Job Discussion Forums

nuchie · Posted: Tue Nov 30, 2004 7:50 am Post subject: Job Interview

I applied for a job ACC and they are asking me on the phone my hair and eye colour???

also asking to bring my passbook or bank account

are these normal on interviews here in Japan?

One more question regarding apartment contract/lease

I just signed a 3 month minimum contract for my apartment and just wondering if ever i want to leave earlier does that mean I still have to pay the remainding months?
Is there a way I can get out of it?

Cheers

Nismo · Joined: 27 Jul 2004 Posts: 520

English carries with it a foreign image and Japan is no stranger to hiring based on the stereotypes. It isn't illegal in Japan, as you may have noticed most employers require a photo on the application/resume.

The point of signing a contract for an apartment is that you are making a deal to live there for the duration of the agreed time period. You will be required to pay for the time you do not live there, as the apartment manager must look for someone to occupy it if you break contract. Be careful with apartment owners, as a lot of them have connections with Yakuza (or used to, at least). You can not legally evict a person from an apartment in Japan. You can, though, hire a Yakuza under the table to bully a tenant out.

Gordon · Joined: 28 Jan 2003 Posts: 5309 Location: Japan

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

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

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

Question: I was fired over a dispute about working conditions. Although I have not agreed with being dismissed this way, my employer also told me to move out of the apartment provided by the company, as required by the contract. Do I have to leave the apartment now ? If so, I will have to find another place. What should I do ?
Answer: When an apartment is contracted by a company, the civil laws are applied differently depending on whether it is provided free or is leased.
Normally, the former cases is covered by the provisions in Article 593 of Civil Law, and the latter by Article 601 of the Civil Law. However, if the rent is extremely low, there will be some question as to whether the latter case applies.
If you have a rent-free apartment, you are required under the terms of worker-as-tenant to give up the apartment on the day specified in the contract (Article 597,Civil Law).(which means you can stay in a rented NOVA apartment if you want)
The employer has demanded that you move out of the apartment at the time of your dismissal. If you do not comply with that demand, your employer could possibly take to matter to court.
On the other hand, a lease contract with a company is governed by Article 28 of the Land and Building Act. According to the act, in order to end a lease relationship, an employer as a landlord is required to give notice to an employee, with a justifiable reason. When the lease has a specified period, the landlord should give advance notice of 6 months to one year and should clearly tell the employee that he/she does not intend to renew the lease contract.

Also, with a lease that has no specified duration, advance notice to vacate the property of at least 6 months is required. Therefore, even if it is stated in a contract that the employee shall move out immediately upon dismissal, such requirement is totally contrary to the Land and Building Act (Article 30, Land and Building Act, or Article 6, former Land and Building Act). The landlord can never make a tenant leave by force. In the case of a company house, the argument often turns on whether it is provided free or is leased. The court rules that each case should be carefully considered under its own merits. Since the situation that arise are not always typical, the right decision is not easily reached. Therefore, it is recommended that further discussion is needed between you and your employer and that your landlord should wait until you find another place to live.

Nismo · Joined: 27 Jul 2004 Posts: 520

Well, my knowledge is a little behind, I suppose. So you can move out of an apartment early, breaking contract. You can also break contract with your job. The only consequence is the image and integrity of foreigners dropping. Japan (and most of asia) believe in saving face, and constantly pushing the law to its limit only makes you lose face. The manager won't think, "oh, that nuchie is a terrible person." The manager will think, "oh, foreigners are terrible people." You may even sucessfully bar foreigners from that complex! Current estimate is 4 out of 5 landlords will not allow foreigners to live in their complex. Let's try and not increase that number, please. Very Happy

nuchie · Posted: Wed Dec 01, 2004 5:55 am Post subject:

but my contract states a minimum 3 months ??? it doesnt matter?

Mike L. · Joined: 28 Feb 2003 Posts: 519

king kakipi · Joined: 16 Feb 2004 Posts: 353 Location: Australia

Hey, I second what Mike L said (at the end of his email).

I attended at least four interviews where I was asked to bring my bank book (or `details`);in each case it was to finalise the necessary paperwork should the interview have been successful. In three cases it was Razz

Ah, the beauty of a spouse visa and multiple, non-sponsoring employers Wink