Job Discussion Forums

[Canuk girl]

Hello, because I'm new at this, I was wondering, before I accept this position, does this sound like a good job description/contract???
Help!!
Thanks

[Mike L.]

"During the contract period, the Employer is entitled to revise this contract according to and within the lawful boundaries with agreement from the Employee."

They can change the contract after it's been signed? This is crap!

After you sign it they could put anything in there they want.

Deducutions are legal, for the time you missed, but not on this scale.

According to their contract if you missed 5 classes in a day you would owe them 50,000 yen. That's ludicrous.

They promise a bonus but say how much and or state clearly what the criteria are for getting this mysterious bonus.

Tell them to forget it!

[lajzar]

I'm especially cautious about the bit where they insist that japan has four seasons. This is not something any employer can enforce. They clearly have delusions of grandeur.

The exclusivity clause preventing you from having two employers is fairly commonly, and almost as commonly flouted (thats flouted, not flaunted).

Renewal is by mutual agreement 5 months before the end? That is a massive lead time, and there is a huge potential for things to go sour in that time. They say you must give five months notice of leaving too. HAHAHAHAHAHA!

As for revising a contract, the only lawful way to do that is by mutually agreeing to sign a revised one. If they impose a new one, it isn't legal, so that paragraph is not valid, as they claim to only be able to change it within legal constraints. But as I said earlier, they seem to have delusions of grandeur.

The penalty clauses are excessive, and I suspect the unions would contest them.


"Upon _______request, new teachers will be allowed to stay with out-going teachers. "

Whose request? If Im paying the rent, No one enters without my express permission, on a case by case basis. Run.

[PAULH]

The Employee agrees not to inform any other people of the confidential matters of __________., which he or she may have learned after employment. Nor is the Employee, even after his or her employment with _________. is terminated, to talk about such confidential matters to others.


Ok they have fired you or 'terminated' you for some transgression. You are no longer working for them nor receiving a salary. What are they going to do to you for spilling their trade secrets- Fire you all over again? This is pure BS.

Anyway what could be so confidential and so important that they could bar you from telling others? Anyteaching ethod you learn can be found in any teachers training manual you buy at a bookstore. there is nothing secret or confidential about how teachers teach their classes.

I just saw a similar clause forbidding someone to work in the same prefecture after they have finished working for "L" conversation school.

Once you have stopped working for them you can set up shop next door to them, steal their students, marry their daughter and there is not a single thing they cna do about it.

[PAULH]

Firing, Quitting, and Contract Non-Renewal

I want to quit my job. How much notice do I have to give?
This question is not covered under the Labour Standards Law but is based on precedents set in civil courts. It all depends on whether you have a limited or an unlimited term contract, and if you have a limited term contract what contract year you are in.
Unlimited Term Contract --- two weeks notice is sufficient.
First year of a one year contract --- you can quit at either the end of the contract or quit by following the procedures laid out in the contract for quitting. If you don't follow these rules your company has a theoretical claim against you but can only act on this by using civil court procedures.
Second year (plus) of a renewed one year contract --- two weeks notice is sufficient.

My employer fired me suddenly. Am I entitled to anything?
This is a very difficult question to answer and includes many different factors; the Labour Standards Law, civil court precedents, Ministry of Labour guidelines on firings, and Japanese unions' perspectives on firings. Before we try to answer this question it is important for you to understand one important piece of advice. If you feel that you have been unfairly fired, don't sign anything (it may be a statement saying that you quit) and call the union immediately.
The Labour Standards Law states very simply that except in the most extreme of circumstances (you punch your boss, an earthquake destroys your workplace), an employer must give 30 days' notice or thirty days pay in lieu of notice. If you are fired, it is relatively easy to get this (Articles 19, 20).
The part of the law that is difficult are the many Japanese court rulings and Ministry of Labour guidelines on the propriety of firing someone. In Japan it is very difficult to fire someone in the middle of their contract (or workers who have an unlimited term contract) or someone with a one year contract which has already been renewed many times. 'Very difficult' means that in a civil court, unless the firing is done for "socially acceptable reasons" (which is up to a judge to decide), a firing could be overruled.
The problem with these precedents and guidelines is that the Labour Standards Office either won't enforce them or in many cases is powerless to do so. So unless you are prepared to go to civil court there is very little an individual can do to stop an unfair firing.
If you are fired call the union immediately and we can examine your situation. As stated in the Trade Union Law Q & A, a union can negotiate anything with an employer even if you are the only union member at your company.
On the other hand if you believe you have been fired for your union activity, we have many other ways to help you outside of the Labour Standards Law. Please see the General Union Q & A on the Trade Union Law.
If you are fired, remember one very important thing: tell the company that you don't accept their decision, offer to continue working, and make it clear that you are willing to work. Don't sign anything and don't try to one up your company by stating that you quit. The reasoning for this is that if you accept your firing or if you say that you quit, legally you are accepting it and it will make it more difficult to deal with this in the future.

Last week my boss fired me and told me to leave. He said he would pay the 30 days' dismissal allowance. Today he called me and ordered me back to work from tomorrow for the remainder of the 30-day period. He said I'm still an employee, and that I must obey him. Is he right?
No. If he wants you back to work, he must withdraw the firing completely. The employer-employee relationship ended on the day he fired you; the 30-day dismissal allowance is not a month's salary, it is an allowance which must be paid within 7 days of the firing (Article 23). The only problem here is proving that he really told you not to come to work again. He may claim later that he simply gave you 30 days' notice of dismissal. If you have documentary evidence, or a tape-recording, you will almost certainly win your case through the Labour Standards Office or in a Small Claims case at court.

I want to quit my job before the end of my contract and now my employer won't pay me this month's wages. He also wants me to pay a fine of one month's salary. Is this allowed?
No. Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your employer must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23).
If this happens, it is very easy to retrieve both the fine and the back wages using union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you are liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. We have never actually seen a language company sue an employee for quitting a contract without proper notice.

It is stipulated in my contract that I can be fired without notice during a three month probation period. What does the Labour Standards Law say about this?
Regardless of the length of probation written into your contract your employer cannot fire you without notice (see section regarding firings) after you have completed 14 days of your contract. During the first 14 days your employer may fire you without notice (Article 21).

Can my employer not renew my contract without offering me any reasons?
Sadly enough, the issue of contract non-renewal is not dealt with in the Labour Standards Law. Once again we would advise that any worker in this situation call the union immediately and not sign anything from the employer.
Civil Law does deal with this issue but the only way to use this law for an individual is to sue the employer. Past civil rulings have said that a one year contract worker who has been renewed several times should be treated like a worker on an unlimited term contract and therefore an employer must have proper reasons for dismissal (non-renewal). In the past the General Union has been able to deal with this issue inside and outside of courts especially against companies who use non-renewal to fire union members for union activity.
The same with firings; if you're told that your contract is not being renewed, try to get the company to give you reasons (they don't have a legal obligation to give you any) and tell the company that you don't accept this and are willing to work at any time (see the question on firings).


Wages

The company I work for claims that they are having financial problems and therefore can't pay our salaries on time. Is this allowed?
No it isn't. The law states that salaries must be paid at a predetermined time each and every month (Article 24). The problem again is that the Labour Standards Office will do very little about this especially if the company offers another date for payment.
You should never take the late payment of wages lightly. Most workers try to be understanding about their employers' financial state but our experience shows that late payment of wages is a most often a sign that your employer is not experiencing a minor problem but rather a very big problem that may lead to bankruptcy.
It is very important that the Labour Standards Office be informed of such a problem even if you only report it without asking for action regarding the problem. This is so that if you return to the Labour Standards Office in the future for a consultation over the matter in the future, the case will already be documented and the Labour Standards Office won't deal with this as a first time case (which means they may treat the issue lightly).


My employer sent us home early from work the other day because there wasn't any work to do and now he won't pay us for this time. Is the employer obligated to pay my wages during this period?
Your employer is obligated to pay 60% of your wages if they close the enterprise or do not allow you to work during your scheduled time (Article 26). In some cases, such as your school being destroyed in an earthquake, the law does not apply.



Overtime, Lateness, Rest Periods, and Days Off

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, 3
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.

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".





How many hours can I be made to work without a break?
Japanese law does legislate break time which a company must give their employees (even though it is unpaid). On a six hour shift you must be given a forty-five minute break and on an eight hour shift you must be allowed a one hour break (Article 34). Therefore if you work from 12:00 - 9:00 and you have an hour for lunch, your company is meeting its legal obligations.

What are the laws about sick days, days off, and national holidays in Japan?
Regarding sick days and national holidays there is no law (though having national holidays off is the norm), and you must have at least one day off per week (Article 35).
Your company is required by law to offer you a set number of flexible holidays based on the number of years service (days to be used at your discretion). Part timers are also covered by this law and their paid holidays are based on the number of days worked per week and the length of service (Article 39). See the Paid Holidays Chart for further information.
The paid holidays owed to you by your company are separate from the set holidays offered by the company (Obon, New Years). In most cases, days set by the company cannot be subtracted from your own personal holidays but there are exceptions (look at the section on workers' representative).

[Glenski]

I agree with the other posters. Here are my additional remarks.

[Canuk girl]

Hi Guys, thanks for your responses. I'm glad you pointed out all of those things to me. I would have taken it, as I'm feeling so desperete.

This is such a frustrating situation, I spend hours filling out an application, and the school hires somone else first. Another school wants me there in two weeks, I can't go, they change their minds, they want me there in August, I can go, and they don't hire me. I get a job offer, the contract sucks. Three and a half months at this is leaving me feeling beat down, and frustrated. I have an English degree, a TESOL certificate, I'm a native english speaker, with over five years experience working in teaching situations. I just don't get it.
Enough ranting, thanks so much for your time, and assistance.

[PAULH]

Canuck
I would say that unless you apply through the large language schools such as NOVA and ECC and AEON that recruit teachers overseas, trying to get a job through email and internet is setting yourself up for diappointment and despair. The companies are calling the shots, you are dancing to their piper.

All I can suggest and this may appear risky to you, is to save up the funds you need, fly over in person and start hitting the pavements. No one will hire you without an interview, unless you are actually in Japan applying for jobs, with a valid work visa stamped in your passport.

Carpe Diem ('Seize the Day' Robin Williams Dead Poets Society)

[Glenski]

Canuck Girl,

Don't feel depressed.

Places that want teachers to drop everything in their lives and come to a foreign land on two weeks notice are not always to be trusted anyway. Yes, some may have just lost a teacher for whatever reason, but I've also seen my share of places that just want the body, and they promise to figure out the paperwork "later", but later never comes.

Yes, some contracts suck. It's part of life.
Yes, schools will hire other people instead of waiting for you to fill out an application. Perhaps what happened is that someone was already in Japan and was more available, not better qualified.

Don't take these to heart. Just accept them as a part of the regular hiring process. If you were applying for any job in your own country, these things would happen. It's all part of experience. You should find what you want and like, not what is most easily available to get you in this country.

Remember, you will be moving to a land far from your own, where the language and (many) customs differ greatly from yours. You should credit yourself that you haven't accepted a job with a bad outfit right off the bat, just to get your feet in Japan. Better to sift through the contracts and job openings so you can come here and feel somewhat comfortable. People too often see Japan as a mystical place of wonder that will thrill and enchant them (first), and they fail to realize that it's a job that they are getting into (second). A job has its responsibilities, but one overseas has a lot of caveats and potential pitfalls. I can only urge you to be patient and take what you think is a good offer instead of landing here with an iffy one, only to find it is worse than iffy, and you have to deal with it along with the foreign language you will face in daily life, the cramped isolated living conditions, the lack of friends in your immediate vicinity, the different food, and the total unawareness of how to do the simplest things that you take for granted now. It's worth the wait, if for no other reason than for your personal sanity.

[PAULH]

I would just like to add, (and this may not happen to you but has happened in the past) a company hires you, does all the paperwork, gets you a visa, arranges accomodation and you are also set to go, and two days before you leave, you are hit by a truck and break both legs, a better offer comes along and you decide the original sponsor is not for you. so they are left to hang out to dry with you still in Canada, a class full of students, and no teacher.

Would you still get on the plane if you had to attend a funeral or your best friends wedding comes up? Unfortunately life gets in the way of making plans and many companies here are scared s**tless of fickle foreign teachers saying they will come here but they never make it past the airport because of some family crisis.

You may have the best intentions in the world, but as Glenski says what they are after is a warm body and a bum in a seat in front of a student ready to go, and as far as they are concerned you could be the Boston Strangler until they actually get to meet you and see you perform. Nothing in certain in life until you actually turn up at Narita or Kansai with your visa in hand, ready to start the next day.


This is not to put you off but let you know the realities of doing business here and what schools are after.

[Canuk girl]

Glenski, and Paul H.

Thank you, once again. I know I sound like every other foreigner looking for a job in Japan, or rather; I AM like every other foreigner looking for a job in Japan. It's just that I've heard so many stories of how many jobs are floating around out there, I didn't know it would feel so defeating.

I do understand your point Paul, that it is difficult for Schools to trust that teachers will actually show up, and be accountable. Maybe it would be a better idea to go to big chain schools to find something, although everyone talks about them like teaching there is a fate worse than death... my thinking is anything would be better than going back to my job at a school here where I get physically beat on, coming home from crazy shifts bruised and exhausted.

My fianc�e and I were planning on me getting a job before we go, him finding something when we got there, either with him on a WHV, or a dependent visa. We've read books from the library, from bookstores, from friends who spent time in Japan; we've even learned some Japanese! I've made Dr. appointments, and lists, had friends and family change the date of events. We've saved money, to have 6000$ CDN for us to be able to survive there for at least a month. It sucks because I can't go back to my job in September, and the other postings for September have been filled, so I'll be out of work. It just seems like I'm working so hard for something that just keeps turning up disappointment. Ahhh. Anyways, Glenski, I probably will send you an email regarding that file on going straight to Japan to find a job. We've even begun to consider S. Korea, which even seems like a waste of time after everything we've learned about Japan!
Anyways, sorry to rant, and complain, but if anyone knows the frustration, I'm sure it's people who've been there.
Thanks so much for all your help, the people who view this forum should consider themselves lucky to have people who so much experience and knowledge on the issue.
Alana

[PAULH]

[PAULH]

Alana Im a bit out of the loop on (eikaiwa) teaching jobs but from where I sit there ARENT that many jobs- the economies in the US and Canada are shot to hell, as well as in Japan, students can not afford to pay the huge fees at language schools like in the bubble days. There are a lot of jobs, but you also have a lot more people chasing after them.

If this is a contradiction I meant to say the number of jobs has decreased though there are still a lot and a demand for teachers However the number of people applying for each job overseas probably exceeds the supply and the large chain schools are more choosey about who they take now, probably 1 for every 2 or 3 who apply. Getting a job here is about timing, presentation, attitude, saying the right things during the interview, as well as contacts. Where you want to work is important too, becuase if you say you want to work in Tokyo or Kyoto chances are you may not get what you want first time around.