SNA (Tokyo) — Kata-tataki, or taps on the shoulder, indicate a series of actions a boss takes to drive a worker to quit without outright firing them. It establishes that the subsequent contract termination is mutually agreed, as opposed to a unilateral and contestable firing. The legal jargon for such “shoulder tapping” is taishoku kansho. In this installment of Bread & Roses, I’d like to explain the practice and introduce a recent, surprising verdict in a court case over its validity.
It is that time of year again! Time for the mad scramble of March when good teachers everywhere are worried if their contracts are going to be renewed or not, otherwise known as the “ALT Shuffle”. Two things you should be sure NOT to do:
1) Do NOT let your employer force you to sign resignation papers! You do not need to sign any such thing. If they do not have work for you, they should give you dismissal papers so that you can claim your unemployment benefits until you find your next job.
2) Do NOT let your employer threaten you into leaving your apartment. It does not matter whether your employer is your guarantor or not, you can pay your landlord directly. Tenant’s rights are strong in Japan, but they are non-existant if you do not claim them.
If you find yourself facing either of these situations, call your local union representative to report the harassment.
If you are not in a union, and would like to fight against these kinds of ill treatment, join a union and help improve the working conditions of Japan.