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Laura C
Joined: 14 Oct 2003
Posts: 211
Location: Saitama
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 Posted: Thu Oct 14, 2004 1:41 am Post subject: Unpaid salary |
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Hi all,
I'm posting this on behalf of a friend of mine (honestly). We both worked for the same company from April -- August this year and she went back to the States for a holiday in August. She was due back in Japan on September 1st but decided not to come back. She was due to be paid on August 31st and hasn't been. She has emailed the company several times and they keep stalling her, then saying they have put the money into her account, which they haven't. I think they will keep stalling her because they think she's back home now so she can't do anything.
Legally, what can she do from outside Japan? I know she left without giving any notice, but she was also entitled to her paycheck. Btw, the company works in arrears, so the payment on 31 August would have been for July -- a full month's pay.
Any help would be most appreciated. I know she is working with the immigration and visa people in the States (the company had some dodgy visa and legal practices) to try and get the company 'red flagged', but this won't get her her money back.
Thanks.
Laura |
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King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
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| Posted: Thu Oct 14, 2004 3:03 am Post subject: |
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Read my thread, Working in Japan without a contract? Don't let this happen to you!
Japan does not protect foreign workers. The labor department is a waste, but here is their number in Saitama if you want to waste time with them.
Saitama Labour Bureau
048-600-6204
Unless they have changed their schedule since I dealt with them almost a year ago, on Tuesday and Friday they have a translator there. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Thu Oct 14, 2004 3:51 am Post subject: Re: Unpaid salary |
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| Laura C wrote: |
Hi all,
I'm posting this on behalf of a friend of mine (honestly). We both worked for the same company from April -- August this year and she went back to the States for a holiday in August. She was due back in Japan on September 1st but decided not to come back. She was due to be paid on August 31st and hasn't been. She has emailed the company several times and they keep stalling her, then saying they have put the money into her account, which they haven't. I think they will keep stalling her because they think she's back home now so she can't do anything.
Legally, what can she do from outside Japan? I know she left without giving any notice, but she was also entitled to her paycheck. Btw, the company works in arrears, so the payment on 31 August would have been for July -- a full month's pay.
Any help would be most appreciated. I know she is working with the immigration and visa people in the States (the company had some dodgy visa and legal practices) to try and get the company 'red flagged', but this won't get her her money back.
Thanks.
Laura |
Personally I think if she does not apply some union or legal muscle to bear she has very little chance of seeing the employer pay her salary. She can not make them pay while she is overseas and not coming back, and the only alternative i can see is laying a complaint with the Labor Standards office. Out of sight, out of mind.
Its also possible they are 'fining' her for leaving without giving notice but again there is no way she can make them pay, even if what they are doing is illegal.
Usually things like embassies and the immigration wont get involved in labor disputes and unions can not help her if she is not a union member.
Deciding not to come back and leaving without notice while she is owed salary is not a very clever thing to do is it? |
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Laura C
Joined: 14 Oct 2003
Posts: 211
Location: Saitama
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| Posted: Thu Oct 14, 2004 4:46 am Post subject: |
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Eek.
Thanks PaulH. I don't think they are fining her, as they keep saying any deductions they make from the final paycheck are for rent and car use.
I got my last paycheck from them OK, as did my friend (he of the split head), even though we were both 'supposed' to lose something for quitting early.
I'll direct her to this thread -- ta. thanks also kkb -- sorry for what happened to you.
L |
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king kakipi
Joined: 16 Feb 2004
Posts: 353
Location: Australia
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| Posted: Thu Oct 14, 2004 12:25 pm Post subject: |
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My wife spoke (in Japanese) to the J staff at the Foreign Residents' Advisory Board on behalf of a friend of mine (honestly, too!!) who may have to 'bail' soon. She was told the following:-
If you resign you SHOULD give 30 days' notice (no more is required, regardless of what en employer tells you/the 'end date' of your contract). However, even if you walk out on the day (ie ZERO days notice), you are entitled to 100% pay for the workyou did, up to and including that day. Further, even if you have been working illegally, they will pursue it with the employer, as they are interested in employers who employ people illegally rather than those who work illegally.
Having said all that, I wouldn't like to put it to the test.......  |
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King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
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| Posted: Fri Oct 15, 2004 2:10 am Post subject: |
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| king kakipi wrote: |
My wife spoke (in Japanese) to the J staff at the Foreign Residents' Advisory Board on behalf of a friend of mine (honestly, too!!) who may have to 'bail' soon. She was told the following:-
If you resign you SHOULD give 30 days' notice (no more is required, regardless of what en employer tells you/the 'end date' of your contract). However, even if you walk out on the day (ie ZERO days notice), you are entitled to 100% pay for the workyou did, up to and including that day. Further, even if you have been working illegally, they will pursue it with the employer, as they are interested in employers who employ people illegally rather than those who work illegally.
Having said all that, I wouldn't like to put it to the test....... |
This is too funny! Japan's labor board will do nothing! They will not enforce any laws! I know, I had to hire a lawyer and I am still waiting to get paid a salary for October and November.
The only way to enforce a company to pay you is to give 30 notice and make a complaint with the labor board before your last day. |
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Iwantmyrightsnow
Joined: 12 Feb 2004
Posts: 202
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| Posted: Fri Oct 15, 2004 4:26 am Post subject: |
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| King Kong Bundy wrote: |
| king kakipi wrote: |
My wife spoke (in Japanese) to the J staff at the Foreign Residents' Advisory Board on behalf of a friend of mine (honestly, too!!) who may have to 'bail' soon. She was told the following:-
If you resign you SHOULD give 30 days' notice (no more is required, regardless of what en employer tells you/the 'end date' of your contract). However, even if you walk out on the day (ie ZERO days notice), you are entitled to 100% pay for the workyou did, up to and including that day. Further, even if you have been working illegally, they will pursue it with the employer, as they are interested in employers who employ people illegally rather than those who work illegally.
Having said all that, I wouldn't like to put it to the test....... |
This is too funny! Japan's labor board will do nothing! They will not enforce any laws! I know, I had to hire a lawyer and I am still waiting to get paid a salary for October and November.
The only way to enforce a company to pay you is to give 30 notice and make a complaint with the labor board before your last day. |
You are right LSO will often do nothing. But you need to really harass them. Make sure that a formal complaint is lodged and that it isn't just a consultation. They will say it was even if you think it wasn't! I have seen unions prod the LSO successfully even when they hadn'T done anything initially. |
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king kakipi
Joined: 16 Feb 2004
Posts: 353
Location: Australia
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| Posted: Fri Oct 15, 2004 1:32 pm Post subject: |
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KKB
Glad it gave you a laugh  . Just trying to help. Anyway, that is what my wife was told; how you enforce it is another matter.
KK |
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King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
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| Posted: Thu Oct 21, 2004 6:26 am Post subject: |
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| king kakipi wrote: |
KKB
Glad it gave you a laugh . Just trying to help. Anyway, that is what my wife was told; how you enforce it is another matter.
KK |
Please don't take any offense! Every time I think of how the staff at Saitama Board of Labor acted makes me mad! I am still waiting to for Sugita owner of both USCOM and lil' kids to pay me for October and November of 2003.
Most Japanese are honest so I guess Japan's government never made any enforcement agency to enforce labor laws. |
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