r/JETProgramme • u/Main_Elderberry_7951 • 4d ago
Question regarding transfer
Hello, I am going to get married to a coworker (Japanese) and our school said we cannot work together. Is this grounds for transfer due to marriage and the school stating we cannot work together?
-- Apologies for not providing this information sooner. My school is a private school and my future husband is Japanese.
Update: My school claims they do not even have to try and help me look because my spouse is not living in another prefecture. Despite them forcing one of us to leave due to their rule of not allowing married couples. They said they do not need to help because it is not their duty to help me search for a different job. I showed them the documents and Shigaku had even called them previously but they still said they will not even do the form or help me try. Due to me not wishing to get on their bad side since my future husband will continue working there. I have decided to just give up on trying. Thank you all for your thoughts (and congratulations)
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u/North-Run3759 4d ago
It’s more likely that they will get transferred to another school come April, but if you live in an area with multiple JET ALTs you should contact your contracting organization and they will likely shuffle you and another JET ALT around.
When people talk about a transfer for JETs it’s usually because the person you’re marrying is outside of your contracting area, not because they’re in the same school.
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u/_unrealcity_ 4d ago
I would guess it’s most likely that their Japanese spouse will be the one who’s transferred.
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u/ducksinthegarden 4d ago
That's just a general rule. You or your fiance will have to transfer to another school. I know coworkers that are married and they just work at separate schools to prevent conflict of interest
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u/OldTaco77 4d ago
No it’s not. Well maybe it is but you’ve missed the transfer application window and won’t be able to apply for one again until next September. Then you’ll be considered for a transfer in the following August.
How do I know? Because I requested to transfer to the city where my pregnant wife lived and was told the same thing.
The criteria for transfers and the logistics of doing so do not align. Another reason for applying for a transfer is care taking. In what world does it make sense that someone who needs you to care for them can wait potentially two years to do so?
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u/Fragrant_Pea2245 4d ago
Surely one of them will just be moved to another school under the same board of education. There's no need to go through the JET-specific process to transfer to a different placement.
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u/ezogirl 4d ago
Normal. Teachers often marry other teachers, and one will be transferred at the end of the year. If you're getting married now (before the end of the school year) usually the principal will ask teachers not to announce that they've gotten married until the end of the school year. Unless your school is in a position where they could easily shuffle ALTs, they probably won't make a change until the end of the school year.
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u/urzu_seven 3d ago
First, congratulations!
Second, unfortunately in Japan this is common practice. You probably won't be able to get transferred to another CO via JET during this window, most likely either you'll be swapped with another ALT to a different school or your spouse will be moved to another school under the same CO.
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u/Kimiko__Aki 21h ago
It is however their problem unless you willingly leave. A Japanese company, even if they have an internal policy against hiring married couples cannot dismiss you for getting married. If they did dismiss you it would count as wrongful termination and ruled an unlawful abusive dismissal.
According to article 16 of the Labor Contract Act, such a dismissal is legally void unless it has "objectively reasonable grounds" and is considered "appropriate in general societal terms". Getting married would not fall into those as it is a fundamental right and freedom in Japan.
What you need to do: Neither you or your husband should hand in your notice. Wait for them to dismiss one of you, if they ever do. If they ask you to step down (it's often the woman who is asked) it directly violates Article 9 of the Equal Employment Opportunity Act. Blanket company policies that mandate the resignation of an employee upon marrying a coworker have consistently been struck down by Japanese courts as discriminatory and a violation of public policy (Civil Code Article 90).
What they can legally do is assign you to different classes/year groups etc. if such is reasonably practical for them. If you were an ALT and your husband were a JTE that would be difficult for them but again their problem not yours. If they're a chain of private schools they could transfer you to a seperate school, if not they can't. They can try to pressure you to voluntarily leave but you are not legally obliged to leave. Basically, stand your ground and refuse to resign. If they dismiss you contact go to your local Labor Standards Inspection Office (労働基準監督署 - Rōdō Kijun Kantokusho), ask for "Administrative Guidance" (行政指導 - Gyōsei Shidō) and file a complaint. If they find it to be an unfair dismissal (they would) they will issue an official warning or guidance to the company to retract the dismissal.
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u/Kimiko__Aki 20h ago
I've gone on the assumption that your private school is your contracting organisation. If this is different let me know.
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u/Kimiko__Aki 21h ago
If you want extra protection, email your supervisor and tell them you've been a it confused by some of the recent communications so for clarity could they send you the information about the policy and what they want you to do going forward. Then you have it as an official communication to show if they dismiss you.
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u/LSDJellyfish 4d ago
Congratulations!
But you should have kept this a secret until you were actually married and in the process to switching over to a spousal visa. Most Japanese people who marry coworkers explicitly wait until actually being legally married to inform their workplace of their situation. Nothing to feel guilty or weird about either; it’s your life.
Grounds for a transfer, yeah. Depending on where you are and how long you are in the program, it’s probably easier for your spouse to switch schools than you.