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招招招招 ()() The Japan Exchange and Teaching Programme TERMS AND CONDITIONS [English Version] (proposed) (Coordinators for International Relations & Assistant Language Teachers) I GENERAL RULES & PROVISIONS (Purpose) Article 1 These appointment terms and conditions (hereinafter referred to as “terms and conditions”) are written with the purpose of establishing the working conditions for the Japan Exchange and Teaching Programme participants (hereinafter referred to as “the JET”) in ____________Prefecture (hereinafter referred to as “the Prefecture”). (2) Working conditions for the JET which are not set out in these terms and conditions shall be determined on the basis of the Labour Standards Act (Showa Year 22 Law #49; hereinafter referred to as “the Labour Act”) and any other relevant ordinances/laws (hereinafter referred to as “other ordinances/laws” in conjunction with the Labour Act). (Definitions) Article 2 The meanings of the following expressions used in these terms and conditions are set out in the following items: 1. CIR: A JET engaged in internationalisation activities. 2. ALT: A JET engaged in language instruction as an assistant under the guidance of language teachers’ consultants or Japanese teachers of foreign language placed mainly at boards of education, elementary, junior and senior high schools. 3. Supervisor: The head of the organisation in which the CIR or ALT is appointed. 4.Week: The period of time from Sunday to the immediately following Saturday. 5. Month: The period of time from the first day to the last day of the relevant month.
Transcript

招致外国青年任用規則(英文)(案)The Japan Exchange and Teaching Programme

TERMS AND CONDITIONS [English Version] (proposed)

(Coordinators for International Relations & Assistant Language Teachers)

I GENERAL RULES & PROVISIONS

(Purpose)

Article 1 These appointment terms and conditions (hereinafter referred to as “terms and conditions”)

are written with the purpose of establishing the working conditions for the Japan

Exchange and Teaching Programme participants (hereinafter referred to as “the JET”) in

____________Prefecture (hereinafter referred to as “the Prefecture”).

(2) Working conditions for the JET which are not set out in these terms and conditions shall be

determined on the basis of the Labour Standards Act (Showa Year 22 Law #49; hereinafter

referred to as “the Labour Act”) and any other relevant ordinances/laws (hereinafter referred to

as “other ordinances/laws” in conjunction with the Labour Act).

(Definitions)

Article 2 The meanings of the following expressions used in these terms and conditions are set out

in the following items:

1. CIR: A JET engaged in internationalisation activities.

2. ALT: A JET engaged in language instruction as an assistant under the guidance of language

teachers’ consultants or Japanese teachers of foreign language placed mainly at boards of

education, elementary, junior and senior high schools.

3. Supervisor: The head of the organisation in which the CIR or ALT is appointed.

4. Week: The period of time from Sunday to the immediately following Saturday.

5. Month: The period of time from the first day to the last day of the relevant month.

6. Contracting organisation: The organisation that appoints a CIR or an ALT.

II DUTIES

(Duties of the CIR)

Article 3 The CIR shall perform duties as specified by the Supervisor and as set out in the following

items:

1. Assistance in projects related to international activities carried out by the contracting

organisation. Such activities may include: editing, translating and compiling publications

into a foreign language; assisting in planning, designing and implementing international

exchange programmes including international economic exchange programmes; assisting in

hosting official guests from abroad and interpreting at events for overseas visitors or for

local foreign residents in the community.

2. Assistance in language instruction of employees of the contracting organisation and local

residents.

3. Assistance with and participation in activities of local private groups or organisations

engaging in international exchange.

4. Assistance in exchange activities (including school visits) related to local residents’ cross-

cultural awareness and understanding as well as in supporting activities for foreign residents

in Japan.

5. Other duties as deemed necessary by the Supervisor.

(Duties of the ALT)

Article 4 The ALT shall mainly perform duties as specified by the Supervisor and/or principal of the

board of education and/or school, as set out in the following items:

1. Assistance in foreign language classes, etc. taught in junior and senior high schools.

2. Assistance in foreign language activities, etc. in elementary schools.

3. Assistance in preparation of materials for teaching a foreign language.

4. Assistance in language training for teachers of a foreign language, etc.

5. Assistance in extracurricular activities and club activities.

6. Provision of information on language and other related subjects for people such as teachers’

consultants and foreign language teachers (e.g. word usage, pronunciation, etc.)

7. Assistance in foreign language speech contests.

8. Engagement in local international exchange activities.

9. Other duties as deemed necessary by the Supervisor or the school principal.

(2) The ALT may, at the Supervisor’s specification, be required to visit schools, be posted to a

designated school under the jurisdiction of the Prefecture, or perform a combination of the two

above.

III DURATION & TERMINATION OF APPOINTMENT

(Term of Appointment)

Article 5 The JET’s appointment shall commence on _____________ and end on _____________ .1

(2) Upon completion of the aforementioned term of appointment, the Prefecture may reappoint the

JET for a period of one year if he/she is deemed competent to fulfill his/her duties.2

(3) Notwithstanding Section (2) above, the term of appointment for a JET in his/her fifth year of

participation shall not be renewed by the Prefecture after the completion of the appointment

stipulated in Section (1) above.

(Resignation)

Article 6 The JET must perform duties for the term of appointment as specified above. However, in

extreme circumstances when the JET resigns before the end of his/her term of

appointment due to unavoidable circumstances, the JET must give notice of said

resignation at least 30 days in advance, inclusive of the date of the intended resignation.

(Dismissal)

Article 7 The Prefecture may dismiss the JET for any of the reasons set out in the following items:

1. Violation of the Japanese Constitutional Law, other Japanese regulations, or the terms and

conditions established herein.

2. Imprisonment or heavier sentence.

3. Behaviour significantly inappropriate to the duties of a JET.

4. Serious mental or physical illness or injury which renders the JET unable to fulfil his/her

duties.

5. Unsatisfactory performance of duties which is not expected to improve.

6. Non-performance of work duties for more than 60 consecutive days (the following are not to

be included in the counting of these 60 days: the period of 30 days following either non-

performance of work duties caused by injury sustained as a result of work duties or

commuting or; the period of absence allowed for special leave as is set out in Article 15

Section (1) Items 5 and 6).

7. Any of the information provided within the JET’s application materials proves to be untrue

or inaccurate.

(2) In addition to the cases listed above, the Prefecture may dismiss the JET if the Prefecture is

unable to pay the JET’s remuneration due to a non-approval or reduction of the budget in the

assembly of the Prefecture. In this case, the Prefecture shall give either 30 days notice, or pay

the JET one month’s remuneration upon dismissal.

IV REMUNERATION & OTHER FINANCIAL COMPENSATION

(Remuneration)

Article 8 The JET’s remuneration shall be 280,000 yen (3,360,000 yen per year) in the first year of

appointment, and, if the JET is reappointed, 300,000 yen (3,600,000 yen per year) during

the JET’s second year of appointment, 325,000 yen (3,900,000 yen per year) during the

JET’s third year of appointment, and 330,000 yen (3,960,000 yen per year) during the

JET’s fourth and fifth years of appointment.

(2) The remuneration shall be paid on the _________day of each month. If this day should fall on a

holiday or a day on which the JET is not required to perform duties, the remuneration shall be

paid on the earliest preceding day which is neither a holiday nor a day on which the JET is not

required to perform duties.

(3) If the JET starts or terminates his/her term of appointment part-way through the month, the

amount of remuneration for that month shall be calculated on a pro rata daily basis, subtracting

the number of workdays stipulated in Article 11 Sections (2) and (3) on which the JET was not

required to work from the number of workdays in the remuneration period to determine the

number of days for which remuneration shall be paid.

(4) The hourly rate shall be calculated by multiplying the monthly remuneration by 12, and

dividing that amount by 52 times the weekly work hours stipulated in Article 11 Section (1).

(Reduction of Remuneration)

Article 9 If the JET does not perform his/her duties during required work hours, except for cases

specified within these terms and conditions, the remuneration specified in Article 8

Section (1) above shall be reduced on an hourly basis utilising the hourly rates specified

in Article 8 Section (4) above. In cases in which it is impossible to deduct the calculated

amount from the remuneration of a given month, the deduction shall be made from the

following month’s remuneration.

(2) In accordance with the above section regarding calculations for non-performance of duties

during required work hours, should the JET's total period of non-performance of duties during

the month include an incomplete portion of an hour, a period of time less than 30 minutes is to

be disregarded, and a period of 30 minutes or more is to be rounded up to a full hour.

(Travel and Other Expenses)

Article 10 When the JET travels for the purpose of performing his/her duties, the JET’s travel

expenses shall be reimbursed in accordance with the same procedure as is used for

regular employees.

(2) The Prefecture shall provide a travel allowance to the JET for passage to Japan in order to

assume his/her position, and passage to return to his/her home country.3 However, a return

airfare shall only be paid to the JET if he/she fulfils all of the following conditions:

1. The JET completes his/her term of appointment specified in Article 5 Section (1).

2. The JET does not enter into subsequent employment with the Prefecture or a third party in

Japan within one month after completion of his/her term of appointment.

3. The JET leaves Japan to return to his/her home country no later than one month from the

day following the end of his/her term of appointment.

(3) Notwithstanding the above section, in the event that the JET has no alternative but to return to

his/her home country before the completion of his/her term of appointment for reasons beyond

his/her control, a return airfare may be provided if deemed necessary at the discretion of the

Supervisor.

Article 10-2 The Prefecture may claim compensation for any actual damages it sustains as the result

of actions such as the JET returning to his/her home country without just cause.

V HOURS, HOLIDAYS, LEAVE & ADDITIONAL LEAVE

(Duty Hours)

Article 11 The JET shall perform duties 35 hours a week exclusive of break time.

(2) The JET’s hours of duty shall be ___________________________, with Saturday and Sunday

as days on which the JET is not required to perform duties. The time ______________ shall be

designated as break time; this time may be utilised as the JET desires.4

(3) Notwithstanding the terms and conditions above, the Supervisor may instruct the JET to

perform duties at times outside of the period specified in the above section. In such cases,

compensatory days off shall be given within 4 weeks inclusive of the relevant week so that the

average hours of duty per week in the 4-week period does not exceed 35 hours.

(4) As specified in the section above, in accordance with Article 32 of the Labour Act, the JET shall

not be required to work more than 40 hours in one week, and the JET shall not be required to

work more than 8 hours in one day. Furthermore, in accordance with Article 35 Section (1) of

the Labour Act, at least one day each week on which the JET is not required to perform duties is

to be allocated.

(5) Notwithstanding the hours set out in Section (2), the Supervisor may instruct the JET to change

the duty hours and break time. Even in cases such as this, the JET will not be required to work

more than _______________.5

(Holidays)

Article 12 The days identified in the following items shall be classed as holidays.

1. Japanese national holidays (those defined by Article 3 of the Japanese National Holiday

Law (Showa Year 23 Law #178)).

2. New Year’s holiday (the period from 29 December to 3 January of the following year).

(2) Notwithstanding the above terms and conditions, the Supervisor may, having determined a

compensatory holiday beforehand, instruct the JET to perform duties on any of the holidays

specified in Article 12 Section (1) above.

(3) Holidays are to be paid.

(Yearly Paid Leave)

Article 13 During the term of appointment stated in Article 5 Section (1), the JET can take _____

days of yearly paid leave, individually or consecutively. For the JET’s first term of

appointment, the JET will be allocated ____ days of this leave upon commencing

work, and will be allotted the remaining days on _______. Upon request and with

sufficient reason, the Prefecture may grant the remaining days before the date above.

This yearly paid leave may be taken in hourly units. These yearly paid leave rules do

not apply to JETs who are reappointed for another term.

(2) In the case that the JET, having completed the term of appointment stated in Article 5 Section

(1), is reappointed by the Prefecture for another term, up to days of unused yearly paid leave

may be carried over to the new term of appointment (excluding paid leave carried over from the

previous term of appointment in accordance with this section).

(3) If the period of the requested paid leave would interfere with smooth work operations, the

Supervisor may change the date of the JET's requested paid leave.

(Sick Leave)

Article 14 The period of sick leave shall be the minimum period necessary when an illness or injury

is acknowledged to result in the unavoidable inability to perform duties.

(2) The maximum period of sick leave to be used at one time shall not exceed a total of 20

consecutive days, beginning with the first day that duties are not performed (including holidays

and days on which the JET is not required to perform duties; in the following sections, the

counting of days follows the same procedure). If the period between two sick leave periods is

less than seven days, the two periods shall be taken as consecutive sick leave.

(3) Sick leave is to be paid.

(Special Leave)

Article 15 Special leave shall be provided for the periods set out in the following items:

1. (Bereavement Leave) Death of a parent, spouse, or child: a period of up to ten consecutive

days. Death of a sibling or grandparent: a period of up to five consecutive days.

2. (Marital Leave) Marriage of the JET: a period of up to five consecutive days.

3. (Natural Disaster Leave) Damage to the JET’s place of residence in the event of a natural

disaster: the period the Prefecture deems necessary according to the degree of damage.

4. (Commuter Transport System Failure Leave) Failure of the transportation system used for

commuting as the result of an accident or other problem: the period until the transportation

system failure has been resolved.

5. (Pre-natal Leave) The requested period, from up to six weeks before a female JET’s delivery

due date (fourteen weeks for a pregnancy involving more than one child) until the date of

delivery is reached.

6. (Post-natal Leave) A period of eight weeks counting from the day after a female JET has

delivered a child (provided that at least six weeks have passed counting from the day after

the birth, if the JET applies to return to work earlier and the JET is assigned to duties that a

doctor accepts as not being harmful to her, then the period after she returns is not counted as

post-natal leave).

7. (Nursing Time) For a female JET who is the mother of a child under the age of one: two

times per day for up to 30 minutes each.

8. (Menstrual Leave) Days when a female JET is unable to work due to severe menstrual

discomfort.

9. (Parental Leave) Time off work for the JET to care for his/her ill/injured pre-school-aged

child (includes spouse’s child) as deemed necessary: a period of up to five days (ten days if

he/she is the caretaker of more than one child).

10. Any other time the Supervisor deems there is a special need: the period of time the

Supervisor deems necessary.6

(2) The special leave specified above from Item 1 to Item 4 and Item 10 are to be paid, and from

Item 5 to Item 9 are non-paid.7

(Additional Leave)

Article 16 Aside from the conditions of Article 15 Section (1) Items 5 and 6 above, if the JET, due

to an illness (excluding the illnesses specified in Article 18 Section (1) below), injury,

or other unavoidable reason is not able to perform duties for more than 20 consecutive

days (including holidays and days on which the JET is not required to perform duties;

in the following sections, the counting of days follows the same procedure), the

Prefecture may, upon application from the JET, grant the JET additional leave as

deemed necessary.

(2) In the circumstances stated above, payment of remuneration during the period of additional

leave shall be as set out in the following items:

1. When the JET is unable to perform duties due to illness or injury sustained while performing

duties, the JET’s remuneration shall be paid in full minus the stipend allocated from Local

Public Servants’ Accident Compensation, etc. during the period of additional leave.

2. When the JET is unable to perform duties for reasons other than those stated in Item 1

above, the remuneration shall be paid in full for the first 30 days of the period of absence,

counting from the first day of the preceding leave. For the period from the 31st day to the

60th day, the JET shall be paid one half of the remuneration. From the 61st day

remuneration shall not be paid.

(Prosecution Leave)

Article 17 If the JET is prosecuted for involvement in a criminal offense, the Prefecture has the

authority to put the JET on prosecution leave.

(2) If the JET is put on prosecution leave according to Section (1) above, six-tenths of the

remuneration shall be paid for the period of prosecution leave.

(Prohibition of Duties)

Article 18 If the JET has a contagious disease or other illness as set out in the following items, the

Prefecture may prevent the JET from performing duties:

1. The fear exists that the JET with a contagious disease is not taking measures to prevent the

spread of the disease.

2. The fear exists that labour will significantly worsen a heart, kidney or lung disease from

which the JET suffers.

3. The JET is affected by a disease, similar to those above, as determined by the Minister of

Health, Labour and Welfare.

(2) In the cases stated above, payment of remuneration for the period during which the JET does

not perform duties shall be regulated as in Article 16 Section (2) above.

(Procedure for Taking Leave and/or Additional Leave)

Article 19 When the JET wishes to make use of leave as specified in Article 14 Section (1) and

Article 15 Section (1) Item 1 to Item 4 above, the JET must submit a request and obtain

approval from the Supervisor before taking the requested leave, stating the number of

days. The JET must also request and obtain approval for the special leave specified in

Article 15 Section (1) Item 10, stating the number of days and the reason for the taking

of leave as well. However, if the JET, for unavoidable reasons, cannot submit the

request beforehand, the JET must do so and obtain approval from the Supervisor as

soon as conditions permit.

(2) When the JET wishes to make use of the special leave specified in Article 15 Section (1), from

Item 5 to Item 9 above, the JET must submit a request to the Supervisor for the days requested.

However, if the JET, for unavoidable reasons, cannot submit the request beforehand, the JET

must do so as soon as conditions permit.

(3) If the JET intends to take sick leave of more than three consecutive days due to illness or injury,

or to apply for additional leave, the JET must submit a medical doctor’s certificate to the

Supervisor. In this case, there are times when the Supervisor, if the Supervisor deems it

necessary, may require the JET to undergo an examination by a designated medical doctor.

Furthermore, if the Supervisor deems it necessary, the Supervisor may request the submission

of a medical doctor’s certificate or other supporting documentation, even if the JET takes leave

equal to or less than three days.

(4) When a situation occurs that would be reason for additional leave according to Article 17

Section (1), or a prohibition of duties according to Article 18 Section (1), the JET must inform

the Supervisor of the facts as soon as possible.

VI OFFICE REGULATIONS & RESTRICTIONS

(Responsibility to Obey Work Orders)

Article 20 The JET shall faithfully observe his/her superiors’ orders on matters pertaining to the

performance of duties.

(Evaluation of Work Performance)

Article 20-2 The Prefecture shall conduct an evaluation of the JET’s performance of duties, based on

a separate predetermined outline.

(Diligence)

Article 21 The JET shall devote his/her full working hours and occupational attention to the

discharge of duties in these terms and conditions, except for cases specially stated in

these terms and conditions.

(Conduct Restrictions)

Article 22 The JET shall not behave in a manner which would discredit or damage the reputation of

the Prefecture or the JET Programme.

(Confidentiality)

Article 23 The JET shall not reveal any confidential matters the JET comes to know while

performing duties. Furthermore, this restriction shall continue to apply after the

completion or termination of the term of appointment.

(Prohibition of Sexual Harassment)

Article 24 The JET shall not cause displeasure to other employees or cause harm to the work

environment by way of sexually loaded comments or actions.

(Restrictions Against Involvement in Profit-Making Enterprises)

Article 25 Without receiving the Supervisor’s permission, the JET shall not become a member of

the board of any organisation, be employed by any party other than the Prefecture, nor

become involved in any enterprise or business from which the JET receives

remuneration, other than that of the Prefecture.

(Religious Activities and Other Restrictions)

Article 26 The JET shall not be involved in religious or political activities which are in any way

related to his/her work duties.

(Restrictions Against Operating Motor Vehicles)

Article 27 Except for commuting from place of residence to the designated place of work, the JET

shall not operate a motor vehicle for duty-related matters without the permission of the

Supervisor.

VII DISCIPLINE

(Disciplinary Action)

Article 28 If any situation set out in the following items arises, the Prefecture may discipline the

JET by means of admonition, reduction of remuneration, suspension, and/or dismissal.

1. Violation of the Japanese Constitutional Law, other Japanese regulations, or the terms and

conditions established herein.

2. Imprisonment or heavier sentence.

3. Behaviour inappropriate to the duties of the JET.

4. Unsatisfactory performance of duties by the JET.

(2) The meaning and result of the disciplinary actions specified above shall be interpreted as set out

in the following items:

1. Admonition: the JET shall be admonished in writing concerning the conduct in question.

2. Reduction of Remuneration: for each disciplinary action, the remuneration shall be reduced

by one-half of one day’s average daily pay. However, when more than one disciplinary pay

reduction is made in the same month, the total amount of reduction shall not exceed one-

tenth of the monthly remuneration.

3. Suspension: the JET shall be prohibited from performing his/her duties for a designated

period of up to seven days, and remuneration will not be paid for this period.

4. Dismissal: the JET shall be immediately dismissed without advance notice. In this case,

compensation pursuant to Article 20 of the Labour Standards Act will not be provided if

authorisation is obtained from the appropriate Labour Standards Inspection Office.

VIII LOCAL PUBLIC SERVANTS’ ACCIDENT COMPENSATION ORDINANCE, ETC.

(Local Public Servants’ Accident Compensation)

Article 29 In cases where the JET sustains a casualty (herein defined as injury, illness, physical

disorders, or death; the same definition applies below) while performing public service

duties or while commuting, the JET may receive compensation according to the

regulations established for the Industrial Accident Compensation Insurance Act (Showa

Year 22 Law #50), or the Local Public Servants’ Accident Compensation Ordinance for

non-regular employees.

(Compensation for Non-duty Related Casualty)

Article 30 The Prefecture shall, by contracting for a personal-injury insurance policy, consider

compensation for the JET if a casualty is sustained during a period other than

performance of duties or commuting periods.

FOOTNOTES

1 The starting and ending dates of the appointment are to be entered here.

(1) The starting date of the appointment is to be the day after arrival date in Japan as designated

by the Council of Local Authorities for International Relations (CLAIR). The ending date is

to be exactly one year from the starting date.

For all JETs arriving after Group B arrival, the ending date of the appointment shall

be one year from the day after JETs in Group B arrived in Japan.

For all April arrival JETs from China, Korea, Brazil and Peru arriving after April

arrival, the ending date of the appointment shall be one year from the day after April

arrival JETs arrived in Japan.

For JETs who arrive after April but before July/August arrival (excluding participants

from China, Korea, Brazil and Peru), the starting date of the appointment shall be the

day after arrival in Japan, and the ending date shall be exactly one year from the

starting date.

(2) The starting date for JETs who have been reappointed for another year shall be the day after

the previous year’s appointment expires and the ending date shall be exactly one year

later. However, excluding JETs from China, Korea, Brazil and Peru, the ending date of the

first reappointment for April arrival JETs and JETs who arrived after April but before

July/August arrival shall be the same end date as Group B arrival JETs who arrived in the

same year as the said participant.

2 Excluding JETs from China, Korea, Brazil and Peru, note that the length of appointment for the

first reappointment for April arrival JETs and JETs who arrived after April but before

July/August arrival shall be the period of time outlined in note 1 (2) above. Each reappointment

from the second reappointment onwards shall be one year. Therefore, April arrival JETs or JETs

who arrived after April but before July/August arrival that have been appointed five times will

have been appointed for a maximum total period of five years and four months.

3 Expenses pertaining to the JET’s move to Japan shall be borne by the contracting organisation

through the payment of travel expenses to CLAIR in accordance with the notice issued by

CLAIR.

Return expenses via the most reasonable and standard route to the nearest international airport

in Japan (where flights to the JET’s home country are available) and airfare from the said

airport to the designated airport of departure in the JET’s home country (home country for

domestic arrivals who travelled to their placement from within Japan) or the equivalent amount

shall be borne by the contracting organisation according to the travel expense regulations of that

contracting organisation.

4 Each contracting organisation is to decide the use of the weekly 35 hours as appropriate to

circumstances. For example, 7 hours per day starting at 8:30 a.m., or four 7 hour 45 minute days

and one 4 hour day per week (e.g. Monday through Thursday being 7 hour 45 minute days with

Friday being a 4 hour day).

(1) 7 hours per day

“Hours shall be from 8:30 a.m. to 4:30 p.m. from Monday through Friday with Saturday

and Sunday as days on which the JET is not required to perform duties. The time from

12:00 p.m. to 1:00 p.m. from Monday through Friday shall be designated as break time.

Break time may be utilised as the JET desires.”

(2) 7 hour 45 minute days Monday through Thursday with 4 hours on Friday

“Hours shall be from 8:30 a.m. to 5:15 p.m. from Monday through Thursday and from

8:30 a.m. to 1:30 p.m. on Friday with Saturday and Sunday as days on which the JET is

not required to perform duties. The time from 12:00 p.m. to 1:00 p.m. from Monday

through Friday shall be designated as break time. Break time may be utilised as the JET

desires.”

5 The following are possible addenda to the examples given in note 4 above.

(1) 7 hours per day

“In this case hours should not exceed 7 hours per day.”

(2) 7 hours 45 minutes per day Monday through Thursday with 4 hours on Friday

“In this case hours should not exceed 7 hours 45 minutes per day Monday through

Thursday or 4 hours on Friday.”

6 Those times, such as residence registration after arriving in Japan, applying for extension of

period of stay, etc., as deemed necessary by the Supervisor.

7 These terms and conditions grant Parental Leave as unpaid. However, if the contracting

organisation deems that Parental Leave is to be paid, it shall be written as

“(2) The special leave specified above from Item 1 to Item 4, Item 9, and Item 10 are to be paid,

and from Item 5 to Item 8 are non-paid.”

  

招致スポーツ国際交流員任用規則(英文)(案)

The Japan Exchange and Teaching Programme

TERMS AND CONDITIONS [English Version] (proposed)

(Sports Exchange Advisors)

I GENERAL RULES & PROVISIONS

(Purpose)

Article 1 These appointment terms and conditions (hereinafter referred to as “terms and

conditions”) are written with the purpose of establishing the working conditions for the

Japan Exchange and Teaching Programme Sports Exchange Advisor participants (the

special category of participant promoting international exchange through sports -

hereinafter referred to as “the SEA”) in ____________Prefecture (hereinafter referred to as

“the Prefecture”).

(2) Working conditions for Sports Exchange Advisors which are not set out in these terms and

conditions shall be determined on the basis of the Labour Standards Act (Showa Year 22 Law

#49; hereinafter referred to as “the Labour Act”) and any other relevant ordinances/laws

(hereinafter referred to as “other ordinances/laws” in conjunction with the Labour Act).

(Definitions)

Article 2 The meanings of the following expressions used in these terms and conditions are set out

in the following items:

1. Supervisor: The head of the organisation in which the SEA is posted.

2. Week: The period of time from Sunday to the immediately following Saturday.

3. Month: The period of time from the first day to the last day of the relevant month.

4. Contracting organisation: The organisation that appoints an SEA.

II DUTIES

(Duties of the SEA)

Article 3 The SEA shall perform duties as specified by the Supervisor and as set out in the

following items:

1. Assistance with projects related to sports activities carried out by the contracting

organisation. Such activities may include advising on planning, designing and implementing

sports projects.

2. Assistance with sports training of promising local athletes.

3. Assistance with sports training of contracting organisation’s employees and local residents.

4. Assistance with and participation in sports activity planning conducted by local private

groups or organisations that engage in sporting events.

5. Other duties as deemed necessary by the Supervisor.

III DURATION & TERMINATION OF APPOINTMENT

(Term of Appointment)

Article 4 The SEA’s appointment shall commence on _____________ and end on _____________

.1

(2) Upon the completion of the aforementioned appointment, the Prefecture may reappoint the SEA

for a period of one year if he/she is deemed competent to fulfil his/her duties.

(3) Notwithstanding Section (2) above, the term of appointment for an SEA in his/her fifth year of

participation shall not be renewed by the Prefecture after the completion of the appointment

stipulated in Section (1) above.

(Resignation)

Article 5 The SEA must perform duties for the term of appointment as specified above. However,

in extreme circumstances when the SEA resigns before the end of his/her term of

appointment due to unavoidable circumstances, the SEA must give notice of said

resignation at least 30 days in advance, inclusive of the date of the intended resignation.

(Dismissal)

Article 6 The Prefecture may dismiss the SEA for any of the reasons set out in the following

items:

1. Violation of the Japanese Constitutional Law, other Japanese regulations, or the terms and

conditions established herein.

2. Imprisonment or heavier sentence.

3. Behaviour significantly inappropriate to the duties of an SEA.

4. Serious mental or physical illness or injury which renders the SEA unable to fulfill his/her

duties.

5. Unsatisfactory performance of duties which is not expected to improve.

6. Non-performance of work duties for more than 60 consecutive days (the following are not to

be included in the counting of these 60 days: the period of 30 days following either non-

performance of work duties caused by an injury sustained as a result of work duties or

commuting; the period of absence allowed for special leave as is set out in Article 15

Section (1) Items 5 and 6).

7. Any of the information provided within the SEA’s application materials proves to be untrue

or inaccurate.

(2) In addition to the cases listed above, the Prefecture may dismiss the SEA if the Prefecture is

unable to pay the SEA's remuneration due to a non-approval or reduction of the budget in the

assembly of the Prefecture. In this case the Prefecture shall give either 30 days notice, or pay

the SEA one month’s remuneration upon dismissal.

IV REMUNERATION & OTHER FINANCIAL COMPENSATION

(Remuneration)

Article 7 The SEA’s remuneration shall be 280,000 yen (3,360,000 yen per year) in the first year

of appointment, and, if the SEA is reappointed, 300,000 yen (3,600,000 yen per year)

during the SEA’s second year of appointment, 325,000 yen (3,900,000 yen per year)

during the SEA’s third year of appointment, and 330,000 yen (3,960,000 yen per year)

during the SEA’s fourth and fifth years of appointment.

(2) The remuneration shall be paid on the _________day of each month. If this day should fall on a

holiday or a day on which the SEA is not required to perform duties, the remuneration shall be

paid on the earliest preceding day which is neither a holiday nor a day on which the SEA is not

required to perform duties.

(3) If the SEA starts or terminates his/her term of appointment part-way through the month, the

amount of remuneration for said month shall be calculated on a pro rata daily basis, subtracting

the number of workdays stipulated in Article 11 Sections (2) and (3) on which the SEA was not

required to work from the number of workdays in the remuneration period to determine the

number of days for which remuneration shall be paid.

(4) The hourly rate shall be calculated by multiplying the monthly remuneration by 12 and dividing

that amount by 52 times the weekly work hours stipulated in Article 11 Section (1).

(Reduction of Remuneration)

Article 8 If the SEA does not perform his/her duties during required work hours, except for cases

specified within these terms and conditions, the remuneration specified in Article 7

Section (1) above shall be reduced on an hourly basis utilising the hourly rates specified

in Article 7 Section (4) above. In cases in which it is impossible to deduct the calculated

amount from the remuneration of a given month, the deduction shall be made from the

following month’s remuneration.

(2) In accordance with the above section regarding calculations for non-performance of duties

during required work hours, should the SEA’s total period of non-performance of duties during

the month include an incomplete portion of an hour, a period of time less than 30 minutes is to

be disregarded, and a period of 30 minutes or more is to be rounded up to a full hour.

(Travel and Other Expenses)

Article 9 When the SEA travels for the purpose of performing his/her duties, the SEA’s travel

expenses shall be reimbursed in accordance with the same procedure as is used for

regular employees.

(2) The Prefecture shall provide a travel allowance to the SEA for passage to Japan in order to

assume his/her position, and passage to return to his/her home country. 2 However, a return

airfare shall only be paid to the SEA if he/she fulfils all of the following conditions:

1. The SEA completes his/her term of appointment specified in Article 4 Section (1).

2. The SEA does not enter into a subsequent employment with the Prefecture or a third party in

Japan within one month after completion of his/her appointment.

3. The SEA leaves Japan to return to his/her home country no later than one month from the

day following the end of his/her term of appointment.

(3) Notwithstanding the above section, in the event that the SEA has no alternative but to return to

his/her home country before the completion of his/her term of appointment for reasons beyond

his/her control, a return airfare may be provided if deemed necessary at the discretion of the

Supervisor.

Article 10 The Prefecture may claim compensation for any actual damages it sustains as the result

of actions such as the SEA returning to his/her home country without just cause.

V HOURS, HOLIDAYS, LEAVE & ADDITIONAL LEAVE

(Duty Hours)

Article 11 The SEA shall perform duties 35 hours a week exclusive of break time.

(2) The SEA duty hours shall be ____________, with _______ and ______as days on which the

SEA is not required to perform duties. The time ______ shall be designated as break time; this

time may be utilised as the SEA desires.3

(3) Notwithstanding the terms and conditions above, the Supervisor may instruct the SEA to

perform duties at times outside of the period specified in the above section. In such cases,

compensatory days off shall be given within 4 weeks inclusive of the relevant week so that the

average hours of duty per week in the 4-week period does not surpass 35 hours.

(4) As specified in the section above, in accordance with Article 32 of the Labour Act, the SEA

shall not be required to work more than 40 hours in one week, and the SEA shall not be

required to work more than 8 hours in one day. Furthermore, in accordance with Article 35

Section (1) of the Labour Act, at least one day each week on which the SEA is not required to

perform duties is to be allocated.

(5) Notwithstanding the hours set out in Section (2), the Supervisor may instruct the SEA to change

the duty hours and break time. Even in cases such as this, the SEA will not be required to work

more than _______________.4

(Holidays)

Article 12 The days identified in the following items shall be classed as holidays.

1. Japanese national holidays (those defined by Article 3 of the Japanese National Holiday

Law (Showa Year 23 Law #178)).

2. New Year's holiday (the period from 29 December to 3 January of the following year).

(2) Notwithstanding the above terms and conditions, the Supervisor may, having determined a

compensatory holiday beforehand, instruct the SEA to perform duties on any of the holidays

specified in Article 12 Section (1) above.

(3) Holidays are to be paid.

(Yearly Paid Leave)

Article 13 During the term of appointment stated in Article 4 Section (1), the SEA can take _____

days of yearly paid leave, individually or consecutively. For the SEA’s first term of

appointment, the SEA will be allocated ____days of this leave upon commencing

work, and will be allotted the remaining days on _____. Upon request and with

sufficient reason, the Prefecture may grant the remaining days before the date above.

This yearly paid leave may be taken in hourly units. These paid leave rules do not

apply to SEAs who are reappointed for another term.

(2) In the case that the SEA, having completed the term of appointment stated in Article 4 Section

(1), is reappointed by the Prefecture for another term, up to days of unused yearly paid leave

may be carried over to the new term of appointment (excluding paid leave carried over from the

previous term of appointment in accordance with this section).

(3) If the period of the requested paid leave would interfere with smooth work operations, the

Supervisor may change the date of the SEA’s requested paid leave.

(Sick Leave)

Article 14 The period of sick leave shall be the minimum period necessary when an illness or

injury is acknowledged to result in the unavoidable inability to perform duties.

(2) The maximum period of sick leave to be used at one time shall not exceed a total of 20

consecutive days, beginning with the first day that duties are not performed (including holidays

and days on which the SEA is not required to perform duties; in sections below, the counting of

days follows the same procedure). If the period between two sick leave periods is less than

seven days, the two periods shall be taken as consecutive sick leave.

(3) Sick leave is to be paid.

(Special Leave)

Article 15 Special leave shall be provided for the periods set out in the following items:

1. (Bereavement Leave) Death of a parent, spouse, or child: a period of up to ten consecutive

days. Death of a sibling or grandparent: a period of up to five consecutive days.

2. (Marital Leave) Marriage of the SEA: a period of up to five consecutive days.

3. (Natural Disaster Leave) Damage to the SEA’s place of residence in the event of a natural

disaster: the period the Prefecture deems necessary according to the degree of damage.

4. (Commuter Transport System Failure Leave) Failure of the transportation system used for

commuting as the result of an accident or other problem: the period until the transportation

system failure has been resolved.

5. (Pre-natal Leave) The requested period, from up to six weeks before a female SEA’s

delivery due date (fourteen weeks for a pregnancy involving more than one child) until the

date of delivery is reached.

6. (Post-natal Leave) A period of eight weeks counting from the day after a female SEA has

delivered a child (provided that at least six weeks have passed counting from the day after

the birth, if the SEA applies to return to work earlier and the SEA is assigned to duties that a

doctor accepts as not being harmful to her, then the period after she returns is not counted as

post-natal leave).

7. (Nursing Time) For a female SEA who is the mother of a child under the age of one: two

times per day for up to 30 minutes each.

8. (Menstrual Leave) Days when a female SEA is unable to work due to severe menstrual

discomfort.

9. (Parental Leave) Time off work for a SEA to care for their ill/injured pre-school-age child

(includes spouse’s child) as deemed necessary: a period of up to five days (ten days if he/she

is the caretaker of more than one child).

10. Any other time the Supervisor deems there is a special need, for the period of time the

Supervisor deems necessary.5

(2) The special leave specified above from Item 1 to Item 4 and Item 10 are to be paid, and from

Item 5 to Item 9 are non-paid.6

(Additional Leave)

Article 16 Aside from the conditions of Article 15 Section (1) Items 5 and 6 above, if the SEA,

due to an illness (excluding the illnesses specified in Article 18 Section (1) below),

injury, or other unavoidable reason is not able to perform duties for more than 20

consecutive days (including holidays and days on which the JET is not required to

perform duties; in the following sections, the counting of days follows the same

procedure), the Prefecture may, upon application from the SEA, grant the SEA

additional leave as deemed necessary.

(2) In the circumstances stated above, payment of remuneration during the period of additional

leave shall be as set out in the following items:

1. When the SEA is unable to perform duties due to illness sustained while performing duties

or injury sustained while performing duties, the SEA's remuneration shall be paid in full

minus the stipend allocated from Local Public Servants’ Accident compensation, etc. during

the period of additional leave.

2. When the SEA is unable to perform duties for reasons other than those stated in Item 1

above, the remuneration shall be paid in full for the first 30 days of the period of absence,

counting from the first day of the preceding leave. For the period from the 31st day to the

60th day, the SEA shall be paid one half of the remuneration. From the 61st day

remuneration shall not be paid.

(Prosecution Leave)

Article 17 If the SEA is prosecuted for involvement in a criminal offense, the Prefecture has the

authority to put the SEA on prosecution leave.

(2) If the SEA is put on prosecution leave according to Section (1) above, six-tenths of the

remuneration shall be paid for the period of prosecution leave.

(Prohibition of Duties)

Article 18 If the SEA has a contagious disease or other illness as set out in the following items,

the Prefecture may prevent the SEA from performing duties:

1. The fear exists that the SEA with a contagious disease is not taking measures to prevent the

spread of the disease.

2. The fear exists that labour will significantly worsen a heart, kidney or lung disease from

which the SEA suffers.

3. The SEA is affected by a disease, similar to those above, as determined by the Minister of

Health, Labour and Welfare.

(2) In the cases stated above, payment of remuneration for the period during which the SEA does

not perform duties shall be regulated as in Article 16 Section (2) above.

(Procedure for Taking Leave and/or Additional Leave)

Article 19 When the SEA wishes to make use of leave as specified in Article 14 Section (1) and

Article 15 Section (1) Item 1 to Item 4 above, the SEA must submit a request and

obtain approval from the Supervisor before taking the requested leave, stating the

number of days. The SEA must also request and obtain approval for the special leave

specified in Article 15 Section (1) Item 10, stating the number of days and the reason

for taking the leave as well. However, if the SEA, for unavoidable reasons, cannot

submit the request beforehand, the SEA must do so and obtain approval from the

Supervisor as soon as conditions permit.

(2) When the SEA wishes to make use of the special leave specified in Article 15 Section (1), from

Item 5 to Item 9 above, the SEA must submit a request to the Supervisor for the days requested.

However, if the SEA, for unavoidable reasons, cannot submit the request beforehand, the SEA

must do so as soon as conditions permit.

(3) If the SEA intends to take sick leave of more than three consecutive days due to illness or

injury, or to apply for additional leave, the SEA must submit a medical doctor’s certificate to

the Supervisor. In this case, there are times when the Supervisor, if the Supervisor deems it

necessary, may require the SEA to undergo an examination by a designated medical doctor.

Furthermore, if the Supervisor deems it necessary, the Supervisor may request the submission

of a medical doctor’s certificate, even if the SEA takes leave equal to or less than three days.

(4) When a situation occurs which would be reason for additional leave according to Article 17

Section (1), or a prohibition of duties according to Article 18 Section (1), the SEA must inform

the Supervisor of the facts as soon as possible.

VI OFFICE REGULATIONS & RESTRICTIONS

(Responsibility to Obey Work Orders)

Article 20 The SEA shall faithfully observe his/her superiors’ orders on matters pertaining to the

performance of duties.

(Evaluation of Work Performance)

Article 20-2 The Prefecture shall conduct an evaluation of the SEA’s performance of duties, based

on a separate predetermined outline.

(Diligence)

Article 21 The SEA shall devote his/her full working hours and occupational attention to the

discharge of duties in these terms and conditions, except for cases specially stated in

these terms and conditions.

(Conduct Restrictions)

Article 22 The SEA shall not behave in a manner which would discredit or damage the reputation

of the Prefecture or the JET Programme.

(Confidentiality)

Article 23 The SEA shall not reveal any confidential matters the SEA comes to know while

performing duties. Furthermore, this restriction shall continue to apply after the

completion or termination of the term of appointment.

(Prohibition of Sexual Harassment)

Article 24 The SEA shall not cause displeasure to others in the workplace by way of sexually

loaded comments or actions.

(Restrictions Against Involvement in Profit-Making Enterprises)

Article 25 Without receiving the Supervisor’s permission, the SEA shall not become a member of

the board of any organisation, be employed by any party other than the Prefecture, nor

become involved in any enterprise or business from which the SEA receives

remuneration, other than that of the Prefecture.

(Religious Activities and Other Restrictions)

Article 26 The SEA shall not be involved in religious or political activities which are in any way

related to his/her work duties.

(Restrictions Against Operating Motor Vehicles)

Article 27 Except for commuting from place of residence to the designated place of work, the

SEA shall not operate a motor vehicle for duty-related matters without the permission

of the Supervisor.

VII DISCIPLINE

(Disciplinary Action)

Article 28 If any situation set out in the following items comes about, the Prefecture may

discipline the SEA by means of admonition, reduction of remuneration, suspension,

and/or dismissal.

1. Violation of Japanese Constitutional Law, other Japanese regulations, or the terms and

conditions established herein.

2. Imprisonment or heavier sentence.

3. Behavior inappropriate to the duties of the SEA.

4. Unsatisfactory performance of duties by the SEA.

(2) The meaning and result of the disciplinary actions specified above shall be interpreted as set out

in the following items:

1. Admonition: the SEA shall be admonished in writing concerning the conduct in question.

2. Reduction of Remuneration: for each disciplinary action, the remuneration shall be reduced

by one-half of one day’s average daily pay. However, when more than one disciplinary pay

reduction is made in the same month, the total amount of reduction shall not exceed one-

tenth of the monthly remuneration.

3. Suspension: the SEA shall be prohibited from performing his/her duties for a designated

period of up to seven days, and remuneration will not be paid for this period.

4. Dismissal: the SEA shall be immediately dismissed without advance notice. In this case,

compensation pursuant to Article 20 of the Labour Standards Act will not be provided if

authorisation is obtained from the appropriate Labour Standards Inspection Office.

VIII LOCAL PUBLIC SERVANTS’ ACCIDENT COMPENSATION ORDINANCE, ETC.

(Local Public Servants’ Accident Compensation)

Article 29 In cases where the SEA sustains a casualty (herein defined as injury, illness, physical

disorders, or death; the same definition applies below) while performing public service

duties or while commuting, the SEA may receive compensation according to the

regulations established for the Industrial Accident Compensation Insurance Act (Showa

Year 22 Law #50), or the Local Public Servants’ Accident Compensation Ordinance for

non-regular employees.

(Compensation for Non-duty Related Casualty)

Article 30 The Prefecture shall, by contracting for a personal-injury insurance policy, consider

compensation for the SEA if a casualty is sustained during a period other than

performance of duties or commuting periods.

FOOTNOTES

1. The starting and ending dates of the appointment are to be entered here.

(1) The starting date of the appointment is to be the day after arrival in Japan. The ending date

is to be exactly one year from the starting date. For SEAs arriving after the first group of

SEAs, however, the ending date of the appointment shall be adjusted to correspond with

the ending date of the first group of SEAs.

(2) The starting date for SEAs who have been reappointed for another year shall be the day after

the previous year’s appointment expires, and the ending date is to be exactly one year later.

2. Expenses pertaining to the SEA’s move to Japan shall be borne by the contracting organisation

through the payment of travel expenses to the Council for Local Authorities for International

Relations (CLAIR) in accordance with the notice issued by CLAIR.

Return expenses via the most reasonable and standard route to the nearest international airport in

Japan (where flights to the SEA’s home country are available) and airfare from the said airport

to the designated airport of departure in the SEA’s home country (home country for domestic

arrivals who travelled to their placement from within Japan) or the equivalent amount shall be

borne by the contracting organisation according to the travel expense regulations of that

contracting organisation.

3. Each contracting organisation is to decide the use of the weekly 35 hours as appropriate to

circumstances. For example, 7 hours per day starting at 8:30 a.m., or four 7 hour 45 minute

days and one 4 hour day per week (e.g. Monday through Thursday being 7 hour 45 minute days

with Friday being a 4 hour day).

(1) 7 hours per day

“Hours shall be from 8:30 a.m. to 4:30 p.m. from Monday through Friday with Saturday

and Sunday as days on which the SEA is not required to perform duties. The time from

12:00 p.m. to 1:00 p.m. from Monday through Friday shall be designated as break time.

Break time may be utilised as the SEA desires.”

(2) 7 hour 45 minute days Monday through Thursday with 4 hours on Friday

“Hours shall be from 8:30 a.m. to 5:15 p.m. from Monday through Thursday and from

8:30 a.m. to 1:30 p.m. on Friday with Saturday and Sunday as days on which the SEA is

not required to perform duties. The time from 12:00 p.m. to 1:00 p.m. from Monday

through Friday shall be designated as break time. Break time may be utilised as the SEA

desires.”

4. The following are possible addenda to the examples given in note 3 above.

(1) 7 hours per day

“In this case hours should not exceed seven hours per day.”

(2) 7 hours 45 minutes per day Monday through Thursday with 4 hours on Friday

“In this case hours should not exceed 7 hours 45 minutes per day Monday through

Thursday or 4 hours on Friday.”

5. Those times, such as residence registration after arriving in Japan, applying for extension of

period of stay, etc., as deemed necessary by the Supervisor.

6. These terms and conditions grant Parental Leave as unpaid. However, if the contracting

organisation deems that Parental Leave is to be paid, it shall be written as

“(2) The special leave specified above from Item 1 to Item 4, Item 9, and Item 10 are to be paid,

and from Item 5 to Item 8 are non-paid.”


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