When Gary* decided to apply for an unlimited-term contract (UTC), he thought the process would be straightforward.

For several years, he had worked one day a week at the same school. Having reached the qualifying period, he wrote to his manager explaining that he was eligible for unlimited-term conversion and asked that his next contract reflect his new status.

The response came as a complete surprise.

Not only did the school reject his request, it claimed that Gary had never been an employee at all. Instead, it insisted that he had been working as a freelancer. This distinction was crucial. The right to request an unlimited-term contract applies only to employees. If the school’s interpretation were correct, Gary would never have been eligible for UTC protection in the first place.

Gary couldn’t understand how that could be true. Until then, he hadn’t paid much attention to the Japanese version of his contract because he assumed it was simply a translation of the English version. It was only after receiving the school’s response that he noticed something surprising: his English contract described his position as “Instructor,” while the Japanese version referred to him as a freelancer.

The more he thought about it, the less sense the school’s position made. He worked on a fixed schedule, taught on the same day every week, used teaching materials provided by the school, and was expected to follow the school’s rules and teaching guidelines. Everything about the arrangement looked and felt like employment.

Hoping it was simply a misunderstanding, Gary sought clarification. Instead, the school stood by its position, stating that he would not be granted an unlimited-term contract under any circumstances. To make matters worse, it also informed him that his contract would not be renewed for the 2026 academic year.

That’s when Gary contacted General Union. GU examined not only Gary’s right to unlimited-term conversion, but also whether he had been incorrectly classified as a freelancer from the beginning. If Gary was, in fact, an employee under Japanese labour law, he may also have been entitled to rights such as paid annual leave and overtime pay.

General Union has now requested that the school address Gary’s unpaid overtime and paid annual leave entitlements. By doing so, the union is directly challenging the school’s claim that he was a freelancer. The next step will be to seek recognition of Gary’s true employment status and pursue the rights he should have received—including reinstatement under an unlimited-term contract, if appropriate.

Gary’s case also highlights an important lesson for anyone working in Japan. If your employment contract exists in more than one language, don’t assume that each version says exactly the same thing. Small differences in wording can sometimes have significant consequences. If you’re unsure, it’s worth having both versions reviewed before signing – or if questions arise later.

Name has been changed to protect the member’s identity.

Unlimited-term contracts only apply to employees. Not sure whether you’re really a freelancer? Learn how to tell the difference: https://www.tokyodev.com/articles/freedom-risk-and-protection-what-japan-s-freelance-act-really-means-for-tech-workers