退屈男の愚痴三昧

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「再任拒否」の3の2(愚か者の回想一)

2020年08月28日 14時28分30秒 | 日記

「どうしよう。」と幹事。

「どうもこうもないでしょう。できないものはできませんよ。」と私。

「でも決まっちゃったらダメでしょ。」と幹事。

「で、どうしたいのですか。」と私。

~~~

 「当然です。」と言っても法律の知識のない人には分からないので、結局、これができない理由を縷々説明することになった。

 「再任制限の可否は、元来雇用に関する事項ですから組合が雇い主との窓口になるわけです。でも、この大学には組合が無いでしょ。だからできないのですよ。」と私。

 「・・・」(全員)。

 「つまり、『任期は5年、再任を妨げない。』ということはこの大学の設置法に規定されているのですから、たぶん。教授会でこれと異なる議決をしても無効ですね。どうしてもこれを変更したいのなら法律を改正すればいいだけですね。」と私。今度は全員が分かったようだ。

~~~

 分かったはずなのにまだもぞもぞしている。

「まだ何か。」と尋ねた。

「教授会に議案が出てきたらどうしようか。『賛成の方は挙手をしてください。』ということで決まってしまったらどうなるのかなぁ。」と幹事と割り込み男。

「しょせん無効ですが、心配ならば、採決を阻止すればいいじゃないですか。議事内容の説明が終わったら、今私が話した内容を説明して議案を撤回させればいいだけですよ。」と私。

「誰が。」と幹事。

「えっ。」と私。

 見渡すと珍しく全員の目がこちらを向いていた。これまでまともに相手をされたことが無かったのに。

 「なるほど。」

 つまり、その場いる助教授や講師の中で、曲がりなりにも法律の知識のあるものは私一人だった。

「私ですか。」

「いいかな。」

「別に。いいですけど。」

ということで夏の陣で口火を切るのは私ということになった。(つづく)


"Rejection of Reappointment" 3 (Reminiscence of a fool)

2020年08月28日 13時59分56秒 | 日記

              3. Although the term system was used, reappointment was naturally allowed until now, so many faculty members were able to concentrate on research and teaching materials without paying too much attention to the term system.

 

              However, it seems that the operation of this term system will be reviewed and the number of reappointments will be limited. The professor is up to three times, and the associate professor is up to twice.

 

              Although this is certainly the hottest part of midsummer, we will have to hold an associate professor's meeting.

 

              However, there are also reasonable reasons for reappointment restrictions.

 

              This university uses radio waves from TV and radio to deliver lectures. Radio waves are public and it is dangerous for a university that is guaranteed "academic freedom" to monopolize this radio wave. Even if used as a means of brainwashing thought, Japan would fall into a totalitarian state.

 

              On the other hand, the purpose of providing university education to people who do not have the opportunity to attend school is a mechanism to realize the "right to receive education" guaranteed by the Constitution of Japan, and should be highly recommended.

 

              Therefore, since the faculty members of this university have other full-time jobs and belong to this university for a certain period of time to carry out their work, it is possible to say that a fixed-term system is necessary even if the faculty members to which they belong are not fixed.

 

              ――However, this is just only public prima facie reason. It is not possible, except for those who have a full-time job and can work at this university, except for those who are nominally assigned the status of visiting faculty when creating courses.

 

              Moreover, for the associate professors, if they were thrown out of this place, there would be a lot of things that would get lost, including myself.

 

              As long as the established facts support the current situation, it would be impossible to do such things as reappointment restrictions now. The system is also impossible.

 

              If it's a private school, the president's whims is likely to cause this, but this university is not a private school in the first place. If anything, it is public. The reality is that it is a saucer for people who retired from national universities. That's why there is no system for promotion within the university, because it would be a problem if the professor's post disappeared.

 

              Even so, as long as the reappointment is repeated, it is not a dream that one day "progress" to another university. However, I can't say that I would be disrespectful if reappointment restrictions were added.

~~~

              When asked the secretary, "What happened?", the board seems to submit a reappointment restrictions agenda to the next faculty meeting. I got the answer.

 

              "They can't do that," I said. That's right. Anyone who has ever studied the law a bit will know such a thing. Employment with a term system is also employment. Since it is employment, the employment contract must have been concluded. If it is a private school, the contents of the employment contract will be confirmed and the status and treatment will be specified by using a paper-like employment contract.

 

             I don't know how to treat a national university, but as a public university, I have never seen an employment contract, although there is a resignation.

 

              Probably the comprehensive processing has been done by the establishment laws of this university. It is impossible that the contents of employment contracts will be treated as a matter for discussion by the faculty council with a light process of changing the school rules. This is what I said earlier that "it is impossible in terms of system."

 

              In a similar case, there is Supreme Court decision in which employment contracts stipulated by internal rules were invalid.

 

              "No, a bill is to be submitted to the extraordinary professor's meeting in August. It may be decided by a large number of professors because there are fewer associate professors at this time. It seems that there are also documents that encourage attendance."

 

              A man who seems to know the situation cut in between the secretary and me. (to be continued)

(assisted by Google translation)