Labor laws in regards to termination of employment

[Revenant]

We work for the Municipal Board of Education, and we're just part-time workers (it's cheaper to hire three part-timers than one full-timer cause they don't need to pay for our insurance and stuff), we've been working there over three years. We were told that we would lose our jobs next year, and our guess is that they'll outsource those jobs to Interac or something (since the gov't is making it mandatory that Elementary schools teach English from grade 5 up). The other two teachers heard that since we've been employed for more than three years, that they can't just dismiss us without good reason. Does anyone know how that works? They want to take this before the mayor of the city in an attempt to keep our jobs.

Personally, I don't think there's anything we can do, and I believe that our employers know what they're doing in regards to the law. It's all a bit troublesome finding part-time work to replace the lost income, but somehow I'd rather not attempt to take this before the mayor, especially with the two other guys, one of them wanting to submit a 'tactful' letter calling our immediate bosses sinister for bringing us one by one rather than all of us together to talk about our schedules and stuff.

I'd rather be able to just tell the other guys it's a lost cause and the reasons why it is... which it probably is.

 

[FrustratedDave]

How many hours a week do you all work a week? Are you being payed benifits? Are you on contract?

Oh, and I don't need to the above answers to know that your friends will have as much chance of getting the Mayor to see your case as much as hell will freeze over.

Seriously, are they kidding themselves or are they just so into themselves they think that everyone will take notice and listen?

 

[Revenant]

We're getting about 11 hours a week, no benefits.

The contract is for 4 lesson days 60 times.

I think I'm going to just tell them I'd rather not be involved in the whole let's take it to the mayor thing. I hear that since it'll be an actual subject in school, that the students will be graded, and most native speakers of English can't do that. My guess is that with the city I'm working for being deeply in debt, they're looking for ways to cut expenses. They might bring ALTs from the junior-high and high schools very occasionally to the elementary schools.

 

[japanat]

If you really want to keep working at those schools, then just go see Interac, because you guys don't have tenure, and as contractual employees, you can be fired without cause. One of my friends' job was outsourced to Interac, he got a job with them, and they sent him right back to the school he came from (it's easier than training up someone new).

 

[Glenski]

I don't know if that applies to PT ALTs or not. Here's some union info
http://fukuoka.generalunion.org/alt/index.html

I suggest that even if you don't want to face the mayor, that you or the others at least check with the union on details on this matter. The link above says:

DISPATCH CONTRACT
A dispatch contract (派遣契約 haken keiyaku) is a special type of contract meant for dispatch companies to send workers out to work for companies. The dispatch company makes a DISPATCH contract with the BOE, and then the dispatch contract employs the ALT with a DISPATCH CONTRACT. In this case the BOE does have the authority to tell the ALT what to do/teach and where to go. The big advantage of a dispatch contract is that if the dispatchee (ALT) has worked at the company (BOE/school) for a certain period of time (1-3 years) the ALT has the right to demand full time （正規 seiki） employment and the company (BOE) must grant the full time direct contract of employment. The ALT or Union can negotiate with the BOE.

...but it doesn't mention PT workers.

According to this 2009 union newsletter, too:
http://www.generalunion.org/voice/winter2009.pdf
(for haken style dispatch)

The dispatch company controls the
employment, but the school
controls the actual work done.
The school also has a duty to
make sure that all relevant labour
laws are being followed and may
have a duty to enter into collective
bargaining with a union.
This type of dispatch can not go
on forever (unless in the case of
seasonal work). There is basically
a three year limit set before the
school must start hiring directly, or
stop having any ALTs.

 

[japanat]

But it doesn't sound like they are a dispatch. They work directly for the BOE. So that rule probably doesn't apply. Interac would be the dispatch company.

 

[FrustratedDave]

I don't know if that applies to PT ALTs or not. Here's some union info
http://fukuoka.generalunion.org/alt/index.html

I suggest that even if you don't want to face the mayor, that you or the others at least check with the union on details on this matter. The link above says:
...but it doesn't mention PT workers.

According to this 2009 union newsletter, too:
http://www.generalunion.org/voice/winter2009.pdf
(for haken style dispatch)

From the site you linked to , Fukuoka General Union - Labour Standards Law

# Can my employer not renew my contract without offering me any reasons?

Sadly enough, the issue of contract non-renewal is not dealt with in the Labour Standards Law. Once again we would advise that any worker in this situation call the union immediately and not sign anything from the employer.

Civil Law does deal with this issue but the only way to use this law for an individual is to sue the employer. Past civil rulings have said that a one year contract worker who has been renewed several times should be treated like a worker on an unlimited term contract and therefore an employer must have proper reasons for dismissal (non-renewal). In the past the Fukuoka General Union has been able to deal with this issue inside and outside of courts especially against companies who use non-renewal to fire union members for union activity.

The same with firings; if you're told that your contract is not being renewed, try to get the company to give you reasons (they don't have a legal obligation to give you any) and tell the company that you don't accept this and are willing to work at any time (see the question on firings)

The unions can ***** and moan all they like how it is illegal to for a JET to give a Haken worker direction before , during or after class is just plain false, the law states.

労働者派遣法第2条一号
『労働者派遣 自己の雇用する労働者を、当該雇用関係の下に、かつ、他人の指揮命令を受けて、当該他人のために労働に従事させることをいい、当該他人に対し当該労働者を当該他人に雇用させることを約してするものを含まないものとする。』

Which basically means the company where the Haken worker is working can be given directions and be told what to do by that company , but the company where the Haken worker is working is not considered the employer, the Haken company is. No where in the law does it say that you can't give a haken worker directions or orders and that goes for any kind of assistants as well.

And for that matter it is not against the law for schools to hire Haken workers. That web page is twisting the law around so much it is no longer recognisable. Notice how they don't show any links to where the law actually states what they are saying. Convenient?

Bottom line is , they don't have a leg to stand on as they are part time workers and are obviously not workeing the required hours to receive Shakaihoken. Once their contract is up they are gone, as the school is giving them ample notice as the law states in the english link posted above.

 

[Glenski]

Bottom line is , they don't have a leg to stand on as they are part time workers and are obviously not workeing the required hours to receive Shakaihoken.

This is a myth, too. There is no "required hours" to receive shakai hoken. The 29.5 hour thing is just an internal guideline. People with less than those hours per week can get shakai hoken if the employer opts for it.

 

[FrustratedDave]

This is a myth, too. There is no "required hours" to receive shakai hoken. The 29.5 hour thing is just an internal guideline. People with less than those hours per week can get shakai hoken if the employer opts for it.

When I say "required hours" I meant by law. Yes it is true that the company can decide if it pays shakaihoken, but the reality is most companies will not pay Shakaihokken if you are not working the required 3/4 of the hours of a full time and we are talking realistically here. And the 3/4 of the full timer is not an internal guideline, it is the law that the company is required to pay once they work over this requirement, anything below is up to the company.

My point was , they are not considered regular workers (they were casual workers) which if they were can complicate things in SOME instances. But even then the company has the right not to renew their contract even when they are considered regulars(In part timers cases).

 

[orochi]

"Three years" only comes into play with dispatch workers. If company A takes in dispatch guy B for three years, they will need to hire him directly from three years & 1 day onwards if they wish to continue the relationship. How termination of employment after that is handled, well it depends on the contract but typically 30 days notice, or 30 days' salary is required.

The same goes for those on contracts; they can be terminated before the end date with the above notice. Extensions for contracts can also be denied, and when the 30 days notice is difficult or impossible (in the case of a 30 day contract, for example), the rule is "give as much notice as possible".

So unless your friends were formerly dispatch workers who had become contracted or permanent workers due to the 3-year law, I am not sure what they were talking about.
If they are permanent employees and raise a fuss, perhaps with the assistance of a social insurance labor specialist (ﾅｽﾃ絶?ｰﾃｯ窶｢ﾃ崘陳ｯﾋ廱窶督ｱﾅｽm), then they might be able to make waves and object on the grounds of unjust termination (窶｢s窶懌?凪?ｰﾃｰﾅ津?. Workers in Japan have a lot of rights when they want to flex muscle.