Converting to a non-fixed term contract

[primarymay]

Thank you @revstockton, @hark, and @phillev

It would seem that the answer is they are "probably not" on the right side of the law.

In 2-3 years, I will seriously consider filing under the 5-year rule. (I would have 7 years there at that point).

At that point, I will be able to "survive" losing the koma, and can weather the storm.

(Also, should I join the University Teachers Union (大学教員組合 – Daigaku Kyouin Kumiai) or the Union of Part-Time Lecturers (非常勤講師組合 – Hijoukin Koushi Kumiai)?

 

[faithfound]

@primarymay According to the MEXT Guidelines, are you eligible for promotion to a professorship, or are you engaged in only teaching general education classes while seeking legal recourse for your contract renewal? In either scenario, qualifying for Marugo presents the simplest route to not only secure your contract renewal but also to potentially be placed on the tenure track.

 

[primarymay]

@faithfound

非常勤

I am confused here, none of what you stated is relevant to my situation.

 

[faithfound]

@primarymay Yes, it is. I believe your contract likely includes a clause along the lines of: 'This is a one-year contract, renewable up to four times.’ You are not considered faculty, but rather a hired specialist to teach additional classes that tenured teachers cannot accommodate.

If you possess at least a Master's degree, seek collaboration with a researcher to gain exposure in academia, as you may find yourself spending more time in court than in the classroom in the sixth year. Be aware it's an exploding contract. I don’t agree with the idea or concept but it started when the MEXT Minister called for the abolition of Liberal Arts Universities in 2015 or so.

 

[primarymay]

@faithfound

I believe your contract likely includes a clause along the lines of: 'This is a one-year contract, renewable up to four times.’

Then you would be wrong. No contract I have signed included that.

If you possess at least a Master's degree, seek collaboration with a researcher to gain exposure in academia, as you may find yourself spending more time in court than in the classroom in the sixth year. Be aware it's an exploding contract. I don’t agree with the idea or concept but it started when the MEXT Minister called for the abolition of Liberal Arts Universities in 2015 or so.

Could I even teach at Uni without a graduate degree?

as you may find yourself spending more time in court than in the classroom in the sixth year.

That seems...unlikely.

 

[faithfound]

@primarymay Yes, part-time instructors are not considered faculty, so they can teach without an MA in many cases, especially in general English and conversation classes. Good luck with your challenges.

 

[faithfound]

@primarymay If they are not going to switch you at five years, chances are they won’t do so at ten years, either. My guess is they are hoping people will simply leave, and they will hire someone cheaper. Get ready to find a non-contract tenure position.

 

[phillev]

@faithfound Employers don’t have the choice to switch you to an unlimited contract or not. As soon as the employee states that they would like to switch, it has legally happened.

 

[faithfound]

@phillev Unless they don’t renew for a reason tied to the contract such as a lack of pubs or research grants, etc. they won’t

 

[phillev]

@faithfound No, that’s not correct. If you have a contract at the time of the 5 year mark, then you can switch. If you have a string of one year contracts, then you can switch after the 5th contract. If you have 3 year contracts, you can switch halfway through the second contract.

Admittedly, they can choose not to renew your contract before the 5 year mark in order to stop you from switching, but they can’t refuse to make your contract unlimited if you have a contract at the point of being there for 5 years. I’m talking about people who have already been in a job for 5 years and who still have a contract.

 

[faithfound]

@phillev It depends on the rules for promotion.

Starting in the mid 1990s, the contract instructor role emerged as universities aimed to avoid permanent hires due to anticipated declines in student numbers, while MEXT encouraged hiring teachers with Maru-go (first author, second language, citation-indexed papers in high-impact factor journals) credentials who could also manage committees. A and B (and sometimes C) rank schools provide clear requirement charts for promotion from contract positions which are in the University Rules, ensuring both applicants and universities understand the criteria. Criteria now often include student evaluations and other conditions, with contract periods typically three years, not five. However, C to F-rank universities often leave renewal terms vague, stating only "sufficient research ability and a suitable number of papers and quality committee work" without clear definitions. Without a clear precedent, this leads to disputes and potential legal challenges after 5 or 10 years, with instructors suffering from overwork or poor working conditions if reinstated.

The criteria for Maru-go status include:

• D◎: Can supervise a doctoral dissertation.
• D: Can assist in supervising a doctoral dissertation.
• D Possible: Can teach in a doctoral program.
• M◎: Can supervise a master's thesis.
• M: Can assist in supervising a master's thesis.
• M Possible: Can teach in a master's program.

Although the criterion for Maru-go status is approximately 40 published papers, actual requirements vary widely by university, discipline, and field, making it more complex than in companies or other contract-based positions.

 

[phillev]

@faithfound Ok, we are talking about different topics, it seems.

 

[faithfound]

@phillev Yes, university contracts do not always fall in line with corporate contracts in construction and interpretation.

 

[hark]

@faithfound No, that's not the issue.

fiyamgauchi is describing Labor Contracts Act Article which specifies that people have the right to force employers to make them permanent if they've worked they are contracted for 5+ years.

Prof_PTokyo is describing employment regulations often used by universities. (though I would add that I haven't seen 40 as a requirement anywhere for anything and work at a mid-tier national university).

Universities including public and national universities are subject to the Labor Contract Act and cannot offer contracts that differ from them.

However, in light of the tenure law and innovation law, the government amended the situation for universities and research institutions, enabling them to read "5" as "10" for researchers and tenure-track positions.

Regarding contract periods, standard Japanese labor law says that the maximum contract period is 3 years (see https://www.mhlw.go.jp/topics/2003/11/dl/tp1111-1b.pdf). But there's an exception for professional positions that would enable universities to do 5-year contracts if they wanted to.

The legal issues that arise at universities then are about:

1. expectation to renew for < 10
2. applicability of the 5-year conversion rule vs. 10-year conversion rule.

inter alia.

 

[faithfound]

@hark Since OP is a 非常勤講師, even if the university renews the contract, OP would remain a 非常勤講師, without any research allowance, benefits, insurance, or pension, etc. If OP were a 常勤講師, then this thread would make sense and be worth the bandwidth, but OP is not in a promotable position. The argument is moot, as the university may be forced to extend OP's contract but not promote OP to a 常勤講師. Virtually all universities, unless located in a local area that cannot find a qualified 常勤講師, will not promote a 非常勤講師 to a 常勤講師, and the court will not intervene, as the positions are considered completely different and are not connected.

 

[hark]

@faithfound In the comment above, you seemed to be suggesting that the rules of employment affected what the OP wants to do. I didn't see OP or anyone else involved expressing confusion (as if often seen on jlife) that made it seem like permanent converting his part-time position would give him a promotion to full-time or full benefits. OP seems to correctly understand it doesn't. The court absolutely would not force them promote a part-timer to full-time.

I would also agree that for most part-timers, they don't waste their time considering this, because some (most?) universities don't bother worrying about whether part-timers convert because it's not really that much of a loss. Though, for pure language teachers, some universities do try to cancel them all every five years to avoid letting any of them stick around. Perhaps OP wants to avoid the possibility of being dropped?

So in a sense, I feel the weight of what you're saying but I don't think OP suggested that and rules of employment or writing "10 year rule applies" don't override the law. If OP wishes to use it for stability or something else they can.

Fwiw, your post is more applicable to my own situation, and my employer university has not budged an inch on anything since I permanently converted. This means my pay is acceptable but not exceptional. With the yen as weak as it is, strongly considering jumping ship for remote work.

 

[primarymay]

@faithfound I know 2 who converted at 10 years pre-covid. Very nice work environment, no one is being pushed away within the department.

(Most Japanese instructors I have met do not ever elect for contract conversation as it is seen as confrontational and self interested?)

 

[hark]

@primarymay actually impossible.

the conversion process required 10 years with the clock starting from April 2013. COVID hit in 2020 (https://www.mhlw.go.jp/content/11200000/000518486.pdf).

 

[primarymay]

@hark I must have been an internal university rule then. It was before my time. Two female colleagues went from limited 1 year FT to non-fixed FT.