Can you give me more details of cases (1) and (2)?

2022/5/17

【Case(1)】
Case (1) is more precisely defined in Article 19, Item 1 of the Labor Contract Act, as follows
“the said fixed-term labor contract has been repeatedly renewed in the past, and it is found that terminating the said fixed-term labor contract by not renewing it when the contract term expires is, in general social terms, equivalent to terminating a labor contract without a fixed term by expressing the intention to fire a Worker who has concluded the said labor contract without a fixed term”
The following case law relates to a Japanese national held to meet the above conditions. The same applies to foreign workers.

・A case in which a temporary worker at a factory who had renewed his two-month contract five times was denied further renewal. There was no difference between the work performed by the worker and permanent workers. At the time of hiring, the company said, “If you work diligently even after the two-month contract expires, you will not be dismissed. We want you to work for a long time without having to worry about job security”. The company did not take procedures to immediately conclude a new contract every two months, and there were no cases in the past where temporary workers were terminated at the end of the two-month period.

【Case(2)】
Case (2) is more precisely defined in Article 19, Item 2 of the Labor Contract Act, as follows
“it is found that there are reasonable grounds upon which the said Worker expects the said fixed-term labor contract to be renewed when the said fixed-term labor contract expires.”

Such “reasonable grounds” were found to exist in the following case law.
・A case of a temporary worker (temporary workers were hired and discontinued to adjust the size of the workforce in accordance with changing demand, etc.) who had a two-month contract that was renewed five times. He was hired after a cursory interview compared to permanent workers, and his work was also comparatively simple. However, he was not hired for temporary work during a specific season.

In order to determine whether or not your case meets the conditions set out in the relevant articles of the Labor Contract Act, it is necessary to consider various factors in detail, so please consult with a lawyer with the Labor Lawyers Association of Japan(LLAJ). Your consultation will be made easier if you can provide us with a written summary of the time you started working, the number and method of contract renewals, and the employer’s behavior regarding contract renewals and so on.