Contract

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Contents

TERMS AND CONDITIONS OF SERVICE FOR PARTICIPANTS ON THE 2007-2008 JAPAN EXCHANGE AND TEACHING PROGRAMME (ALT) IN KOBE CITY

I.
GENERAL RULES AND PROVISIONS

Article 1: Purpose

Section 1

These rules and provisions are written with the purpose of establishing the terms and conditions, as well as outlining other related details of service for the Japan Exchange and Teaching Programme (hereinafter referred to as the "JET Programme") participants engaged in English language instruction in the City of Kobe (hereinafter referred to as "the City").

Section 2

Terms and conditions of service for JET Programme participants (hereinafter referred to as "JET Participants") which are not set out in this document shall be determined on the basis of the Japanese labor ordinances and laws and any other relevant ordinances or laws currently in force.

Article 2: Definitions

The meanings of the following expressions used in this document are set out below:

i. JET Participant

Assistant language Teacher under the Japan Exchange and Teaching Programme. (hereinafter referred to as "JET")

ii. Superintendent

Superintendent of Kobe City Board of Education.

iii. Principal

The head of the school in which the JET participant is posted.

iv. Week

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

v. Month

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

II.
DUTIES

Article 3: Duties of the Assistant Language Teacher

Section 1

The JET participant shall perform duties as specified by the Superintendent and/or the principal for the Board of Education and/or schools as set out in the following items:

1. To assist in English language instruction at junior and/or senior high schools;
2. To assist with international awareness education at primary/elementary schools;
3. To assist in the preparation of English language teaching materials;
4. To assist with seminars for English language teachers;
5. To assist with English language contests and alike;
6. To participate in and assist with special and extra-curricular activities;
7. To participate in and assist with local international exchange activities;
8. Any other duties specified by the Superintendent or the principal.

Section 2

The JET participant, in accordance with the instructions of the Superintendent, may be required to visit schools around the City and/or be posted to a specially designated school and carry out any or all of the duties listed in Article 3, Section 1 above.

Section 3

The Superintendent may change the place(s) that the JET participant is posted, as well as the duties listed in Article 3, Section 1 above.

III.
DURATION AND TERMINATION OF CONTRACT

Article 4: Duration of Contract

Section 1

The duration of the JET participant's contract shall be for a period, decided by the Superintendent, not exceeding one year.

Section 2

Upon the expiration of the aforementioned period of contract, the contract between the City and the JET may be renewed for a period of one year with the consent of both parties.

Section 3

Notwithstanding Section (2) above, the contracts of JETs in their fifth year of participation shall not be renewed after the expiration of the period of contract stipulated in Section (1) above. Fourth and fifth year contracts will be granted to those JETs who excel when taking into consideration work performance, experience and competence.

Article 5: Resignation

The JET participant should carry out her/his duties for the duration of the contract as specified in Article 4. In the event of absolutely unavoidable circumstances precipitating the JET participant's resignation from her/his position before the end of the period specified in Article 4, s/he must give notice of said resignation at least 30 days in advance of the day on which s/he intends to resign.

Article 6: Dismissal

Section 1

The City may dismiss the JET participant under the following circumstances:

1. In the event of the JET participant violating the regulations established herein, the Japanese laws and ordinances, or the Japanese Constitution.
2. In the event that the JET participant behaves in a manner inappropriate to her/his position.
3. In the event of the JET participant suffering from very serious mental or physical illness or injury and being unable to fulfill her/his duties.
4. In the event that the JET participant shows an unsatisfactory performance of her/his duties and is not expected to improve her/his performance.
5. In the event that the JET participant is absent from service for more than 60 consecutive days (except in the events that: the period of absence is caused by injury sustained while in service or travelling to her/his base school; the period of absence allowed for special holidays as is set out in Article 14, Section 1, items v and vi below; and the period of 30 days following any such absence.)
6. In the event that any of the information provided within the JET participant's application materials is found to be untrue or inaccurate.

Section 2

In addition to the cases listed above, the City may dismiss the JET participant if the City is unable to pay the JET participant's remuneration due to a non-approval or reduction of a budget in the assembly of the City. In this case, the City shall give either 30 days notice of dismissal or pay the JET participant one month's remuneration upon dismissal.

Section 3

If the JET participant is sentenced to a term of imprisonment (or any other more severe penalty), the JET participant shall automatically be dismissed, and the City will not provide any financial compensation.

IV.
REMUNERATION AND EXPENSES

Article 7: Remuneration

Section 1

The JET participant will be paid an annual base remuneration of 3,600,000 yen. If the gross remuneration is subject to Japanese income tax and/or local inhabitant tax, and if the post-tax amount of the annual remuneration thereby falls below 3,600,000 yen, then the amount shall be adjusted so as to regulate the post-tax total remuneration at not less than 3,600,000 yen. The monthly remuneration shall be decided accordingly. However, in cases where a JET participant does not receive a tax exemption as a result of refusing or neglecting to complete the necessary paperwork and/or procedures with the appropriate tax body in his or her home country for obtaining said exemption, the post-tax total annual remuneration will not be used as a criterion.

Section 2

The remuneration shall be paid monthly on the twentieth day of each month. In the event that this day should fall on a holiday or a non-service day, the remuneration shall be paid on the closest preceding service day.

Section 3

If the JET participant should start or terminate her/his contract mid-way through the month, the amount of remuneration for the said month will be calculated on a prorated daily basis, subtracting the number of workdays stipulated in Article 10, 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.

Section 4

The hourly rate shall be calculated by multiplying the monthly remuneration by twelve (12) and dividing that amount by fifty-two (52) times the weekly work hours stipulated in Article 10, Section 1.

Section 5

The JET participants shall pay a subsidized monthly rental fee which shall be withdrawn from their monthly remuneration. This subsidized rental fee shall be determined separately.

Article 8: Reduction of Remuneration

Section 1

In the event that the JET participant is absent from service during a part of the required service period (except for cases specified within this document) the remuneration will be reduced on an hourly basis utilizing 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.

Section 2

In accordance with Article 8, Section 1 above, should the JET participant's total period of absence from service be less than one hour, the calculations shall be adjusted as follows: in the case that the period of time is less than thirty minutes, it is to be disregarded; if the period of time is thirty minutes or more, it shall be considered one hour.

Article 9: Traveling Expenses

Section 1

The JET participant's traveling expenses for the JET Mid-Year Block Conference as well as for meetings deemed necessary by the Superintendent shall be subsidized following the same procedure as is used for regular municipal employees. First-year JET participants participating in the Conference for Re-contracting JET Participants shall also be provided a travel allowance.

Section 2

The City, under a separate decision, shall provide a travel allowance to the JET participant for passage to Japan for assuming the JET participant position, and return passage. However, the travel allowance for the JET participant's return to the JET participant's home country shall only be paid to a JET fulfilling all of the following conditions:

1. The JET is expected to complete the contract period specified in Article 4, Section 1
2. The JET does not enter into a subsequent contract with the City or a third party in Japan within one month after completion of the contract period.
3. The JET leaves Japan to return to his/her home country no later than one month from the day following the end of the contract period.

Section 3

The travel allowance for the JET participant's return to the home country shall either be provided in the form of an air ticket from Japan to the international airport in the home country from where the JET participant departed or the equivalent amount of money. JET participants residing in Japan prior to the start of the programme shall receive an air ticket from Japan to a designated airport in the home country or the equivalent amount of money.

Section 4

In the event that the JET participant has no alternative but to return home before completing the contract for reasons beyond his/her control, and the Superintendent deems return to be unavoidable, the travel allowance may be provided.

Section 5

The City may claim compensation for any actual damages it sustains as the result of a JET participant returning to his/her home country without just cause.

Section 6

The JET participant's traveling expenses to and from school shall be reimbursed following the same procedure as is used for regular municipal employees.

V.
SERVICE HOURS, HOLIDAYS & TEMPORARY LEAVE

Article 10: Service Hours

Section 1

The JET participant shall serve thirty-five hours a week exclusive of break time.

Section 2

Service hours shall be Monday through Friday from 8:30 a.m. until 4:15 p.m. A daily 45 minute period shall be designed as break (lunch) time. JET participants are not normally required to serve on Saturday or Sunday.

Section 3

Notwithstanding Article 10, Section 2 above, the Superintendent and/or the principal may require the JET participant to serve on Saturdays and/or Sundays. In this case, compensatory holidays shall be taken within 4 weeks inclusive of the relevant week so as to maintain an average of thirty-five service hours per week.

Section 4

The Superintendent and/or the principal may change the service hours set out in Article 10, Section 2 above. In this case the Superintendent and/or the principal shall attempt to limit one day's service to seven hours.

Article 11: Holidays

Section 1

The following days shall be holidays for the JET participant:

1. Japanese national holidays, including May 4th;
2. The New Year's Holiday Period (December 29th to January 3rd of the following year).

Section 2

The JET participant may, in some circumstances, be asked by the principal and/or the Superintendent to serve on any of the holidays stated above in Article 11, Section 1. In such cases, a compensatory holiday shall be determined.

Section 3

Holidays which are stipulated in Article 11, Section 1 are paid holidays.

Article 12: Paid Leave

Section 1

During the period of contract stated in Article 4, Section 1, the JET participant may use twenty (20) days of paid leave.

Section 2

The paid leave days specified in Article 12, Section 1 above, may be used as consecutive days, individual day, half day or hourly units. One working day is seven hours.

Section 3

When the JET participant wishes to make use of the paid leave specified in Article 12 section 1, the JET participant shall inform the Superintendent as well as the principal.

Section 4

The Superintendent and/or the principal may, as called for by the JET participant's duties, change the date and/or length of the requested paid leave.

Section 5

In the case that the JET participant, having completed the period of contract stated in Article 4, Section 1, re-contracts with the City, up to 20 days of unused yearly paid leave may be carried over to the new contract period. These carried over paid leave will be used first in the new contract period and it may not be carried over into any subsequent contract period.

Article 13: Sick Leave

Section 1

Sick leave shall be permitted for the minimum period necessary to recover from serious illness or injury which results in an inability to serve.

Section 2

The maximum sick leave set out in Article 13, Section 1, shall be twenty consecutive days including non-service days and national holidays. If, in the case where s/he goes back to work during sick leave, that period of work shall be disregarded in determining continuance of sick leave, unless such a period is equal to or more than one week (including non-service days and national holidays) without interruption.

Section 3

The sick leave noted above in Article 13, Section 1 is paid leave.

Article 14: Special Leave

Section 1

The following special leave shall be provided for JET participants:

1. Bereavement Leave: the period of ten consecutive days including non-service days and national holidays, immediately after the loss of a father, mother, spouse, or child, and the period of five consecutive days including non-service days and national holidays, immediately after the loss of brother, sister, or a grandparent.
2. Marital Leave: a period of five consecutive days, including days on which the JET participant is not required to perform duties and national holidays, following the JET participant's marriage.
3. Natural Disaster Leave: the period the City deems necessary in the event of destruction of, or serious damage to the JET participant's place of residence.
4. Transportation System Failure Leave: the period until the said problem has been resolved.
5. Pre-natal Leave: The requested period, from up to eight weeks before a JET participant's delivery due date (fourteen weeks for pregnancy involving more than one child) until the date of delivery is reached.
6. Post-natal Leave: eight weeks (if the JET participant wishes to return to work earlier, with her doctor's permission, post-natal leave may be shortened).
7. Nursing Time: two thirty-minute periods per day (for the mother of a child less than one year of age.)
8. Menstrual Leave: for those days when a female JET participant is unable to serve due to severe menstrual discomfort.
9. Family leave: within the limits of five days, where deemed appropriate, in order to care for their child under Primary School age (including a spouse's child which the JET is responsible for raising).
10. Summer Leave: Five (5) days during school summer holiday upon JET participant's request.
12. Any other times as designated by the principal and/or the Superintendent (e.g. for service-related, visa-related requirements).

Section 2

The special leave specified in Article 14, Section 1 above from items i to iv and item x, as well as xi are to be paid and from item v to item ix are non-paid.

Article 15: Temporary exemption from Duty

Section 1

Aside from the conditions of Article 14, Section 1 items v and vi, if the JET participant--due to an illness (excluding the illnesses specified in Article 17, Section 1 below), injury, or other unavoidable reason--be unable to perform duties for more than twenty consecutive days (including days on which the JET participant is not required to perform duties and holidays), the City may, when it deems necessary, put the JET participant on additional leave.

Section 2

In the circumstances stated above, payment of remuneration during the period of additional leave shall be determined as following:

1. When the JET participant is unable to perform duties due to illness sustained while performing duties or injury sustained while performing duties, the JET participant's remuneration shall be paid in full during the period of additional leave.
2. When the JET participant is unable to perform duties for reasons other than those stated in condition 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 original leave; for the period of more than thirty days and up to sixty days, the JET participant shall be paid half of the remuneration; for more than sixty days, remuneration shall not be paid.

Article 16: Prosecution Leave

Section 1

If the JET participant is prosecuted for involvement in a criminal offense, the City has the authority to put the JET participant on prosecution leave.

Section 2

If the JET participant is put on prosecution leave, six-tenths of the remuneration shall be paid for the period of the leave.

Article 17: Prohibition of Duties

Section 1

If a JET participant has a contagious disease or other illness as set out in the following items, the City may prevent the JET participant from performing duties.

1. When there is fear that a JET participant with a contagious disease is not taking proper measures to prevent the spread of the disease.
2. When there is the fear that labor will significantly worsen the condition of a JET participant with a heart, kidney, or lung disease.
3. For a JET participant affected by a disease--similar to those mentioned above determined by the Minister of Health, Labor and Welfare.

Section 2

In the cases stated above, payment of remuneration for the period during the JET participant's absence shall be regulated as in Article 15, Section 2.

Article 18: Procedure For Taking Leave

Section 1

When the JET participant wishes to make use of leave as specified in Article 13, Section 1 and Article 14, Section 1 item i to item iv above, the JET participant must apply and confirm consent from the Superintendent and/or the principal before taking the requested leave, stating the number of days. However, if the JET participant-for unavoidable reasons- cannot apply beforehand, the JET participant must apply and confirm consent from the Superintendent and/or the principal as soon as conditions permit.

Section 2

When the JET participant wishes to make use of the special leave specified in Article 14 Section 1, from item v to item ix above, the JET participant must inform the Superintendent and/or the principal of the days to be taken in advance. However, if the JET participant -for unavoidable reasons-cannot inform them beforehand, the JET participant must do so as soon as conditions permit.

Section 3

If the JET participant wishes to make use of the special leave specified in Article 14 Section 1, item x and xi above, the JET participant must receive approval from the Superintendent and the principal for days requested in advance.

Section 4

If the JET participant intends to take sick leave of more than three consecutive days due to illness or injury, or to apply for additional leave, the JET participant must submit a medical doctor's certificate to the Superintendent and the principal. Furthermore, if the Superintendent and/or the principal deems it necessary, the Superintendent and/or the principal may request the submission of a medical doctor's certificate, even if the JET participant takes leave equal to or less than three days.

Section 5

When a situation comes about which would be reason for an additional leave according to Article 16, Section 1, or a prohibition of duties according to Article 17, Section 1, the JET participant must inform the Superintendent and/or the principal of the facts as soon as possible.

VI.
OFFICE REGULATIONS & RESTRICTIONS

Article 19: Following Orders

The JET participant shall diligently observe the official orders of the principal and the Superintendent concerning the execution of her/his duties.

Article 20: Progress Reports

The JET participant will be evaluated by the City on his/her performance.

Article 21: Diligence

The JET participant shall execute her/his duties as diligently as possible and observe the regular service hours established herein, except in situations specified elsewhere in this document.

Article 22: Conduct Restrictions

The JET participant shall not behave in a manner which would discredit or damage the reputation of the JET Programme.

Article 23: Confidentiality

The JET participant shall not reveal any confidential matters made known to her/him while executing her/his duties during the term of contract. Furthermore, this restriction shall continue to apply after the period of contract is completed or terminated.

Article 24: Restrictions Against Involvement in Profit-Making Enterprises

Unless given the express permission of the Superintendent and the principal, the JET participant shall neither undertake any employment in an organization or under any parties other than the City, nor accept remuneration for services other than that of the City.

Article 25: Religious and Related Matters

The JET participant shall not be involved in religious or political activities of a kind which would affect her/his official duties.

Article 26: Restrictions Against Operating Motor Vehicles

Without the express permission of both the principal and the Superintendent, the JET participant may not operate a motor vehicle (car, motorcycle, scooter, etc.) as a means of commuting to her/his place of work or while on official business.

VII.
DISCIPLINARY MEASURES

Article 27: Disciplinary Action

Section 1

The City has the authority to act upon the following situations by means of suspension, reduction of remuneration, or admonition.

1. In the event that the JET participant violates the regulations established herein; if s/he violates Japanese laws and ordinances; or if s/he violates the Japanese Constitution.
2. In the event that the JET participant behaves in a manner inappropriate to her/his position.
3. In the event that the JET participant performs her/his duties in an unsatisfactory manner.

Section 2

Disciplinary actions as specified in Article 27 Section 1 above shall be interpreted as follows:

1. Suspension: The JET participant shall be suspended from work without pay for a maximum period of seven days.
2. Pay Reduction: the remuneration shall be reduced by one-half the amount of the daily rate for each disciplinary action. However, in the event of more than one disciplinary action in the same month, the total amount deducted shall not exceed one tenth of the monthly remuneration.
3. Admonition: the JET participant shall be admonished in writing concerning the conduct in question.

VIII.
WORKMEN'S ACCIDENT COMPENSATION

Article 28: Workmen's Accident Compensation

The JET participant shall be compensated according to the Workmen's Accident Compensation Insurance Law for casualties (herein defined as injury, illness, physical disorders, or death) sustained during the execution of her/his duties or during commuting periods to and from the base school.

IX.
OTHER

Article 29: Supplementary Rule

All other details pertaining to the enforcement of the terms and conditions of service for JET Programme participants outlined in this document shall be decided by the Superintendent.

Additional Rule: The terms and conditions of service for JET Programme participants outlined in this document are effective from 25th of July, 2007.