Job Discussion Forums

Keith_Alan_W · Joined: 26 Mar 2006 Posts: 121

Global English School, owned by the tyrant Kojima-san, has left me in a very bad place indeed.

For more info, check this thread:
http://www.eslcafe.com/forums/job/viewtopic.php?t=36881

What can a teacher do when a school doesn't honor their promise of employment? I traveled half way around the world for a job that disappeared 4 days after I arrived. Now I'm without a visa, a phone, or a place to live. Kojima-san, the owner of GES, fired me for wearing the wrong pants and because there was a possibility I might commit a crime. Hardly justifiable reasons for being fired.

She at least paid me for the days I worked (I made sure to get a receipt), so I can prove she is employing people without working visas. I also have a copy of the contract that I signed and all the email correspondence from her recruiter stating that I was hired. Is this enough to take legal action against GES?

Is there a Better Business Bureau or a Center for the Protection of Workers Rights in Japan that I can officially launch a complaint through?

Any help in this matter would be greatly appreciated.

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

JimDunlop2 · Joined: 31 Jan 2003 Posts: 2286 Location: Japan

What a horrible situation! Thanks for the heads-up on this school...

Anyway, in regards to your situation, as Paul has mentioned, you have very little recourse right now. Why?

From the General Union website:

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).

Being an illegal worker in Japan does NOT mean you do not fall under labour law standards... Again from the same source:

My employer told me that since I'm a foreigner the Labour Standards Law and other relevant labour laws don't cover me. Is this true?

No. All workers in Japan, regardless of their status in Japan, are covered by all labour laws (Article Cool

.

However if you wanted to take action against this school, it would probably be advisable to speak with a lawyer to make sure you won't get deported for doing so.... It's unfortunate but many schools and companies in Japan are really SLOPPY when it comes to visa sponsorship... Whether it's on purpose or by accident, I know for a FACT (and from personal experience) that many people come to work in Japan with only a tourist visa, and a PROMISE from the company to provide a working visa. Of course, in 99% of the cases the workers starts his employment with the company WHILE THEY ARE WAITING for the company to secure a working visa.... So for a period of time, they are indeed working ILLEGALLY until the paperwork gets done. The reason why this happens is because it's almost never a problem and things usually go smoothly. The teacher starts working and shortly thereafter the visa comes through. But yours is a great example of what happens when something goes wrong.

This should be a warning for ANYONE coming to Japan to work for an eikaiwa (private company).... MAKE SURE you are 100% legal before you start working. Insist that the company dots the 'i's and crosses the 't's BEFORE you begin!

Here's a little-known clause... I don't know if you can invoke this -- but it's worth a shot -- ask a lawyer.

What things should be included in my labour contract with my employer?

Your labour contract must include the following: the length of the contract, wages, and set working hours. If your contract and actual working conditions differ you may cancel your contract immediately (Article 15).

The Labour Standards Law Ordinances also lay down that the methods for deciding on, calculating and paying wages, must be clearly stated in a written document delivered to the worker.

There is also a stipulation in the law that states that if you moved residence in order to start a new job and then your actual working conditions are different from the stated working conditions, you may quit and if you return home within 14 days the company is obligated to pay your way home. This would be the case for someone working at a school that recruits overseas. As far as the General Union knows, this law has never been tried with foreigners returning to their home countries. If you're in this situation, let us know (Article 15).

Furthermore, based on a new ordinance, employment contracts must now state whether they are renewable, non-renewable, or renewable based on performance or other criteria.

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

JimDunlop2 · Joined: 31 Jan 2003 Posts: 2286 Location: Japan

Yup, agreed 100%. My point only was, that it seems to be a very common practice for eikaiwas to start people working before they even have a COE or stamp in their passport that their visa is being processed.

Indeed, under NO circumstances should a prospective employee accept such a scenario! I still think that actual problems are rare, which is why it is done so commonly, but Keith is living, walking testimony to what can happen if something goes awry.