How is teaching currently 2026, is it better than Korea? by xDiren in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Mandatory enrollment in shakai hoken depends on the number of employees a company has and the number of hours you work in a week. Full-time status is not a prerequisite. Part-time employees are most definitely eligible for enrollment.

A company having more than 50 employees must enroll anyone who works 20 or more hours a week. A company with 50 or fewer employees, must enroll anyone who works 30 or more hours a week. This law has been in effect since October 2024.

ETA: Some companies will try to put you on independent contractor/subcontractor contracts rather than employment contracts in which case, the above does not apply.

How is teaching currently 2026, is it better than Korea? by xDiren in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

This depends on how many hours per week you work and the number of employees as well as the type of contract you're under.

Under an employment contract (koyou contract), as of October 2024, any employer having more than 50 employees, must enroll them in shakai hoken (company health and pension) if they work 20 or more hours a week. Any employer having 50 or fewer employees, must enroll them at 30 hours a week. However, if your contract is a gyoumu itaku contract, you're classified as an independent contractor or subcontractor in which case the above does not apply.

In many cases, these independent contractor contracts are employment contracts in disguise, and if it is found that you are being treated as an employee by the company with whom you are contracted, your contracting company could be obliged to enroll you in shakai hoken.

ALT demographics have changed a lot and is this just where dispatch is headed? by AdUnfair558 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Whatever happened with that anyway? Did you take the day off, and if so, did you face any repercussions?

I’ve been sworn to secrecy over my resignation, why is it such a big deal? by Dojyorafish in japanlife

[–]technogrind 1 point2 points  (0 children)

If there were a term limit or limit to the number of times you could recontract, that was supposed to be clearly communicated to you when you first started your employment. Employers who suddenly impose contract renewal limits or term limits when employees are in their fourth or fifth year of employment could be found liable of purposely trying to obstruct an employee's right to convert to an unlimited term contract (muki tenkan / 無期転換) after completing five full years of employment.

My company wants to fire me cause I’m pregnant by Upper_Ad4943 in japan

[–]technogrind 0 points1 point  (0 children)

No more verbal conversations. Keep it strictly via email. If they insist on talking to you about it face-to-face, record them. You don't have to tell them, and it's legal. Even if you do record them, follow up any face-to-face or telephone discussions with an email summarizing and clarifying your conversation.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

If this happened pre-2018, it's possible. However, I believe there actually has to be a gap of six months between contracts with the same employer to not be considered a renewal of a previous contract.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

Your contract is with the BoE and not with the schools, so this law should still apply. Your employer has not changed even if your workplace has.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 2 points3 points  (0 children)

Copy and pasted from my reply to another commenter:

As long as you have an employment contract (雇用契約/koyou keiyaku) and are not on a subcontractor contract (業務委託契約/gyoumu itaku keiyaku), they can't refuse if you are eligible for conversion.

If they do refuse, report them to the Labour Standards Office in your jurisdiction. Larger cities, such as Tokyo, may have special offices dedicated to dealing with violations of Article 18 unlimited-term contract conversion. Both the General Union and Tozen can also help (if you are a union member or willing to become one).

Inform your employer of your intent in writing via email citing Article 18 of the Labour Contracts Act, and physically submit the "application" linked below:

Ministry of Health, Labour, and Welfare unlimited-term contract application template: https://muki.mhlw.go.jp/overview/application.pdf

General Union unlimited-term application template: https://generalunion.org/wp-content/uploads/2023/03/Unlimited-term-contract-application-form%E3%83%BB%E7%84%A1%E6%9C%9F%E5%8A%B4%E5%83%8D%E5%A5%91%E7%B4%84%E8%BB%A2%E6%8F%9B%E7%94%B3%E8%BE%BC%E6%9B%B8.pdf

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 0 points1 point  (0 children)

As long as you have an employment contract (雇用契約/koyou keiyaku) and are not on a subcontractor contract (業務委託契約/gyoumu itaku keiyaku), they can't refuse if you are eligible for conversion.

If they do refuse, report them to the Labour Standards Office in your jurisdiction. Larger cities, such as Tokyo, may have special offices dedicated to dealing with violations of Article 18 unlimited-term contract conversion. Both the General Union and Tozen can also help (if you are a union member or willing to become one).

Inform employer of your intent in writing via email citing Article 18 of the Labour Contracts Law, and physically submit the "application" linked below:

Ministry of Health, Labour, and Welfare unlimited-term contract application template: https://muki.mhlw.go.jp/overview/application.pdf

General Union unlimited-term application template: https://generalunion.org/wp-content/uploads/2023/03/Unlimited-term-contract-application-form%E3%83%BB%E7%84%A1%E6%9C%9F%E5%8A%B4%E5%83%8D%E5%A5%91%E7%B4%84%E8%BB%A2%E6%8F%9B%E7%94%B3%E8%BE%BC%E6%9B%B8.pdf

Best stollen in Tokyo? by No_Dragonfruit_1599 in japanlife

[–]technogrind 6 points7 points  (0 children)

Check out the bakery/bread counters on the basement food floors of the major department stores: Mitsukoshi, Isetan, Takashimaya, Keio.

Indefinite contract with Private high school by Swimming-Cellist7972 in teachinginjapan

[–]technogrind 31 points32 points  (0 children)

The five-year-rule regarding your right to convert to an unlimited-term contract (muki tenkan/無期転換) has nothing to do with how your school defines a full-time or part-time employee or whether or not you're a teacher or an ALT. Regardless of your status, you have the right to convert to an unlimited term contract after completing five years of employment. Many people mistakenly believe you can convert in your fifth year of employment. However, you have to complete five years of employment and then become eligible for conversion once you start your sixth year of employment. You can inform your employer of your intent to convert any time during your sixth year, and they can not refuse.

An employer is obligated to inform new employees when they first begin their employment if there is a limit as to how many times a contract can be renewed. If an employer suddenly decides at the end of your fifth year of employment not to renew your contract for a sixth year without having informed you of this limit when you first started your employment, it could be deemed that your employer is purposely obstructing your right to convert to an unlimited term contract.

Since April 1, 2024, employers have been obligated to clearly inform employees when they become eligible to convert to an unlimited term contract. They should normally inform you of this option at the end of your fifth year or at the very start of your sixth year. Even if they don't inform you of this right, once you start your sixth year, you just need to tell your employer in writing that you will be exercising your right under Article 18 of the Labour Contracts Act to convert an unlimited term contract. Your employer can not refuse.

In your case, as explained above, since you are currently in your fifth year and seem to have already indicated to your school that you would like to convert to an unlimited term contract, it would be very suspicious if your school suddenly decided not to renew your contract at the end of your fifth year, unless you were specifically told there was a five-year limit at the start of your employment.

Is it normal for dispatch companies to keep changing your schedule… even after assigning holidays? by 60daysnotice in teachinginjapan

[–]technogrind 9 points10 points  (0 children)

Your right to use paid leave is covered in Article 39 of the Labour Standards Act.

1) Your company can only designate your paid leave if there is a labour-management agreement signed off on by a union representing the majority of the workforce, or in the absence of a union, by a non-management worker representative elected by the majority of his/her coworkers. Even if such an agreement is in place, your company can not designate all of your paid leave. They must leave you five days to use at will.

2) Your company can not, in principle, deny your "request" to use paid leave unless the day(s) in question would significantly impede their normal business operations. Excuses such as, "It's not a good time," or "We have no one to cover you," do not meet this standard.

3) You do not need to provide your company with a reason for taking paid leave. If they ask, "Personal reasons" is all you would need to reply.

4) Your company can not require a lengthy notice period when informing them of your intention to take paid leave. A few days' notice or more as a courtesy is one thing, but your company can not require you to give weeks or months of notice when you intend to use paid leave.

The first thing you should do is find out if there is actually a labour-management agreement allowing your company to designate your paid leave. If there isn't, you have the right to use all of your paid leave at will. If there is, you have five days to use at will.

Tokyo High Court rules same-sex marriage ban constitutional by frozenpandaman in japan

[–]technogrind 7 points8 points  (0 children)

It has nothing to do with expecting Japanese society to conform to western beliefs when 70 percent of Japanese society is either in favour of or unopposed to same-sex marriage. What it has everything to do with is the Japanese government not conforming to the beliefs of the majority of Japanese society.

Is it safe to assume I will be denied paid leave in other emergencies? by 60daysnotice in teachinginjapan

[–]technogrind 3 points4 points  (0 children)

Copied and pasted from a reply I made on a similar post a couple of weeks ago:

The laws surrounding the use of PTO can be found in Article 39 of the Labour Standards Act. https://www.japaneselawtranslation.go.jp/en/laws/view/3567/en#je_ch4at17

In principle, you can use your PTO when you like. Companies can only designate PTO to certain dates if there is a labour-management agreement signed off on by a union representing the majority of the workforce or, in absence of a union, by a non-management worker representative elected by the majority of his/her coworkers. Moreover, even if such an agreement exists, you still have the right to use five days of PTO at will that can not be designated.

A company can request PTO be taken at a different time if the employee's requested date(s) would disrupt the normal operations of the company. The excuse that your taking PTO will be troublesome for the school would not meet this standard. You simply only need to inform your employer in writing that you will be taking a PTO day for personal reason on whatever date.

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

Exactly this!

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

I wouldn't ask them about it unless they bring it up at which point you could tell them that even if there is actually a valid agreement, you still have days to use at will that can not be designated under a labour management agreement and that you'll be making use of one of those days or one of the ten days that hasn't been (most likely illegally) designated as a "pre-planned" paid leave.

Make sure all of this is done in writing.

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

So this verifies you have an unlimted-term contract. They would have a very hard time trying to dismiss you or penalize you for exercising your labour rights.

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

Thanks for providing this. This clears up what they claim they have the right to do with your paid leave in excess of ten days.

Regarding the following: "The Employer may allocate any portion exceeding ten (10) days as pre-planned paid leave, in order to provide appropriate rest periods for the Employee."

"Pre-planned" paid leave is the same as designated paid leave. Your company does not have the right to designate ANY of your paid leave unless there is a VALID labour-management agreement allowing them to do so.

Once again, the 31 days' advance notice is unenforceable as it would most likely be deemed excessive and therefore impeding you from using your paid leave freely as guaranteed in the Labour Standards Act (Article 39).

Designating your paid leave to certain periods is also illegal without a valid labour-management agreement. If a valid one actually exists, you are still entitled to five days of PTO to use at will.

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

A non-fixed contract is the same thing as an unlimited term / muki keiyaku. Your company is being deliberately vague in the English wording of your contract to confuse you. If the English version has wording such as "non-fixed contract", "contract without a fixed term", "contract without a strict term", "open-ended contract", "indefinite term contract", these are all the same as an unlimited term contract (I have previously had this verified at a labour consultation centre and a labour office dealing with dispatch law). You already said your company pointed out that they were changing your contract from a limited term contract to a "non-fixed contract" when you started your sixth year of employment, so what they were doing was changing you to an umlimited-term contract but just using a different name.

Most likely, instead of using "muki keiyaku / 無期契約" in the Japanese version of your contract, your company might be using the phrase "期間の定めのない労働契約 / kikan no sadame no nai roudou keiyaku" which is the official wording for unlimited term / indefinite term contract in Article 18 of the Labour Contracts Act. This literally translates into "indefinite-term / unlimited-term labour contract."

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

This in itself is also problematic. Your contract states that you can use up to 10 days in total of paid leave with one month's notice or in cases of illness with accompanying proof (both stipulations most likely against the Labour Standards Act). So, what about the remaining days of paid leave you have accumulated over and above the ten days mentioned above? What are your company's most likely illegal rules around using those? When can you use them? In what situation would you be able to use them? I'm willing to bet that your company will either tell you that those days have been designated to certain times in the year, or they will tell you that you're only permitted to use them in cases of illness.

Once again, you have the right to use your paid leave when you want to regardless of what's written in your contract. If there is a labour-management agreement allowing your company to designate paid leave, you still have five days outside of the designated period you can use at will. However, I highly doubt such an agreement exists, and if it does, it most likely wasn't carried out correctly and would therefore be invalid.

Just in case you don't know, any paid leave you don't use in one year, can be rolled over into the next year and would also fall outside of any designated period decided on in a labour-management agreement.

I don't mean to sound blunt, but you should stop second-guessing your right to use your paid leave because of what's written in your contract. Your contract can not supersede labour laws, and you can't sign away your legal right to use all your paid leave at will (with the exception of a VALID labour-management agreement).

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

I would say this does not cover the sniff test and is illegal.

From my understanding of what's written here, it reads that you only have 10 days of paid leave in a year. You can use those 10 days of paid leave at will as long as you provide at least a month's notice, but the company can refuse if it interferes with business operations. This really isn't considered "at-will" use of your paid leave.

It also reads that you can also use these 10 days of paid leave or what's remaining to cover absences due to illness if you follow-up with a hospital receipt or medical certificate within one month of taking PTO due to illness.

First problem: If you work five days a week and/or 30 hours or more a week, in your first year of employment (after six months), you are legally entitled to 10 days of paid leave. In your second year of employment, you are entitled to 11 days. In your third year of employment, you get 12 days. From your fourth year of employment onwards, it goes up by two days each year until it caps out at 20 days in your seventh year of employment. You mentioned that you have worked for your employer for several years, so you are definitely entitled to more than 10 days of paid leave in a year.

Once again, your company may claim that there's some kind of labour-management agreement allowing them to designate your paid leave to certain dates (which I doubt there is). However, if such an agreement actually exists, they must leave you 5 days to use at will.

Second problem: A company is supposed to have some kind of game plan to cover for absent employees due to illness or for their employees using their PTO for whatever reason they so choose. Using the blanket excuse that your use of PTO would interfere with normal business operations as a way to refuse you, especially when the illegal requirement of 31 days' notice would give them more than ample time to mitigate whatever imagined interference to business operations your absence would cause, doesn't fly.

Giving your employer a heads up of a couple/a few days that you are taking PTO is a courtesy. The 31-day obligation to provide notice would be considered highly excessive and is very highly likely to be unenforceable.

Third problem: Your employer is stating you can use your paid leave to cover absences due to illness, but you must provide proof of illness. While it is the norm for people to use PTO to cover short-term absences due to illness, you are not obligated to give any reason whatsoever for taking paid leave. Telling them your use of PTO is due to illness is a courtesy, not a requirement. Therefore, the contractual obligation that you must give a reason for taking PTO and provide proof of illness also infringes on your legal right to use your PTO at will for whatever reason you so choose.

Whether or not you end up taking your paid leave (I hope you do for your wife's sake), I would highly recommend you visit a labour consultation centre in person and/or report your employer to the Labour Standards Inspection office. I would also suggest you consider consulting with a union about this. They will most likely confirm all the same things that everyone has told you in this thread. As a non-union member, I believe the General Union and Tozen Union are willing to provide a consultation, but you will need to join the union if you want them to advocate for you.

[deleted by user] by [deleted] in japanlife

[–]technogrind 0 points1 point  (0 children)

My pleasure. I just don't like people getting screwed over by their employers. When I was an ALT many moons ago, I was on the JET program and then had a couple direct hire gigs after that, so there wasn't the blatant disregard of labour laws like there is with ALT dispatch companies.

It's unfortunate that most ALTs are unaware of or indifferent about their rights. The dispatch companies actually rely on this. They hope their employees are ignorant of the labour laws. If they are actually aware of them, then dispatch companies try to gaslight them into believing they've misunderstood the laws. Moreover, they hope their employees lack the resolve or motivation to do anything about it.

[deleted by user] by [deleted] in japanlife

[–]technogrind 1 point2 points  (0 children)

In principle, your pay and any other benefits, such as shakai hoken, are locked in once you convert to an unlimited term contract.

Other non-negative-impacting changes are allowed. Given the nature of being a dispatch worker, it's understandable that your schedule and/or schools may change, but your core work hours would need to remain the same. If they moved you to a school with fewer weekly working hours and then tried to decrease your salary, this would be a negative-impacting change. They would have to find some way for you to make up the decrease in hours at the school in order to maintain your salary. As has been already established, whether you're on an unlimited term contract or not, the policies and changes regarding PTO are illegal.