The rise of non-regular employment has received a lot of coverage because of its effect on job security in the general work force. A seldom discussed side effect is the acute anxiety experienced by non-regulars as their contracts approach their expiration dates. Will mine be picked up for another year? Will I have to go out and look for a new job next month?
For public non-regular employees this emotional roller coaster starts right after Jan. 1, since most contracts end with the fiscal year in March. And for those who have been working in the same position for an extended length of time, there is no solace in the new law that goes into effect this year and which says an employer must hire a contract worker as a regular full-time employee, complete with benefits, if the worker has been in the same position for five years.
Though it’s assumed that many employers will work the loophole by not renewing a contract just before the five-year period is reached and then hiring the person back after a six month “cooling off” period with an open-ended contract, non-regulars who work in the public sector aren’t covered by the new law in the first place. They can be retained as non-regulars indefinitely.
This exception was highlighted when the labor ministry announced that 2,200 non-regular members of its unemployment advisory staff had not had their contracts renewed for fiscal 2013. That represents 10 percent of all the non-regulars employed at Hello Work counseling centers nationwide, and presents an interesting scenario: Former employment counselors who themselves must seek employment advice.
In fact, a Tokyo Shimbun article described one woman in her 50s who received her notice in early March while she still had several weeks on her contract. Though she knew there was always the possibility her yearly contract would not be renewed the lateness of the notice (the media reported the announcement as being “sudden”) caught her off-guard.
In the last weeks of March she was looking for a new job at Hello Work on Saturdays while still working Monday through Friday at the same facility counseling people who themselves were looking for jobs.
One part of the new law that was already in effect before April 1 is to make the practice called yatoidome illegal. “Yatoidome” means nonrenewal of an employment contract for “no good reason,” but, of course, “good reason” constitutes a gray area that the Japanese legal system isn’t equipped to address. It is this part of the law that doesn’t apply to public workers, supposedly because non-regular government employees are only hired as stopgap workers, meaning people employed to fill certain positions on a temporary basis. They do not have to pass a test the way full-time regular civil servants do. However, in many cases, these workers become as indispensable as regular employees. In 2012, 63 percent of all Hello Work employees were non-regulars.
As for why the labor ministry decided to effectively lay off so many employment center staff at one time, a representative told the media that the ministry hired extra contract workers when the recession worsened in 2008 and again after the disaster of 2011, but now the job situation “is stabilizing” so the ministry doesn’t need as many counselors. Some laid-off employees counter this explanation by claiming that their workloads have been heavier in recent months, not lighter, especially in areas most affected by the disaster. What may have sparked the layoffs was the finance ministry, which has been auditing budgets across all government agencies and ministries and demanding cuts.
The yatoidome exception doesn’t just apply to national public workers. One-third of all local government employees, or about 700,000 people, are also non-regulars. That’s an increase of about 100,000 since 2008, according to a labor ministry survey. Of these, 60 percent work more hours than regular employees. More than half of these non-regulars make less than ¥160,000 a month or ¥2 million a year. And because they are technically part-timers, they are not up for promotions or salary increases. The most prevalent jobs in this category of public worker is day care attendant and librarian, but it also includes policemen, firemen and school teachers.