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Is this a good contract?
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Vingilot



Joined: 28 May 2004
Posts: 3
Location: Korea

PostPosted: Sun May 30, 2004 6:19 am    Post subject: Is this a good contract? Reply with quote

Hello, this is my first time positng to this forum. I have been interested in a job in Japan and I recently got a copy of the contract outline, and I was wondering if this was a good position or not. I just want to know if this is typical of a contract in Japan. I've been currently working in Korea so I am not too sure what Japan ESL jobs offer.

The contract is for two years. The salary is 250000 yen a month, working Monday through Saturday. There are 40 hours per week, with 4 classes ranging from 60-90 minutes a day. I believe with all age groups. A round trip ticket is supplied. It seems like a fairly small school, and it specifically states some gardening is required. I am a bit pensive about signing a two year contract and working 6 days a week, but whether or not this is common in Japan I have no clue.

Thanks for helping out a confused, pathetic newbie!
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Sun May 30, 2004 6:26 am    Post subject: Reply with quote

6 days is not common.
Gardening? Rolling Eyes That's a first I've heard.
2 years is also rare or non-existent.
Is this 40 teaching hours or just being in the school. 4o teaching hours is really high.
The round trip ticket is the only redeeming feature, but I'd still give this offer a wide berth.

Look at lots of other job openings and see what other schools offer to get a better view of the work situation here.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Sun May 30, 2004 7:26 am    Post subject: Reply with quote

6 days a week?

Labor Standards Law stipulates these two facts...

1. you get more than one day off per week, or more than 4 days off per month [which seems to mean you get 2 days off per week, even though they may not be consecutive days off.]

2. your work hours are 8 hours a day (or less) and 40 hours a week (including breaks). [the math here works out to a simple 5-day week maximum.]
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bearcat



Joined: 08 May 2004
Posts: 367

PostPosted: Sun May 30, 2004 7:52 am    Post subject: Reply with quote

I could be wrong but as well I believe that it is potentially illegal for them to offer you(or make you adhere to) a two year contract.... especially if you are on a visa that is good for only one year.

1 year contracts are standard at any rate as well.

25-40 hours a week (most leaning to the latter)
250,000 a month (standard with some less or more)
2 days off a week(not always consecutive (50/50 chance i'd say)
Gardening?!?! First I've heard of that and I'd be highly suspicious of that. I've know a school try to require teachers to clean toilets though....
Vacations ranging from 1 to 10 weeks (big variance on this) And usually set in stone when... no choice.
National Holidays(though some require working on em)
Sick days(most often no)
personal days (many don't have em)


Thats about the basic size of it... remember there are tons more factors that can make the above variences more or less appealing. You might get for example a 250,000 a month 25 hours a week deal but little to no vacation, PLUS you have 2 hour commute times there and back totally 4 hours thus.

Or you might have 270,000 a month 40 hours a week 10 weeks vacation BUT 4 of those weeks dispersed in the year are counted as unpaid vacation meaning your salary is reduced to 200,000 a month( an approximation mind you) four months of the year(in other words one third of the year).

Etc etc etc. Too many variables for each case. You have to judge the pro's and cons yourself and go from there. And as well know yourself. If something like gardening (being out for 2-3 hours a day in 35degree weather in the summer for example or you have screaming allergies etc) is not you, then I wouldn't consider the job.
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Iwantmyrightsnow



Joined: 12 Feb 2004
Posts: 202

PostPosted: Sun May 30, 2004 10:52 am    Post subject: Reply with quote

Glenski,

where did you get the info about 2days off per week? I am pretty sure it is wrong.

Unless the law has recently changed

Chapter iv
article 35

"An employer must provide at least one rest day per week." and to paraphrase..or at least 4 rest days per 4 week period.

The ministry of Labor has made some effort to instigate a 5 day week but the law isn't as such.
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Iwantmyrightsnow



Joined: 12 Feb 2004
Posts: 202

PostPosted: Sun May 30, 2004 10:58 am    Post subject: Reply with quote

Glenski wrote:
6 days a week?

Labor Standards Law stipulates these two facts...

1. you get more than one day off per week, or more than 4 days off per month [which seems to mean you get 2 days off per week, even though they may not be consecutive days off.]

2. your work hours are 8 hours a day (or less) and 40 hours a week (including breaks). [the math here works out to a simple 5-day week maximum.]


And I am pretty sure your second point is wrong also. Can't see it anywhere right now but will try and check it out. As far as I have seen up to now , the 40 hours does not include breaks.

Just found it.

Chapter iv, article 32

an employer shall not have a worker work more than eight hours per day for each day of the week EXCLUDING rest periods.


Last edited by Iwantmyrightsnow on Sun May 30, 2004 11:23 am; edited 2 times in total
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Sun May 30, 2004 11:07 am    Post subject: Reply with quote

From the general union website

http://www.generalunion.org



What are the maximum number of working hours I can be made to work, and is there any kind of premium if I work over these hours?
(Articles 32, 36, 37, 3Cool
The maximum hours of work that you can be made to work is 40 over six days. Anything over this must be voluntary and even voluntary overtime work has a limit which is set by ordinance. This ordinance allows for overtime of up to 5 hours per week.
Work over forty hours must be paid at a rate of 125% of your basic salary and all work between 10pm and 5am must be paid at 135%. Work on your designated rest day (one day per week) must also be paid at the rate of 135%. Employers must also have what is called an "Article 36 Agreement" which is signed by either a trade union or a workers' representative. Without this agreement, which must be signed by either a trade union representing over 50% of the work force or a workers' representative, overtime, even voluntary, is not allowed. This agreement not only sets the amount of overtime but also sets how overtime is calculated (i.e. monthly, weekly, yearly). Please see the section on workers' representatives.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Sun May 30, 2004 11:42 am    Post subject: Reply with quote

5. Working Hours

Q13
According to my contract, my daily working hours end at 5 p.m. However, at 5 o'clock hardly any of the Japanese workers leave their desks.
What does the relevant Japanese law say about working hours and overtime ?

A13
The Labor Standards Law stipulate that an employer shall not force employees to work more than 8 hours a day, excluding rest period, or 40 hours a week (Article 32). An exception to this is that certain industries, depending on their size or type, are allowed to keep 44 working hours while in the transition period of changing to a 40-hour working week. Moreover, the pattern of working hours in Japan has been getting more complicated since the introduction of flexible working hours. Under the system, the pattern of working hours can be set flexibly depending on how the working is going.
An employer is allowed to extend working hours longer than stipulated in Article 32 if he/she concludes a written agreement with a trade union or representative of majority of employees.

The law stipulates:

If an employee works more than 8 hours per days, or 40 hours per week, he/she shall paid 125 percent or more of the hourly wage for each hour of overtime.
If an employee works between the hours of 10 p.m. and 5 a.m.,the hourly wage shall be 125 percent or more of the daytime hourly wage.
If an employee works overtime and continues to work after 10 p.m., he/she is entitled to 150 percent or more of the daytime hourly wage for each hour he/she works after 10 p.m.
If an employee works on rest days, the hourly wage shall be 135 percent or more of the normal hourly wage.
It is common knowledge that "karo-shi (death from overwork)" has been the object of public concern, and yet, a reduction in the current legally-set working hours has not been wide-spread.
One of the reasons for this may be that employees think that if they leave the the office right after 5 o'clock it will have negative consequence on their job performance evaluations.

(Working Hours)
Article 32.
(1) An employer shall not employ an employee more than 40 hours a week, excluding rest periods.
(2) An employer shall not employ an employ an employee more than 8 hours a day, excluding rest period, for each day of the week.
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AgentMulderUK



Joined: 22 Sep 2003
Posts: 360
Location: Concrete jungle (Tokyo)

PostPosted: Sun May 30, 2004 11:45 am    Post subject: Reply with quote

Vingilot, its best to safely store this contract in the trash bin of your PC.

With your teaching experience you can get a much better deal than that in Japan. (Either more money or less hours)

Just look at www.jobsinjapan.com and similar sites , and you'll see what I mean.


Good luck in your job search.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Sun May 30, 2004 12:14 pm    Post subject: Re: Is this a good contract? Reply with quote

Vingilot wrote:
I believe with all age groups. A round trip ticket is supplied. It seems like a fairly small school, and it specifically states some gardening is required. I am a bit pensive about signing a two year contract and working 6 days a week, but whether or not this is common in Japan I have no clue.

Thanks for helping out a confused, pathetic newbie!


Maybe he wants you to plant and collect his rice harvest for him ever year.

If you want to interpret the law strictly, on an instructors visa you are only allowed to teach English on that visa, nothing else and strictly speaking gardening (walking the dog, washing his car) means you are doing illegal work. I dont think gardening comes under the heading "language teaching" somehow.
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shmooj



Joined: 11 Sep 2003
Posts: 1758
Location: Seoul, ROK

PostPosted: Sun May 30, 2004 1:45 pm    Post subject: Reply with quote

Take out the gardening and you effectively have the very same contract I went to Japan on in 1998. Okay, I know that was a while ago but salaries have not changed that much anyway. My job was so good I stayed 6 years.

And yes, I had a two year contract too and worked Saturdays.

In actual fact this contract is better. I had to pay my own flights.

This is why it is impossible for us to comment on whether this contract is "good" or not. Working hours, salary and so on do not a good job make.

I loved my students, my employers, my school and had a time in my life I will never ever forget. Yeah, I worked hard but it was worth every bit.

If I'd posted here and heard you all moaning, I would have missed out Crying or Very sad

To the OP directly, it is common practice to post the contract details for Korean jobs on the forum and get feedback. This is because contracts in Korea vary enormously. It is actually relatively rare for people to do this with Japanese contracts because they are usually fairly standard. Bar the gardening, yours is fairly standard. There are better ones and there are worse.

Personally I would consider very carefully some other factors
location
other foreigners at the school (number, experience etc)
the personality and vibes the owners/boss displays
what the clientele of the school are (i.e. hicks or townies, business or hobby bodies)
what the objectives of getting a job in Japan are for you.


Last edited by shmooj on Sun May 30, 2004 1:50 pm; edited 1 time in total
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Vingilot



Joined: 28 May 2004
Posts: 3
Location: Korea

PostPosted: Sun May 30, 2004 1:50 pm    Post subject: Kind of figured... Reply with quote

Yeah, I am pretty mch doing 40 hours now (30 teaching hours, but the boss required me to show up early...waste of time...) and it is killing me. It did seem a bit dodgy to me, and I was moderately interested in the first place. Not that I have anything against light gardening...but...er...yeah.

As far as vacation days, I'd be more than willing to have less if I got paid more. Don't think I'd be willing to give up my Saturdays, though. At least I know now what is common in Japan. Thanks, guys!
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shmooj



Joined: 11 Sep 2003
Posts: 1758
Location: Seoul, ROK

PostPosted: Sun May 30, 2004 1:52 pm    Post subject: Reply with quote

vingilot, my post went in above your one above this one Wink

just in case you missed it...
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Vingilot



Joined: 28 May 2004
Posts: 3
Location: Korea

PostPosted: Mon May 31, 2004 2:43 am    Post subject: Reply with quote

All I really know about the school, baring the financial stuff, is that I would be the only foreigner there, and that it is a very small school. I believe there are only 4 teachers total. Unsure what the city is like, whether it is big or not. The students will be great no matter what, and I had good feedback about the faculty so I had no reservations about it being a good atmosphere. Just wanted to know if I could do better...
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Iwantmyrightsnow



Joined: 12 Feb 2004
Posts: 202

PostPosted: Mon May 31, 2004 8:02 am    Post subject: Reply with quote

Unless you had a personal recommendation about how good the boss is to work for I would look elsewhere. There are plenty of jobs that are less than 40 hours per week, and only 5 days. Six is too much to work unless you are doing privates for extra cash.
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