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Hi Blog. This is an update to the Ninkisei Issue within Japan’s Academic Apartheid Education System, where foreign educators are given perpetual contracts. A contracted position may not sound bad to Western ears, but Japan’s tertiary education system (the second largest in the world) generally does not contract full-time Japanese educators. Since most full-time Japanese enjoy permanent tenure from day one of hiring, a contract becomes a term limit only for foreigners. Abuses of the system include “The Great Gaijin Massacre” of 1992-1994, where most foreign faculty above the age of 35 in National Universities (kokuritsu daigaku) found their contracts were not being renewed — in a successful attempt by the Ministry of Education to bring in younger, cheaper foreigners. Since these veteran teachers had not paid into overseas pension plans (and decades of Japanese pension payments are nonrefundable), they could not simply “go home”. They got stuck with part-time work with no benefits to pay house loans, fund kids’ college tuition, or fulfill pension plans.
According to Ivan Hall’s CARTELS OF THE MIND (WW Norton, 1998), there are more full-time foreign faculty with permanent tenure in one American university than in all of Japan! Not to mention a systemwide disdain (“academic apartheid”) towards foreign educators regardless of qualification, seeing them merely as cheap disposable labor. See the Blacklist of Japanese Universities, a list of institutions with breathtakingly unequal employment policies, at www.debito.org/blacklist.html
Now for the update. Let’s see what happened to the survivors a quarter century on. The upshot is that their turn to be fired is now coming. According to labor union expert CF:
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“I have given it a nickname – the “2018 Cliff” If you have been working from (April) 2013 continually on renewable contracts, then (March) 2018 will be 5 years of employment, therefore on April 1 2018, if you demand permanent employment, the company must keep you on as permanent – until retirement (albeit on the pre-2018 conditions) from April 2019. To avoid this, companies will be dumping staff before the end of March 2018 to avoid the transfer to permanent status （無期転換）. For better or worse, universities and research facilities deadline is 2023, so employees have an extra 5 years’ grace. The Cliff is coming, and many will be pushed off.
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COMMENT: So this is what NJ who persevered and contributed the bulk of their working lives to Japanese society, get at the end: An unceremonious dumping onto the job market, with no new place to go, and skills that will not easily transfer to their country of origin. And often before their MINIMUM 25 years (yes!) of required Japan-pension contributions are fulfilled.
People seeking to make a life in Japan: Beware! Dr. ARUDOU, Debito
What follows is a discussion that transpired on a labor-rights listserv I subscribe to. Posts are used and redacted with permission:
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Date: April 4, 2016
From: AB
Now going on three years, I was forced to resign in protest from a ’tenured’ position as an Associate Professor at [Honey Badger Japan] Jr. College. Going on 32 years, over half my life, living continuously in Japan – most of which was spent running from college to college as a hijokin adjunct, a graduate degree in T.E.S.O.L., research and publications, community out-reach work and international volunteer activities … phht … all gone.
How did HB Jr. College. do it? Or more importantly for fellow readers of this listserv, Easy. Here’s how it went down in my case.
Even after 11 years as a tenured full time member of the faculty, my department (only 8 full-timers at most) pretty much excluded me from any decision making processes at the required weekly meetings — and unlike my ethnic Japanese colleagues behavior towards each other, presumed to have the right to micro-manage my classes down to what language I should use in the classroom or in open campus activities, what materials are too easy, too difficult, or too unconventional for ‘my’ classes, and what pedagogic approaches I should use. A colleague (same age, became full-time when I did) opined that even on my weekends, I should first get departmental permission to use my English for volunteer activities … even in support of other departments at HBJC. I had no idea what they did on their weekends, could have been pachinko or Kabukicho for all I knew.
After some years of just shucking and jiving while bearing it all, I finally complained to the Gakucho (Dean), who reassured me that I was hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai. Of course, how could he have said anything other?
I reported this back to my gakka’s shunin (Head of Department) who said:
1 – The current Dean of the school is wrong.
2 – I was hired while under the administration of a previous Dean with different policies, and those unstated policies were still in effect.
3 – The Department will not include volunteer activities in its curricula this year, so I am forbidden to use my office or resources for community outreach activities with the local city government (I was on the board of directors of XXXXX City government’s Kokusai Koryu Kyoukai) and other volunteer activities … four trips (at my own expense) to [an impoverished Asian country] with students from my own school as well as students from other Tokyo colleges, accompanying my students to a local kindergarten to teach English … as well as XXXXX in-house high school, working with Soup no Kai supporting the homeless in Shinjuku, collaborating with an NGO supporting the severely handicapped, and so on. Things that I thought would have been expected for promotion in U.S. universities were expressly forbidden by two successive department chairmen.
I reported the Department Chairman’s opinion to the Dean, particularly comment 3 which seemed contradictory to the school’s raison d’être as stated on their glossy homepage. The Dean disagreed with the department opinion, and once again, reassured me that I am an equal among equals, and it is up to me to just ‘try harder’ to communicate with my colleagues.
I requested a meeting between the Dean and my Department Chairman to decide my status … whatever that might be … along with its attendant rights and obligations. No such meeting was forthcoming, and neither did either indicate any willingness to discuss, much less settle, the issue.
Informed by the Gakubucho (Dean of the Jr. College and also a member of my department) that I was entitled and eligible to take my one year research sabbatical, I parlayed my volunteer activities in [the impoverished Asian country] with [a local institute] to serve as my sponsor, I quit my one part-time job at XXXXXXX University, and just prior to preparing for a year abroad, was presented by the Dean with a one page document, in Japanese, drawn up specifically for me. No other teachers who had taken sabbaticals in HBJC’s over 120 year history had ever been required to sign such a document requiring me to obey ALL school wide rules and attendant obligations, as well as ALL departmental rules and attendant obligations.
I pointed out that those rules and obligations were contradictory and problematic … and that they, themselves, have as yet to have agreed upon my status and obligations. In that meeting with the Gakucho and Gakubucho, I told them that if I sign such a document, according to department rules, I was explicitly forbidden by my department to voluntarily help even my own seminar student prepare for the XXXXXXXXX Speech Contest. I had been the only one in the school since even before becoming tenured who took personal responsibility for speech contestant preparation. Her speech was about her first hand experience at a seaside community during the Great Tohoku Earthquake. I asked the Gakucho and the Gakubucho that if I signed the document forbidding me from helping that student, if they would take personal responsibility for that student’s still embryonic speech. I still have a digital recording of that meeting, and the only response you will hear is an awkward silence.
Pressed again to either sign, or not sign, at the risk of losing my sabbatical … I had to make a choice on the spot, either support the student, or support my ‘career’. With no family depending on me to bring home the bacon, I had the luxury of choice, so I refused to sign. Meeting ended. Research sabbatical immediately revoked.
A day or so later, I made a phone call to XXXXXX University explaining my sabbatical had been canceled and inquired whether I might retain my 3 koma one-day a week schedule. ‘Sorry, that position has already been filled’ was the courteous reply.
Later I received a letter from the head of the Board of Directors of HBJC Inc. telling me that as I have demonstrated no willingness or capacity to follow BOTH the school and the department rules, as of the following academic year, I was to be relieved of all rights to teach classes, and report to my office and await forthcoming orders to be later more clearly specified.
In the meantime, I joined a local union, showed up to a few larger union meetings, and talked with a lawyer — who said I would likely win a case against the school, but it would be a long, emotionally costly, pyrrhic victory at best. A year and a half later, a couple of meetings between the school lawyer and my labor union reps, and my allotted medical leave of absence had expired, leaving me with no choice but to either return to the school under the same conditions (no classes, no research sabbatical) … or resign.
In effect, fellow listserv readers, ignore this cautionary tale at your own peril. When push comes to shove, your ‘contract’ is not worth the paper it’s written on. Thinking that at age 60, with half a life-time experience, I could just start all over again and go back to life as an itinerant hijokin, living year by year. Ha. Can not even get beyond the faceless intercom voice at the new pre-school next door to my apartment to offer my services as an English volunteer (and here I am being led by mass media to believe the day care centers are in crisis mode) — much less even get a single koma of part-time work in Japan.
I will end this post with [this thought]: Earlier tonight, I saw on NHK 7 pm news that Tokyo Institute of Technology’s Dean gave the opening ceremony speech in English … ‘Be positive. Take chances’. What a crock. A goddamn Kabuki show. And followed at 7:30 pm by more Olympics-inspired panem et circenses in place of my beloved Hiroko Kuniya in prime-time ’Close Up Gendai’ … as if a bevy of ambitious cute young things in the late night CUG ‘plus’ will make up for her once or twice in a generation journalistic integrity. Sincerely, AB.
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Date: April 14, 2016
From: CD
AB, it sounds like you were put through hell and back. I’m really sorry to hear it!
I’ve advised a number of people in labor situations over the years, including six people over the last twelve months. To be honest, there seems to be a recent upswing in these kinds of cases, almost to the extent of the great “gaikokujin kyoushi” purge of the 90s. While I have my own theories, I’d be interested in reading other opinions about whether and why this may be happening.
I have a pretty good track record with labor cases, not to mention negotiating experience on both sides of the table. From this perspective, let me offer some general advice:
1) Regardless of the provocation, don’t ever quit (unless of course you have a great new job lined up). Let them fire you instead–being terminated gives you advantages later.
2) While certain things can be required of joukin (aka “tenured”) university faculty–to include both the submission of syllabi and the wording used in said syllabi–many of the things listed in AB’s post (e.g., language of instruction, specific pedagogical approaches and materials) usually cannot be demanded of university joukin. (Part-timers can have less protection.) The only exceptions to this that I know of would be where the language and pedagogical requirements were either known to the applicant before hire or represent standards developed and agreed to by all (to include AB) the joukin faculty responsible for these classes–situations seen mostly with intensive language programs or English-medium instruction (EMI) departments/institutions.
3) Given #2, and assuming that AB really was joukin (hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai), many of the issues described at his workplace fit the government’s definition of Power Harassment (パワハラ).
4) There are several legal remedies available to people in such situations, some expensive and some not so expensive. Regarding the latter, on February 13 in a post to this listserv, I described in detail a FREE (albeit slow) process where the city will fight your employer to stop the Power Harassment (to include even unlawful termination). Again, this process is SLOW–typically, it takes four months to a year to conclude a case. However, I have found it reasonably effective (they usually can negotiate better treatment/employment terms and/or buyouts)… and again it’s free.
5) As alluded to in #2, #3 and #4, the laws here are, to a surprising extent, designed to protect the employee. Moreover, even as a foreign contract worker, you sometimes (e.g., occasionally even in the case of contract non-renewal) have legal protections/recourses available to you that are not available in your home country. Failing to utilize them when wronged is… silly.
6) That said, join a union and try to prepare BEFORE trouble starts. Unions tend not to look favorably upon those who join only after something bad happens. Some will refuse outright to help, while others may be lukewarm in their support. In addition to joining a union, always keep everything (including the advertised copy of your job description and all pertinent emails) and document everything related to your job duties and work performance. While most likely you will never need them, the sad reality in this country is that you never really know. I personally have known foreigners who have had no problems for YEARS–sometimes over twenty years–only to come to work one day and suddenly find that they are no longer wanted.
7) If you need action/results quickly, use a lawyer–preferably one either contacted through your union or specializing in labor issues–and prepare to go to court. Remember that Japanese people DO sue their employers, and such lawsuits are not so rare. At my current university (and department…), there have been three (!) such lawsuits over the last eight years.
8) Know that, regardless of the strength of your case, your lawyer will never promise victory. (Typically, the best they’ll give you is a 50-50 chance if it goes to court.) That said, as I’ve posted numerous times before, your employer almost always does NOT want to go to court–because of the stigma involved in such cases, even winning represents bad publicity. Given this, employers in my experience will almost invariably seek to settle before going to trial.
9) Your employer will most likely lowball you with their first settlement offer and/or try to intimidate you into taking nothing. Now, the amount of settlement you can (should?) receive depends on many factors, including your hiring status (e.g., “joukin” or “ninki-tsuki”), years employed, the strength of your case and employer perception of your ability/willingness to fight. (I have personally found the last to be the most important factor.) That said, with regards to termination and contract nonrenewal cases, while every situation is different (and assuming you are not simply reinstated to your position), I’ve generally seen settlement ranges from four months to twelve months of salary.
Hope this helps! Sincerely, CD
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Date: April 14, 2016
From: EF
At this point I would advise against teachers to stay here after age 50 or even after 45, unless you have tenure. I met a teacher who is 57 and lost his job at [a National University] after 8 years. Seven other teachers were gotten rid of too. He has a Ph.D. in education but can only get part-time work now. I know another teacher in [a city near Tokyo] who has no job and he must be about 58 or 59 now.
At my new job in XXXXX City the form asked whether I want to get paid or even be paid for commuting. I guess they hope I will work for free. What do they want, retired teachers to just volunteer. This could be because of money problems. At a national university in Tokyo, with a deficit of 400 million yen, the university decides that the tea machine in the part-time teachers’ room has got to go. This is in Chofu. Sincerely, EF
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Date: April 15, 2016
From: GH
I would be wary of the idea that universities have an exemption to the five-year rule. There was a big discussion at my university about this last year, and the head of HR and one of the rijis told me that the wording of the exemption is not very clear (surprise surprise!) and that even among national universities, there was disagreement about what it actually means. Apparently, some universities are now taking the limit to be ten years whereas others are playing it safe and assuming it to be five. Wherever you work, it might be a good idea to find out how they are interpreting it.
My grasp of the legislation is not at the level of some of the posters here, but as I understand it, this new law comes with a number of loopholes anyway. For example, universities will still be able to cut part-timers if they are no longer needed because of “changes to the curriculum” regardless of how long they have worked there. A change to the curriculum could be something as minor as a tiny alteration to the name of a class (“the class that teacher taught is no longer offered at our university, so his/her services are no longer required”) so it seems to me that universities could still get rid of someone quite easily if they wanted to.
I think that in a perverse way, the situation will only become clear when the first person takes their institution to court. If / when that happens, all the other institutions will panic and there will be a huge cull. If it never happens, I guess universities will gradually forget about it. As I say, I am most certainly not an expert on this, but this is the situation as it was explained to me by the people in charge at my university. Sincerely, GH
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Date: April 15, 2016
From: AB
To: ARUDOU, Debito
Hello Debito san,
Maybe you remember our recent exchange in an e-mail saying I was working on my own writing chops to add to the ‘Great Dialog’ of culture … what it means to be a human, what do we mean by ‘education’, and so on. I have been doing so on Quora, and many times, have posted links to your web page to substantiate my more anecdotal arguments. I am grateful for your critical eye and sheer doggedness in providing a much needed source of information that deserves a wider audience.
I am now 60, and apparently locked out of a career track in academia … failing to gain even one koma of part-time work after two years of submitting resumes and showing up for interviews, failing to gain permission to resume doctoral studies at XXXX Japan, and even failing to gain admission to an on-line Master’s Degree course at XXXXXXXX University in the US. As such, I do not have the financial safety-net of any institution at my disposal, and neither do I have the presumption that I will some day regain such institutional protection. And being kanji illiterate, I don’t even know how much I don’t know about Japanese law and what obligations and rights to which I am entitled (similar to my being kept running circles in the dark at HBJC Inc.). Feeling the full force of the Dunning-Kruger effect here.
Despite an abundance of information from your website (and book – bought, but not yet read), and some well-considered and well-meant advice from listserv members, Facebook ‘buddies’, Quora, and even family back in the states … my day to day survival, even my sanity, is sustained by only three things:
1 – A small community made up primarily of a close circle of friends, mostly Japanese — and mostly here in Japan. I think the constraints of Dunbar’s Number has more than a little to do with this.
2 – The new found leisure to read from the great works of the liberal arts tradition as well as more recent STEM oriented material … and write — as therapy. It helps to have at my disposal more than a lifetime’s worth of books, music, movies, and a wall full of video lectures from The Great Courses series.
3 – A stubborn tenacity to stand by the values and beliefs I have gained from the above two.
Kind regards, Debito san. And keep up the good fight. Sincerely, AB.
ENDS
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