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Significant Information for Part-time teachers
Dear members,
Some of you may have been informed that a new legislation is effective
on 1st January 2004 .
The legislation aims to make a part-time worker's contract stable, though
it is called as Notification
inferior to Ordinance and law. When you see the translation of the Notification
in English below
you can understand its value regardless of my translation.
Most of you will sign a contract in March/April (except Kwansei/Kansai Universities where EWA members need not sign because of a verbal agreement between EWA and universities.) According to the new Notification a contract must explicitly state its renewability. The renewability is meant in this context as follows: a) a contract be automatically renewed. b) a contract may be renewed. c) a contract be not renewed.
Universities (both national and private), however, apt to show you the same contract as current one in case there is no trouble. This kind of contract, of course, is against the new Notification. What are you going to do over this kind of contract? If you have close look at the new Notification you should sign it first with requesting them a appropriate contract. If you refuse signing a contract you won't be employed since the new Notification emphasizes "when a contract is made an employer must explicitly indicate its renewability to an employee." This means that a contract itself need not state its renewability when an employer give you another paper, for example, stating its renewability. This also implies that refusing to sign a contract means a contract is not made. Most explicit indication for renewability is of course written in a contract, so that you can request them a appropriate one.
I recommend you sign it first when a university does not give you an appropriate one or indicate you the renewability with another paper. Then you can bring the problem to the union which will start negotiation with a university. The point is that you have to tell that the contract does not satisfy the new Notification. If you have no time to tell that before signing a contract, do not worry about it since EWA will handle the case anyway.
Neo Yamashita
Chair, EWA
The Criteria On Conclusion, Renewal And Termination Of A Limited Term Of Labor Contract (Notification 357 of the Ministry of Health, Labour and Welfare) effective on Jan. 1, 2004
(Clear Statement Matters At The Time Of Conclusion Of Contract)
Article 1. A employer must explicitly indicate a employee whether a limited term of contract is renewable after the expiration of its term at the time the contract is made. (2) As for above clause, an employer must explicitly indicate an employee the criteria on renewal of the contract in a case an employer explicitly indicate the contact is renewable. (3) An employer must immediately give an explicit indication an employee, who has made a contract, about the contents of any change to above two clauses when it is made after the contract start.
(Advance Notice of Contract Termination)
Article 2. An employer must give an employee a thirty days advance notice in case an employer does not renew a limited term of contract. (This clause applies to those who have worked more than one year and not apply a contract which has been indicated explicitly of non-renewal.) (Explicit Reason of Non-Renewal) Article 3. As for above article, an employer must immediately give an employee a certificate of reason why the contract is not renewed when an employee requests it. (2) In case a contract has not been renewed, an employer must immediately give an employee a certificate of reason why the contract has not been renewed when an employee requests it. (This clause applies to those who have worked more than one year and not apply a contract which has been indicated explicitly of non-renewal.)
(Consideration Of Term Of Contract)
Article 4. An employer must endeavor to lengthen the term of contract as long as possible based on the actual situation of contract and the will of employee when the contract is renewed. (This clause applies to those who have renewed the contract more than one and worked more than one year, and not apply a contract which has been indicated explicitly of non-renewal.)
