Are university teachers in Japan covered by the ‘five-year rule’?

By Louis Carlet (Hifumi Okunuki is off this month):

My colleague Gaetan and I recently presented a seminar on the “five-year rule” to a group of Francophones at an event hosted by the Francais du Monde — Association Democratique des Francais a l’Etranger (French of the World — Democratic Association of French Abroad).

Gaetan had prepared an organized lecture, with charts and translations projected onto the wall behind him. We worked to convince the attendees that next year they could use the so-called five-year rule to become permanent employees if they had served more than five years in fixed-term contracts. Many of them were university teachers.

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Japan is not an “at will” employment country.

Many of our members are not Japanese and work at small or very small companies. Working at small companies has many advantages: it’s often more human and you have a direct relationship with the boss. However, if there are problems, those good points often turn into bad ones, since you can be on the receiving end of arbitrary decisions that are difficult to remedy, especially if you do not know your rights. Let’s take an example of a common problem that we at Tozen have to deal with quite often: illegal dismissal.

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Japan’s culture and courts need to get with the program on overtime

TV series have for decades now overused a broad range of formulaic plot devices. Let me give you an example:
The heroine scrambles to get out of the house in the morning on her way to work. She runs down the street only to collide with a man walking the other way. Blushing, she showers him with apologies and in all the kerfuffle, a piece of jewelry slips off to the ground unnoticed. Days later she runs into him (figuratively this time) in a chic cafe, and romance brews. For variety, replace jewelry with wallet, train pass or other item; stir and bake.

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「ちゃんと休ませてくれ!」―労働法における「休憩」って?

労働法と一言でいっても、そのなかには、さまざまな個別のテーマがある。たとえば、賃金、労働時間、配転、人事評価、解雇、営業譲渡、労働災害などなど。そのなかでも、あまり重きを置かれていないものに「休憩」がある。労働法の体系書を見ても、「休憩」に割くページ数は、他のテーマに比べるとかなり少ない。そもそも「労働」法とは、まさに「働くこと」がメインの法律なのだから、その対極にある「休むこと」については、あまり重視されていないのだろうか? 

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