I am a permanent ‘seishain’ employee of a small international association (NPO). I’ve been working here for around 10 years. The association receives money from local government to carry out our projects etc. We’ve recently heard that the local government are going to prioritise English education and are planning to increase the budget for ALTs in our town next year…and correspondingly they have said that they are taking away the budget for my job (C.I.R)…
Do I have any rights in this situation, or should I just shrug my shoulders and get a new job?
3 comments
Sorry for the ignorance, what is CIR?
If your job is eliminated through to no funding, there is not much to do. This is a textbook case of what is allowed. What does your contract say? If you are a permanent employee and can do something else instead it may be relevant. It may also help you negotiate severance (1 month per year worked is standard) If you are contract, it may be difficult to get anything besides the rest of your contract. Unless it is ageism, I think it may not be worth it. After 10 years, I guess you have made some connections for this type of scenario? I guess you can try to become an ALT if that is something up your alley.
I would probably arrange for a consultation with a lawyer who specializes in employment/labor issues; just to have a close look at your existing contract, and to advise you on your rights and what some of the possible outcomes could be.
I think one thing you need to ascertain and be clear about is: if you are a permanent employee (saishain (正社員)), or if you are a contract employee (keiyakushain (契約社員)) with an “indefinite term”/permanent contract (*mukirodo keiyakyu (無期労働契約)*). They are not the same.
If you are a contract employee, your employer is only required to give you 30 days notice – regardless if you have a fixed term contract, or an “indefinite term”/permanent contract.
If you are a permanent employee, all of the following conditions *must* be met before your employer can terminate you:
* The employee is not deemed “necessary” for business operations
* The company demonstrates making an effort to avoid termination
* The company’s selection of personnel is deemed “appropriate”
* The company has given sufficient explanation to the employee
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Over the years with them, have you received any promotions? I am to understand (but might be mistaken) that one element of a contract employee is that they can’t be promoted – so, if you have never been promoted, there is a good chance you are *not* a permanent employee. But please do consult with a lawyer, and don’t take the postings of a random internet person as fact.