Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Likelyhood of paying back for holidays

 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Japan
View previous topic :: View next topic  
Author Message
surendra



Joined: 09 Feb 2012
Posts: 82
PostPosted: Sat Aug 31, 2013 3:15 am    Post subject: Likelyhood of paying back for holidays Reply with quote
Hello all,
I was wondering, if I were to quit a contract (with proper notice) and not fulfill the year, how likely is it for a boss to take out the holiday pay from my final pay?

In my contract it says, if the employee does not finish the contract, the holidays that the instructor got off for (golden week, Christmas, etc.) will be pro-rate and may be subtracted from the employees final pay.

The thing is, its that "may" that is throwing me off. Obviously, any boss would like to keep the money, but I'm sure if it requires them going to court or something, they will just no bother.

Any insight would be great. The job isn't bad, just the location is meh so no rush.

p.s. This is for a franchise of an Eikaiwa. Its a real "Winner".

p.p.s. My contract is in English. Do English contracts actually hold up in Japan?
Back to top
View user's profile Send private message
benshi



Joined: 16 Feb 2007
Posts: 48
PostPosted: Sat Aug 31, 2013 6:51 am    Post subject: Re: Likelyhood of paying back for holidays Reply with quote
surendra wrote:
Hello all,
I was wondering, if I were to quit a contract (with proper notice) and not fulfill the year, how likely is it for a boss to take out the holiday pay from my final pay?

In my contract it says, if the employee does not finish the contract, the holidays that the instructor got off for (golden week, Christmas, etc.) will be pro-rate and may be subtracted from the employees final pay.

The thing is, its that "may" that is throwing me off. Obviously, any boss would like to keep the money, but I'm sure if it requires them going to court or something, they will just no bother.

Any insight would be great. The job isn't bad, just the location is meh so no rush.

p.s. This is for a franchise of an Eikaiwa. Its a real "Winner".

p.p.s. My contract is in English. Do English contracts actually hold up in Japan?


It may depend on how long you have worked there. By law, full-time employees are entitled to 10 days of vacation ("yukyu" or personal days) per year. However, employees are NOT eligible for these days until they have worked continually for 6 months. And, employers are allowed to take 5 of those 10 days and append them to one of the major vacation periods to make them longer (so, summer break, winter break, or those 3 non-holiday days in the middle of Golden Week). So, if you have worked fewer than 6 months and some of those paid vacation days fell into that initial 6-month period, they can dock your pay. They don't need to go to court to do so. But, if you have worked anything over 6 months you are entitled to any used paid personal days, so anything you take before you quit, including vacations, can't legally be deducted.

There is a Japanese version of your contract somewhere that is submitted to and on file with the Labor Board. That's the legal one, although if you have a contract in English signed and dated by both you and your employer you could make a case with it, if push came to shove.
Back to top
View user's profile Send private message
surendra



Joined: 09 Feb 2012
Posts: 82
PostPosted: Sat Aug 31, 2013 7:43 am    Post subject: Reply with quote
Thank you SO much for your response Benshi.

That's great to know and I understand now. I will follow the Japanese Labor Law and apply it to my contract as the contract should be based around the JLL.

I'll definitely stick around for 6 months or so, just wish my area wasn't stagnant at 150,000 people and filled with Snakku....
Back to top
View user's profile Send private message
Inflames



Joined: 02 Apr 2006
Posts: 486
PostPosted: Sat Aug 31, 2013 9:14 am    Post subject: Reply with quote
No contract is submitted to the labor board; only a copy of the work rules are. A company can submit work rules saying that the employees do what the employer says, when the employer says it or they won't get paid any money and the LSO will accept them.

If you get paid for the days they're legally yours. The company can designate half of your paid holiday allowance but not more. If the company does that and you get paid for them you've been paid for them and the company can't do anything about it (if you quit at 5 months, the company can't say we did this as something special and then take the money back).
Back to top
View user's profile Send private message
surendra



Joined: 09 Feb 2012
Posts: 82
PostPosted: Sun Sep 01, 2013 2:37 pm    Post subject: Reply with quote
The contract doesn't ask for the money back. It says that the holiday time will be pro-rated and may be subtracted from my final pay. It sounds like it may be an illegal practice. However, I do not know if they actually follow through with it. Of course if I do decide to change jobs, I will definitely get things in writing.

Thanks for the input btw Inflames
Back to top
View user's profile Send private message
Inflames



Joined: 02 Apr 2006
Posts: 486
PostPosted: Tue Sep 03, 2013 11:51 am    Post subject: Reply with quote
surendra wrote:
The contract doesn't ask for the money back. It says that the holiday time will be pro-rated and may be subtracted from my final pay. It sounds like it may be an illegal practice. However, I do not know if they actually follow through with it. Of course if I do decide to change jobs, I will definitely get things in writing.

Thanks for the input btw Inflames


Once you've been paid the money is yours.
Back to top
View user's profile Send private message
surendra



Joined: 09 Feb 2012
Posts: 82
PostPosted: Tue Sep 03, 2013 4:04 pm    Post subject: Reply with quote
The thing is, they wouldn't be taking the money 'back'. It is subtracted from the final pay, i.e. not pay me based on their calculations. Now I know I have guaranteed vacations days, but I have over 10 holidays built into the contract. I think I know everything I need to if anything happens. Just clearing up for your understanding, and anyone else with a similar scenario.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Japan All times are GMT
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group
Teaching Jobs in China
Teaching Jobs in China