Job Discussion Forums

[dudelebow]

I have worked for a well known eikaiwa for 1 year and was refused a renewal contract. This next contract would have been my 3rd one. I was doing fine in my job with no complaints or warnings from my school or HQ.

In the meeting with the area manager, the reasons given to me were vague, disputable, and quite frankly totally unfair. I was not given anything in writing. Based on my performance reviews and personal inquiry, there was no reason to suspect I wouldn't be asked back. I even indicated in writing to the company that I wanted to be considered for additional contracts. Anyway, I was left with more questions than answers. I have good reason to believe I was railroaded and I want to fight for whatever rights I have left, even if my cause is in vain.

There is a small chance that I may receive another contract as I have requested reconsideration. This is currently pending, but not very hopeful.

According to the labour laws, do I have a right to receive a formal explanation in writing upon request? I believe I do, but I am researching this now. I wonder if anyone here has had a similar experience.

=Walter Sobchak

[gaijinalways]

Yes, according to Japanese labor law, if you have renewed you contract once and having worked for 2 years continually, you are considered as 'permanent staff'. That being said, schools/companies often try to find ways of wiggling out of this, but they generally need a specific reason such as continual violation of the school regulations (which are governed by labor law), continual unexplained absences/tardies, etc., or breaking some law (such as sleeping with a minor, etc.). Barring any of these situations, tell the school that you are going to pull it before the labor board (after you have waited for this reconsideration process to be finished).

Another option might be to simply find another job, which from the sounds of it might not be too bad also. You don't obviously need to tell the new school the real reason for changing, any practical lie will usually do, though occasionally an employer will try to blackball you, so don't let anyone at that school know where you are employing, 'loose lips sometimes sink ships.'

[The Dog Ate My Keitai]

Yes, a story we know all too well. My wife was also recently "railroaded." The boss of the eikaiwa decided that she wanted to hire her friend instead of my wife, so my wife's contract isn't getting renewed at the end of March. Sad thing is, ain't NOTHING you can do about it -- even the G.U. website admits that. If you are a union member, the union can rattle a few chains and make some noise -- but realistically, it would take a change in legislation and hiring practices to improve the situation.

Sad thing is, in my wife's case, it wasn't even a secret, and the boss admits it. Or I dunno... Maybe that's a good thing. In other places it would have been covered up.

In any event, contract non-renwal without a reasonable cause = getting fired. It should be treated the same way.

This is why both my wife and I will be making EVERY attempt to attend the NAMBU FWC protest march on March 5th. I encourage you (and anyone else who is concerned about foreign workers' job security) to attend and show your support.

[dudelebow]

Can anyone recommend a place in the greater tokyo area to get legal advice about my options? I'm afraid my situation is going to get messy and it would be nice to have counsel. It looks like I just might march on the 5th afterall.

[bornslippy1981]

The Saitama International Association has free English consultation on Friday afternoons. Their number is 048-833-2992.

The card I have says to call and make a reservation. You can speak with somebody in English M-F from 9:00-17:00 (to make the reservation I presume).

Their card says "consultation on learning Japanese, visas, marriage, divorce, employment issues, and any other problems welcome" for other people who are interested.

If you need directions to their office let me know.

[yamanote senbei]

Dudele you could try the Labor Consultation office in Iidabashi. If you make an appointment, they can get an English speaking interpreter for you.

According to this, the job security march has been moved to Shinjuku, although there's nothing posted about where the marches in Fukuoka, Osaka and Sapporo will be. I assume that they will be on the same day, March 5th at 1:30pm. Does anyone have any more information?

http://nambufwc.org/march-in-march

[dudelebow]

(NEWSFLASH)

I am going to protect the name of the school as they are currently investigating my particular matter. however, here are the latest developments:

i searched my personal file at the branch school and i found the following:
falsified sales performance numbers, trumped up charges, trivial complaints (example: crossed his legs in a meeting), one-sided reported incidents, unfounded rumors, personal and slanderous remarks and racist comments against my character. many of these charges and lies were not communicated to me.

i secretly brought these charges to the main office:
the main office of the school claimed that the file i found was not my 'real file'. according to the labor laws, they do not have to renew my contract.
I really like my company and hope that this matter is resolved. this seems to be just a few bad employees out to get me. i am hoping they will settle this matter fairly. however, if they don't, do i have any options available?

=Walter Sobchak

[dudelebow]

I have compelling evidence now that leads me to believe that my ex manager and current head teacher have conspired on a company wide smear campaign using my personal life to make sure i did not receive a contract. It was too easy to back my company's arguments and reasons against me into a wall. But they do not dare use whatever kind of information they have.

[kitano]

I know the situation must be really upsetting to you but I think you should just give up. I don`t mean don`t give them a hard time, do, they deserve it from the sounds of it. But even if you win do you really want to work there? There are lots of other jobs out there, especially at this time of year.

[dudelebow]

Kitano, thank you. you make a good point. i actually love working there and enjoy teaching. it's hard to speculate how and why this happened. my only guesses are misunderstanding, cultural miscommunication, in some instances jealousy, and their stress for making monthly numbers. I've enjoyed myself there very much and I want to continue. I suppose I should hold a grudge and give up, but its not my style. I don't want to give them or anyone a hard time. just want to clear my name and get the contract that i know i deserve.

by the way, i received a form letter which explained nothing. only that they do not want me to feel as though i was labelled a bad or undesirable employee. but my evidence shows otherwise.

[[email protected]]

I'm pretty sure it is after 3 years of employment- not 2 years- that you in effect become a permanent employee of a company in Japan. I worked for an eikawa once that had a maximim of three- one year contracts for any teacher. It was explained to me that even though a teacher might be exceptional now , he or she might develop a bad attitude or become lazy or whatever in the future, but the company was stuck.

This is a basic flaw with job security laws like this one in Japan and others like it, especially in western Europe. There is a direct inverse relationship between productivity and job security. Many people who can't be fired just don't work very hard.

The end result of silly legislation like this is that good people lose their jobs.

A one year contract is also a one year contract. A lot of people think renewal is automatic but it's not- for the above reason.

It's too bad, but blame the job security laws in this country, not your employer.

[dudelebow]

I see. Well, from what I can gather, employees at eikaiwa's are helpless to securing their job position and renewals for contracts from political and unjustifiable reasons. Some of them which include rumor mongering or personal smear campaigns.

Be careful my fellow foreigners, I suppose if your staff just doesn't like you, they can see to it in unfair ways that you do not stay employed at that company. Sure it's difficult to fire you, but contract based employment can leave us out to dry.

The Foreign Workers handbook (for foreign workers in Japan) says:
"When a fixed-term contract employee, who has already been employed for over one year through contract renewal, arrives at a new contract term, the employer must make an effort to extend the period of the contract period as much as possible, according to the substantiality of the contract and employee's wishes"

[kitano]

I think it is best to assume you have no job security in any job in Japan and that there is no easy way to correct injustices. You go out there, do your best but be ready to leave for something better. I`ve stuck it out in bad situations but it doesn`t pay off. You have to look out for number one.

Look for a new job, get a new job, tell employer you are leaving because they are a dick for reasons a,b,c. Enjoy your new job.

[dudelebow]

Sometimes the husband will get really angry at his wife when she finds out that he's been cheating on her. In Japanese, it's called something like below:
◆GYA KU GI RE
◇ギャ ク ギ レ
◆逆切れ (逆ギレ)

This is what happened to me at my school. After proving to the main office once and for all that my manager and head teacher at my branch school railroaded me out of a contract renewal by reporting lies, falsified performance statistics and trumped up charges (which i found and copied in my personal file), i was still refused a contract. Why? Because they got upset that I went into my personal file and alleged that i did so without permission. Heh.


anyway, be careful of working for companies where your manager, head teacher and assistant manager are japanese. miscommunication and minunderstanding can mean the difference of getting a renewal contract or not. luckily i have a new job working for a better company and i can put this experience behind me. live and learn i guess.

[yamanote senbei]

If you care about job security and want to do something about it, go to the March In March! If anything, you'll get the chance to network with a bunch of people who know the law inside out.

http://nambufwc.org/march-in-march/