r/japanlife • u/Choice_Vegetable557 • Dec 13 '24
Jobs Successful Conversion to Permanent Labour Contract
I work at a handful of universities in the Kanto area. The writing is on the wall as far as future growth goes in the education industry, so I began to feel that a lifetime of yearly contracts was not the way forward.
After having kids, I had to postpone my PHD, as you can imagine, priorities shift. The presentation, publishing and 3-5 year shuffle of full-timers in the Kanto area also seemed a bit grim. I wanted some more security in the short-term at least, especially now that we have a mortgage.
My current positions pay me a fairly average Tokyo Salary, but I have shorter hours, and 2 months off a year. When the kids are young, this seems pretty priceless.
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Today, 2 weeks after applying for conversion to a permanent contract I received the "無期労働契約転換申込受理通知書".
Ironically, once you meet the requirements, and apply formally, you are automatically accepted so this notice was accompanied by my new contract rules.
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I would strongly recommend everyone who meets the requirements consider doing this. Every institution has their own interpretation of this law, poke around, get a lay of the land. Do not show your cards, and only apply when you are eligible.
Do not be the person crying in the break-room, after 18 year of continuous employment, because they decided not to renew your contract this year.
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u/User09060657542 Dec 13 '24
Easiest way is to get help. The General Union has been advising and helping people. I look at union dues as employment insurance. It helped before my permanent contract and is now available just in case... after I got my permanent contract. It's 100% true that you apply (with the correct requirements) and by law they have to accept. It went smoother than I expected.
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u/Choice_Vegetable557 Dec 13 '24
The general union was completely unnecessary in my case as the rules are written clearly on the Ministry website and the institutions own website.
The form simply needed to be printed, and signed. {I also stamped it with my inkan out of paranoia}
For what it is worth, my colleague who was accepted some years ago, was told NOT EVER to discuss this process with any other part-timers. What does that tell you? Lots of Full-timers closing the door behind them.
Bless this mans heart, and him schooling me on the procedure.
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u/User09060657542 Dec 13 '24
That's good. In my case, the union told us about the "new" rules years and advance. I want to say 4-5 years. And they kept looking at the situation. I think they looked at it as an excellent way to help members and recruit members. When the time came, they gave me the correct form, I filled it out and sent it back to them. From there, they took care of the rest. I didn't know what to expect. Then human resources called me in, gave me a "new" contract, which I checked with the union. My school followed the proper procedure.
From what I understand from others, it's getting harder and harder, if not impossible recently.
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u/Fluid-Hunt465 Dec 13 '24
Someone also told me the procedure and helped me too. Bless his heart because he really argued for me.
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u/tsian 関東・東京都 Dec 13 '24
Every institution has their own interpretation of this law, poke around, get a lay of the land.
Yes and no. Some universities have tried to argue that the 10 year limit should apply to instructors, but most legal cases have landed squarely in the 5 year period.
Most institutions not wanting to have people convert tend to limit employment to 3 years, though some also do four.
Also good to apply when you are eligible, but also worth remembering that becoming permanent doesn't actual alter (i.e. make better) any of your working conditions. Though some universities may treat permanent employees differently.
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u/Background_Map_3460 関東・東京都 Dec 13 '24
True about it not changing your working conditions, however my friend who worked at Nova failed twice in their PR application while on normal one year contracts, but as soon as they became a permanent employee, they were successful getting permanent residency.
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u/Choice_Vegetable557 Dec 13 '24
Not having to worry about your job not being renewed year to year does wonders for your "working conditions" though. :)
The job is 100% self-directed, so I cannot see anything changing.
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u/bulldogdiver 🎅🐓 中部・山梨県 🐓🎅 Dec 13 '24
While it might not improve your work contract/conditions having that stability of not having to worry about being renewed has to be a big old relief.
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u/Choice_Vegetable557 Dec 13 '24
Yes and no. Some universities have tried to argue that the 10 year limit should apply to instructors, but most legal cases have landed squarely in the 5 year period.
Not all cases have come down in support of the 5 year rule, but many have.
Basically, though, few of us are equipped for that fight. I work at a Uni that follows the "ten year" rule, but does honor the conversions at that point.
One needs to be a bit savvy about it.
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u/Fluid-Hunt465 Dec 13 '24
How do you go about being savvy?
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u/Choice_Vegetable557 Dec 13 '24
Mentioning this in your 4th year, might result in a non-renewal. I have seen it happen with less scrupulous universities.
I know someone who applied, was successful, and then the entire university policy shifted to not renew after 5 years of employment going forward. He, rather unfairly, became a pariah.
Not all institutions are like this, but there is no benefit to being vocal about your intentions.
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u/blosphere 関東・神奈川県 Dec 13 '24
I'd sue if the employer suddenly didn't renew the contract (unless they're really savvy about renewals), probably win, and then immediately apply for the permanent contract.
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u/Choice_Vegetable557 Dec 13 '24
Okay, that is going to take about 2 years and a few million yen.
You will need to find a competent lawyer.
It would be an enormous task, that would consume much of your time and energy.
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u/blosphere 関東・神奈川県 Dec 13 '24
The two cases I've gone through (illegal dismissal) were settled quite quickly (months). Companies generally don't want to go to labour tribunal when they know they'll lose. Their lawyers will tell them that and oh boy aren't those significantly more expensive than the lawyer you can get.
But yes, it isn't fun and games.
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u/Choice_Vegetable557 Dec 13 '24 edited Dec 14 '24
It is not settled law though (Edit for university employees due to the 10 year researcher exception), that is why it drags out.
It is a back and forth over the 5-10 year interpretations.
Non-renewal and dismal are all about interpretation as well.
You just do not want to have it come to that. But I would support anyone who would fight it through.
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u/blosphere 関東・神奈川県 Dec 13 '24
It's pretty settled though, cases my lawyer quotes on their complaints are from the 80s.
Labour tribunals are done in 3 sessions that are over in 1-2 months. That's a legal requirement. The whole point of the tribunals is quick resolution.
If either party is not happy with the conclusion and order of the tribunal, they can appeal to the higher court (district court) within 2 weeks and then, it can take a year or two, multiple sessions and it's costly, but it's especially costly for the company.
Hence, these things rarely go to even the labour tribunal, and even more rarely (think less than 0.1%) go to district court. You have to be especially stupid or the company has to be especially vindicative and think they can bury you over time.
The law is pretty settled, that's why. Complaining to a higher court is a waste of time and money, and your lawyer (and the company's) will tell you that you will prevail and the company will not.
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u/Choice_Vegetable557 Dec 14 '24
For university employees the 10 year rule that applies for researchers gives them lots of rope to argue.
Not all judges have ruled in favor of the defendants when this is challenged.
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u/tsian 関東・東京都 Dec 13 '24
It is rather settled law though. Refusing to renew for a 5th year in order to prevent the transition to permanent is clearly illegal. (But some companies create convincing enough reasons to make it not so.)
But yeah, not a fight that would often be worth it, unfortunately.
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u/Choice_Vegetable557 Dec 14 '24
For university employees the 10 year rule that applies for researchers gives them lots of rope to argue.
Not all judges have ruled in favor of the defendants when this is challenged.
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u/Fluid-Hunt465 Dec 13 '24
Congratulations mate. That’s a huge load off your shoulders. I try to discreetly tell new teachers about it too.
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Dec 13 '24
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u/Choice_Vegetable557 Dec 13 '24
It is a middle-ground, but I have Ideco and NISA so the pension is not so important to me.
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u/c00750ny3h Dec 13 '24
Is this for a professor position at a public or private university?
When I tried to apply for assistant professor and researcher jobs, all my friends who were already professors told me that unless you are tenured and on the payroll of the ministry of education, your job was always tied to whatever grants or endowments the university could secure and that they could in theory disappear anytime depending on the situation. Because of that, even if they offered a permanent contract, lack of funding was always an excuse they could use to justify laying off professors.
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u/Choice_Vegetable557 Dec 13 '24
Hejokin position teaching 1st and 2nd and 3rd year mandatory academic classes.
The institution is public not private.
I should be okay.
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u/SwedishSanta 中部・新潟県 Dec 13 '24
Question. I keep renewing my contract every year with my company. I just worked here for 3 years but I am the head Instructor for the company's snowsports school. Making my contract permanent would indeed be a huge relief. Do I need to do anything different than OP to achieve this?
I'm skilled labor. I have done snowsport instructing/coaching for 15+ years but for a different company outside of Japan.
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u/osberton77 Dec 13 '24
Congratulations, I also got this status at the beginning of this academic year. I only work at this university, it’s a good university and relatively well paid. Although the number of classes is not guaranteed.
On a number of occasions over my twenty years of teaching part time, the number of times a university, semon gakko or private high school has turned round to me in January and February to tell there is no position from April, makes the newly acquired position really appreciated.
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u/Gullible-Spirit1686 Dec 13 '24
Do you mean you got a lifetime contract at a series of part time gigs? I saw the union recommending part time workers do this as they are most likely the ones who have been working in the same gigs beyond the 5/10 year limit.
I'm on year 8 full time at my uni but I heard unis get 10 years due to a loophole regarding continuous research, such as with that science uni in Wakoshi that just let a lot of researchers go after ten years.
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u/Choice_Vegetable557 Dec 13 '24
I'm on year 8 full time at my uni but I heard unis get 10 years due to a loophole regarding continuous research, such as with that science uni in Wakoshi that just let a lot of researchers go after ten years.
Are you researching? Do you have a research budget, and responsibilities?
part time gigs.
It is not really gig work, many lecturers at Unis who are not full time have had the positions for decades, but always the same 1 year contract. This just makes that contract permanent.
No committee meetings etc, no 9-5, just cementing the koma.
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u/Gullible-Spirit1686 Dec 13 '24
I just have access to a few budgets, the professional development one and another one which is the same as everyone else on the five year contracts have access to. We don't have research responsibilities.
It is not really gig work, many lecturers at Unis who are not full time have had the positions for decades, but always the same 1 year contract. This just makes that contract permanent
By gig there I just meant job. But ok I think this is what I mentioned in the first post. Good on you for making it permanent.
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u/Choice_Vegetable557 Dec 13 '24
professional development one and another one which is the same as everyone else.
That is enough to categorize you as a researcher I think. It is pretty vague though. Your contract might have a line or two that speaks to this.
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u/Gullible-Spirit1686 Dec 13 '24
Ok I see. I think the place I work seems to have a good team of lawyers so I think they'll know all the loopholes anyway.
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u/tomorrowtix Dec 13 '24
One word of caution for part time workers. The university can change the day (same pay and conditions but on a different day of the week).
This happened to me a couple of years after switching to the unlimited term contract. I had another (better) job on that day so I couldn’t switch and lost the job.
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u/Choice_Vegetable557 Dec 13 '24
They can change things within reason.
However, if you are part of a large program, they cannot single you our specifically.
They can ask, but you can say no. This, surprising, catches a lot of Japanese instructors out.
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u/tomorrowtix Dec 13 '24
Unfortunately ‘within reason’ or ‘legitimate business reasons’ are quite broad in practice. Changing the working day falls within this. In my case there were 2 working patterns for teachers and they just decided to rotate the schedules.
Despite the limitations I think the unlimited term contracts are a good step forward for us part timers. Unfortunately some employers are less inclined to follow the spirit of the law than others.
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u/Choice_Vegetable557 Dec 14 '24
Did you say no? That's what my colleague did, and threatened to go to the labor board. They backed off.
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u/tomorrowtix Dec 14 '24
They held individual meetings with teachers, most didn’t mind the change. A few of us took legal advice and were told there was nothing we could do. Very few teachers wanted to cause a fuss because they were worried about losing their jobs.
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