Paid Vacation Labor Law in Japan

I am about to sign a new contract for my second year of English Teaching as an ALT. The first year's contract gave me 7 days paid vacation for the 216 days I worked. I only used 3 of those days. This year, the new contract only says 5 days (instead of 7). When I asked my employer about it I was told that I get one additional day of vacation for my second year, combined with the 4 days left from my first year, that makes 5 days. From the charts I found online it describes that in a second year I should get 8 days of paid vacation. I would imagine that means 8 new days in addition to my 7 that I got in the first year, but my employer seems to be interpreting it as 8 days total from the start of my first contract.

Can anyone with more knowledge on the subject clarify this for me? Is my employer trying to cheat me?

Labor law defined a minimum of 10 paid holidays per year for full time employees in their first year. 11 in their second year.

However, since you do not seem to be a full time employee (with only 216 working days per year), the above law might not apply to your case.

You possibly have a case to take to the Labour Standards bureau, as you should not have fewer holidays in your second contract than your first. Normally paid holidays are cumulative, so it does look like your boss is trying to pull a fast one on you.

If you decide not to contest it or leave, make sure you use all your holidays this time if possible...

Normally if you got 7 in the first year, you should get at least the same number 7 for the second year; or you might get 8, seeing how they add one day each year normaly to the "base" number. (You don't get 8 on top of the 7, that's not right.)

Whether they allow you to do a cumulative count from the first year (meaning they let you add the 4 remaining to the new 7/8 days you get in the second year) is a different question. Cumulative count is normally for full-time, indefinite-period contract employees, and maybe not applicable to an annual contract worker.

In any case, if you came in as a new-hire and signed the contract, you would get 7, so you should ask at least for that (to be used during the second year), and possibly a "raise" to 8.

I did a bit more esearch... for full-time employee, what Uji said applies - it starts from 10 days in the first year, then 11 days the next year, etc. For non-full time employees who work equivalent to 4 days a week (which somehow adds up to 216 days a year) or less, if you work at least half a year, you get 7 days, then if you work 1.5 years you get 8 days, etc.

I cannot tell from the law whether cumulative count is mandatory. But in any case, you were entitled to 7 days during the last contract term, and you are entitled to 8 days at least in the second term. "Normally" the vacation days can be carried over to the next year if not used, under this new term you should be entitled to 8 days plus 4 days left over. Note that the 4 days cannot be carried over further to next year if unused. So be sure to use up at least the 4 days during this contract term.

Check out article 39 below. I think you would fall under (3) of article 39 as you work 216 days.
http://www.cas.go.jp/jp/seisaku/hourei/data/LSA_2.pdf

I can't find the table for employees of category (3) of article 39, but definitely it starts from 7 days and goes up to 8, 9, etc. days per year.

This page which outlines the Labor Standards Law in Japanese has that explained under Section 22.

http://www.roudoukyoku.go.jp/seido/kijunhou/k-aramasi.h...

i am unclear from your post whether you are full time or part time. certainly when i was an ALT i worked fewer days but i was still full time.

manmy ALTs don't work the entire month on August and receive 60% pay for this month. This is not because their employer is generous but because the law requires it.

a full time worker is entitled to 10 paid days holiday per year to use within reason whenever they want to.

because of the large number of non-working days some ALTs
have, the government allows the company to reduce the number of paid days to 5 but only if your union or majority of workers or representave has agreed to it.

so i am a little confused as to why you have 7 days.

technically you are not entitled to paid holidays until after 6 months of work.

When you sign your new contract you become a second year worker. the company cannot say you are a first year worker again. technically i think under japanese law if you sign for your second year you become a permanent employer (i'm not 100% on this). you are entitled to an extra day in your second year but again you are not entitled the extra days until 18months (or 6 months into your new contract).

you can carry forward your non-used holidays from the first year to the second year. if you don't use them in the second year they disappear.

to cut a long story short if you were entitled to 7 days in your first year, then you are entitled to 8 in your second year. if you only used 3. then you have 4 to use now and you get another 8 in 6 months.

the labour law trumps contract law. so even if you sign your contract, you can complain at the labour standards office later and your employer won't have a leg to stand on.