of them on. A friend of mine owns an eikawa and he NEVER keeps a teacher on more than 3 years, regardless of how good the teacher is, because he cannot be removed for almost any reason.

Get rid of the job security laws and there will be more job security.
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Tue Mar 07, 2006 12:25 pm    Post subject: Reply with quote

So why is it OK to have a permanant Japanese national as an employee but never a foreigner? Why aren't Japanese on fixed-term contracts? Why only us? That's what chafes me!

It's the inequality between foreigners and Japanese nationals that causes problems. We do good work but get rewarded with dismissals without cause. Also, in other countries there may be a probation period, but once that's up you don't have to worry about losing your job every year, barring cutbacks or layoffs.
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womblingfree



Joined: 04 Mar 2006
Posts: 826

PostPosted: Wed Mar 08, 2006 1:47 am    Post subject: Reply with quote

dudelebow wrote:
Can anyone recommend a place in the greater tokyo area to get legal advice about my options? I'm afraid my situation is going to get messy and it would be nice to have counsel. It looks like I just might march on the 5th afterall.


You can ask the G.U. for advice, if your company paid lost job insurance you can claim benefit. I know Aeon used to pay it, although they never tell anyone. You need your rishoku-hyo to claim.

Best thing to do is find another job, plenty out there that will have better returns than a corporate eikaiwa. Even a couple of long term part-time contracts could pay as much as you earn now.
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shuize



Joined: 04 Sep 2004
Posts: 1270

PostPosted: Wed Mar 08, 2006 2:23 am    Post subject: Reply with quote

This probably won't be a popular opinion, but I wonder if the fixed term contracts don't make it easier for more foreigners to get employment. I agree that it would bite to have to look for a job every three years. But as posted above, if managers really thought they might be stuck with a crappy employee forever, my guess is that there'd be a lot fewer job offers made for foreign staff.

As for the question of why Japanese aren't treated the same, consider all the "arubaito" or "pa-to" positions (basically the backbone of the Japanese economy). Those folks don't have much in the way of job security either. In general, and especially when considering the conversation schools, English language teaching in Japan is very similar to those sort of jobs.

But I think my point above holds true for Japanese part-time staff as well. In a way, it's sort of a trade-off between job security for a few vs. employment for many. The best solution is for the employee to make himself so valuabe or do such an excellent job that the employer is so worried about losing him that they offer a permanent position.
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dudelebow



Joined: 01 Feb 2006
Posts: 42

PostPosted: Wed Mar 08, 2006 3:30 am    Post subject: Reply with quote

Shuize, point understood. But take just for example the cultural miscommunications and misunderstandings that can naturally occur between foreigner and japanese or anybody at the work place. many of these contract employees do an excellent job and bend their back for their company and their perm staff. but what happens when a personal issue or matter affects a working relationship in the office? the contract worker is vulnerable and at the mercy of the perm staff who maintains their job security (often times just because they are japanese). its unfair that we don't have enforced policies or standardized procedures to protect contract/foreigner employees and help them to continue their work and avoid ridiculous situations like mine.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Mon Mar 27, 2006 8:44 am    Post subject: Reply with quote

[email protected] wrote:
Good teachers now lose their jobs after three years to get around the 3 year law. If employers could be sure that they could fire a teacher if he ended up going sideways in the future, they would keep more of them on. A friend of mine owns an eikawa and he NEVER keeps a teacher on more than 3 years, regardless of how good the teacher is, because he cannot be removed for almost any reason.

Get rid of the job security laws and there will be more job security.


There is no 3 year law, Gimp. It's a myth. If your friend is firing good teachers after 3 years, it's only time before he gets sued for illegal dismissal.
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Jazz1975



Joined: 14 Feb 2006
Posts: 301
Location: Zama, Kanagawa

PostPosted: Mon Mar 27, 2006 9:23 am    Post subject: Reply with quote

yamanote senbei wrote:
There is no 3 year law, Gimp. It's a myth. If your friend is firing good teachers after 3 years, it's only time before he gets sued for illegal dismissal.


Really? That's news to me. I'm not in Japan yet, but I've been reading incessantly about this 3 year law. Interesting.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Mon Mar 27, 2006 9:48 am    Post subject: Reply with quote

Jazz1975 wrote:
yamanote senbei wrote:
There is no 3 year law, Gimp. It's a myth. If your friend is firing good teachers after 3 years, it's only time before he gets sued for illegal dismissal.


Really? That's news to me. I'm not in Japan yet, but I've been reading incessantly about this 3 year law. Interesting.


here's a primer on the Worker Dispatch law

http://www.jil.go.jp/bulletin/year/1999/vol38-09/06.htm


With the 3-year law I wonder if posters are talking about the same thing?

If you work for a dispatch company and are sent to a client school such as an elementary school a BOE must hire you directly after three years or after two yearly contract renewals, rather than through the dispatch agency. They would rather fire you than have you go and work for the BOE.

Conversation schools can hire their own teachers indefinitely and its up to schools to decide to renew contracts. After three years you are considered a permanent employee, its harder to fire you , but i believe not impossible.
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Wed Mar 29, 2006 3:11 pm    Post subject: Reply with quote

It's harder to fire someone after the first contract renewal (one year). The three year rule, as mentioned above, prohibits BoE's from hiring the same teacher from the same dispatch company for more than three years. It has nothing to do with eikaiwa.
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Jazz1975



Joined: 14 Feb 2006
Posts: 301
Location: Zama, Kanagawa

PostPosted: Wed Mar 29, 2006 4:57 pm    Post subject: Reply with quote

stillnosheep wrote:
It's harder to fire someone after the first contract renewal (one year). The three year rule, as mentioned above, prohibits BoE's from hiring the same teacher from the same dispatch company for more than three years. It has nothing to do with eikaiwa.


Thanks for clarifying Smile .
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Wed Mar 29, 2006 7:31 pm    Post subject: Reply with quote

shuize wrote:
This probably won't be a popular opinion, but I wonder if the fixed term contracts don't make it easier for more foreigners to get employment. I agree that it would bite to have to look for a job every three years. But as posted above, if managers really thought they might be stuck with a crappy employee forever, my guess is that there'd be a lot fewer job offers made for foreign staff.

Foreigners are employed in Japan because employers can make money by employing them. Eg to meet the demand for native English speakers.

So called 'crappy' employees can be dismissed within the probation period in Japan as they can be anywhere else. After that employees who are not up to their job can be dismissed in Japan just as anywhere else as long as the company are prepared to back up their decision, if it is challenged, at the local Labour board, just as is the case anywhere else in the developed world.

The eikaiwa like fixed term contracts because they prefer pliable young employees fresh off of the plane to experienced teachers who can speak a little Japanese and have some idea of their legal rights, or at least of where to find out what those rights are.
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