Job Discussion Forums

[mcsilks]

So after serving nine one-year contracts, my school has said they are not renewing me for the tenth citing the reason that 'under Japanese law, I would then be permanent staff'.

To say that I am unhappy with this is an understatement, as I have sweat blood and tears in my time there. I was also told that this ruling occurred after 6 years, not the 10 as they are stating.

From a legal standpoint, can they do this?

I also have been paying into the private schools pension scheme and after 9 years, this stand around the ¥4M mark. I am concerned I will lose the majority or even all of this. I was previously told that you had to pay into the scheme for 10 years before you could take the pension with you.


Any advice would be most welcome.

[marley'sghost]

Jesus, that sucks is an understatement. Just a heads up all, we are going to see a lot of this in 2018.
http://www.japantimes.co.jp/community/2016/11/27/issues/five-year-rule-triggers-tohoku-college-massacre-jobs/#.WECxUVxoBsk

As far as not renewing you, I think you are stuck. Talk to the union and the labor board. Talk to a lawyer if you have the cash, but don't count on anything coming to it. The "5 year rule" went on the books officially in 2013. Ironically, it made our jobs less secure.
At this point, I'd be worried about this pension you mentioned. Can you tell us more about it?

[scrying]

You don't need to be talking to us, honestly, you need to be talking to a lawyer and a union. Google up the General Union and get in touch with your local labor board. Sooner rather than later. Don't sign anything, don't agree to anything that your school says until you have done this. Do it now. Not later.

[mitsui]

Just work at another school next year and pay into the pension system. at least ten years is needed now. It used to be 25, but no more.

Join a union now. I think you can get paid a severance, or at least you have to fight for it, but after all these years, the small claims court would be sympathetic.

[mcsilks]

Thanks for the advice.

I have spent time with two lawyers, both of whom say that I have a very good case despite the 5-year law. The main reasons being:

1. When you sign a year-to-year contract, you are not supposed to be making any decisions of a managerial nature i.e interviewing, hiring, management meetings and so on.

2. My position required me to work considerably longer hours than the other native teachers. For the last three years, I was working an average of 40 hours a month longer than my contracted hours.

3. The contracts that started from April were often not distributed until May or June.

4. I was actually asked by a person in a position of some responsibility whether I would consider changing my role within the school to teach IB classes as a 'reward for my loyalty to the school'. I said 'yes', and I was booked in for training courses.
The above was offered to me only 5 weeks before the school informed me they would not be renewing my contract.

5. I was also asked by the vice-principal if I would consider a HOD role which would mean more responsibility and a considerable salary rise.

6. The Headmaster of the school (no longer with the school) referred to me on countless occasions as 'key personnel' and saw me as the head and shoulders best performing native teacher. Seen as the native staff member that 'sets the standards' for the rest to follow.

7. No sick time for 7 years compared with an average of 6 days each for the rest of the department and never once late for work. Exemplary.


I have all of the above in writing.

I cannot afford lawyers but will take this to the labor office and see what they recommend if anything.


Thanks again.

[mitsui]

You can afford a lawyer as you can get severance.

[mcsilks]

[mitsui]

I have talked to a union member about such a situation.
You could win the case, so get a lawyer.

Your situation sounds familiar. Do you work in west Tokyo (Machida)?

[mcsilks]

[taikibansei]

First, very sorry to hear about your issues. This must be a difficult time. You and yours are in my thoughts.

As to what you can do, my first reaction would be to go down to the Roudou Kyoku (and the Roudou Kijun Kyoku and the Roudou Iinkai) tomorrow with as much evidence as you can muster and ask for them to intervene. If you are not fluent in Japanese, I would bring somebody who is--preferably somebody Japanese. I recommend this course because 1) it is free, 2) they will give you honest feedback on whether you have a case, and 3) assuming you convince them to act, they will act very aggressively for you.

Bring ALL the written evidence you have, including copies of all contracts. You/your Japanese companion should also emphasize that you are a tax-paying resident with (if applicable) JAPANESE DEPENDENTS. Your goal will be to get one of these agencies to act aggressively on your behalf. Again, if and when they take on your case, they will do it for free.

Whether you go to the Roudou Kyoku, Roudou Kijun Kyoku or the Roudou Iinkai, they will most likely tell you to go somewhere else as they "can't help you there at this stage." (I think they do this to ensure that you're really serious....) Follow their directions and go to the place they tell you. Then, tell the new place that you've been to the other place(s) and were then TOLD TO COME TO THE NEW PLACE.　Assuming you have the written evidence you mention, I think you should be fine.

Basically, the new place will listen to your story and if all goes well, will likely agree to file a "jogen" (助言) with the school. This will be the first step, to be followed by something called an "assen" (斡旋)--i.e., a request for arbitration/moderated negotiations. Eventually, it may end up in court as well...assuming you/the school wants to go that far. (Schools will usually cave at the "assen" stage.)

Finally, are you in one of the national unions? If so, have you contacted them too? (Do NOT tell the Roudou Kyoku, Roudou Kijun Kyoku or the Roudou Iinkai that you have contacted your union, as their reaction will be to drop your case.) If you are not a union member already...it is probably too late to join and receive assistance.

Good luck.

[taikibansei]