Job Discussion Forums

[drdo]

I am working for a dispatch company; I've been teaching at a jr/sr high in Tokyo for a week. The dispatch company agreed to sponor me and I have finally rec'd the Immigration post card (today).

My question: my dispatch has not allowed me sign a contract since I don't have a visa yet. However, they told me in an interview if I am ever late, they will deduct 20,000 (yen). On the 2nd dayof work, TOZAI Line was stuck for 20 minutes in a tunnel and I WAS LATE.

I contacted my company and they said the money would be taken from my month's salary as there are no exceptions. (I even got a small pc of paper from TOZAI saying they had a 40 minute delay). Do you think I can fight this--since I haven't signed any contract yet? (Payday is mid-May).

And what is the standard about signing contracts with dispatch companies? Am I working legally at this point? Why the hesistancy for me to sign their contract? Even Immigration was surprised when I went for my "Certif. of Eligibility" ...that I wasn't given a formal contract but just one sheet of paper stating their intent in hiring me and the amount they are offering.

I have a ton of issues with this company and the school for that matter, but overall, I would like to stay where I am (for the year).

Thanks for any input. I would like to negotiate more in the signing of the contract but each foreign teacher tells me, "That's impossible. The contract is more for THEM than YOU." Yikes.

Thanks again
DRDO

[Iwantmyrightsnow]

You and the company are both breaking the law if you are on a tourist visa. This wasn't so uncommon in the past but is becoming rarer as immigration got a bit tougher on it.

That is why the company doesn't want to issue you a contract yet. It would be evidence they were breaking the law.

The 20,000yen deduction is illegal. They are allowed to deduct the 20 mins you weren't there plus fine you but the fine allowed is much smaller than that.

Contact the union in Tokyo before you have more problems.

www.nambu.generalunion.org

[Iwantmyrightsnow]

Can I be fined for being late?
First we must clarify what a fine is. For example, if you came to work 5 minutes late and your employer didn't pay you for those 5 minutes, this would not be a fine. A fine is the amount subtracted from your pay over and above the deduction for the time you were late.
Even though the General Union considers fines to be unfair, they are legal if they fall within certain limits. The fine for one instance of lateness cannot exceed half a day's pay, and the total fines in a month cannot exceed 10% of your monthly salary (Article 91).
One important factor when deciding if your company has the right to fine you (or suspend you without pay) is whether your company has properly registered working rules (please see the question on working rules). If your company doesn't have working rules then they cannot fine you for lateness. Moreover, courts have ruled that procedural fairness is also necessary. A minimum condition is that the penalized person be given the opportunity to defend himself or herself. If this is not allowed, the fine could be ruled an "abuse of the right to impose discipline".

[canuck]

Not only would I voice my displeasure, I would go to someone at the school you are working for and complain. I would start looking for a new job as soon as possible.

[bearcat]

What is the name of this dispatch. Get the word out to your fellow readers to avoid this company like the plague.

Time and time again people on here and other sites will tell you. DO NOT WORK WITHOUT A CONTRACT! It leaves you open to so much abuse and exploitation..... as you are clearly seeing now.

[JimDunlop2]

Drdo: Serves you right for taking a train!

No, seriously.... Any sort of "no excuses... ever..." policy is the hallmark of a company that should be kicked in the a$$ and then shut down.

I agree with the previous poster. Start job hunting.... This doesn't sound like a good, healthy start of a work relationship.

[drdo]

Thank you for your help.

First of all, I live in Chiba, work in the Tokyo area full-time at a jr/sr high (T-Sat). I teach this term (up till mid-June) 17 hours a week. Then in mid-June to July, I teach 24hours/week. (The contract states we'll never work more than 20 hours a week). The school isn't helping me when I talked to them about this (on my 1st day, mind you). Anyway, to get to work, I take 3 TRAINS! I'm bound to be late if one of these is off. It takes about 1.5 hours to get from door-to-door. It doesn't seem reasonable to have "no exceptions" to such an outlandish penalty.

The dispatch company is DIC International. I haven't seen anything on them in forums before. The pay is not the standard 250,000 (thank goodness) but about 50,000-80,000 more than that, depending on expereince and education. Since my salary is better than I've seen in so many places, I was thinking of staying.

About the visa, yes I entered a tourist but never worked with it. I applied for jobs and was offered this one and then started the process with Immigration. We went to Shinagawa Immigration and got the Certif. of Elig. Then, we went again for the change of statis (my family is here). I had stamps on my passport saying we are in that process. Then, I started the job (last week). Just today, we got the "Intructor" visa on my passport, so I assume I will be signing the contract this week.

I wanted to know what power or authority I had to talk through some issues with the contract. The company is NOT offereing Insurance, Unemployment or the Pension plan (they told me "recession reasons"), so I feel I have a bargaining chip there, as I understand (through this forum) that this is illegal as well.

Anyway, thanks again. I go on eslcafe almost daily but rarely post as I get most of my information and questions answered by others asking and telling. It's been terrific. Thank you!

[bearcat]

First of all, you have no "negotiating" leverage what so ever. Just chuck that idea out the door. The second you start mentioning anything like illegal etc they can toss you on your ear. Remember, you don't currently have a contract, nor your final visa either.

1.5 hours commute and a 3 train deal is about average in Tokyo. I know people on dispatch with much longer and a larger hassle.

Until you sign the contract, you have nothing to prove they have any agreement with you beyond the implication of going to work for them. If they're willing to illegally handle insurances, fines from your pay, etc then don't be suprised that conditions stated to you initially will not match the contract either. Bati n switch is common in this industry. W5 staff services pulls this stunt at contract signing.

For now, you're going to need to wait to see if they make good on the contract and you get your visa taken care of.

Keep all documents. Log all hours worked, dates, times, etc. Log lateness with the train excuse etc. Keep impecible records of everything.

Join the General Union as well to help cover your butt. Don't quit then join or wait to get fired to join etc else they can't do squat.

Hope for the best, but damn well prepare yourself for otherwise.

[JimDunlop2]

[Glenski]

[PAULH]

[drdo]

Thanks again for all the help!

I got the Instructor-visa on Monday and the contract was in the mail--rec'd it today. I'm looking it over and some things are different then first voiced in the Interview--as we all expected. I'm using some of your words of advice in my 'chat' with them.

I've decided to address the school (my supervisor) as well, as several issues stem from them. In the past 3 years, they've had 3 foreingers up and quit (just didn't show up on Monday) and the one I replaced was not offered a contract. So, the school itself has some problems.

Thanks again.
DRDO