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taikibansei
Joined: 14 Sep 2004
Posts: 811
Location: Japan
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 Posted: Wed Apr 05, 2006 5:52 am Post subject: |
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| PAULH wrote: |
Just in case you dont know a former teacher at NOVA, Kara Harris just sued NOVA for unfair dismissal, and harassment by her employers. She has just won a judgement for seven million yen against NOVA.
Shows what you can do if you stand up for yourself and the law is on your side. |
To be fair, there are numerous examples of such victories, particularly against NOVA. Bottom line: if you were employed legally, have a signed (by both parties) contract, and have the time/money to pursue a legal case, you will almost invariably win up to the exact terms of your contract and/or the limits of the law (in those cases where a particular clause in your contract violates the law). Indeed, the law very often works in your favor--as it has in each of the victories against Nova--protecting you from bad contracts.
In Keith's case, however, he had neither a legal right to work here nor a contract; worse, he's strapped for cash and scrambling for a place to stay--i.e., the worst combination of conditions possible. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Wed Apr 05, 2006 5:55 am Post subject: |
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Keith, of course immigration is going to say that. they are not going to say you can work with no visa stamp as you will get every Tom Chuck and Jane thinking its a visa free-for-all and they can work without visas,
This is a government bureaucracy you are talking about and people have been doing that for years, including me. Americans cant get WHV and come here all the time on a tourist visa and find a sponsor. You simply did it back to front.
Get a sponsor, get the application stamp and then you are legal to work here. Its the way things are done here.
PS go after GES and you are going to have a lot of very angry English teachers going after you. It wont affect Kojima-san but it will pi-ss off a lot of foreigners working here.
Last edited by PAULH on Wed Apr 05, 2006 6:00 am; edited 1 time in total |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Wed Apr 05, 2006 5:58 am Post subject: |
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| Keith_Alan_W wrote: |
PaulH:
"If you were to say to immigration at the airport you were coming for a job on a tourist visa they would put you on a plane back to your point of origin."
Stupidly, I told them I was coming to work here when I got off the plane without a visa. They still let me through. perhaps I was just lucky. (Or perhaps I would have been luckier to have been deported given the situation I am in now and how much money it has cost me.)
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People have been deported for doing just that, usually after a night in a detention cell. It all depends on the mood of the immigration officer at the time. he is within his rights to detain you if he thinks you are here to work illegally.
More on the Harris story and teaching in Japan
http://www.smh.com.au/news/world/hard-lessons-from-teaching-english-in-japan/2006/03/14/1142098460885.html |
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Keith_Alan_W
Joined: 26 Mar 2006
Posts: 121
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| Posted: Thu Apr 06, 2006 3:05 am Post subject: |
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taikibansei:
One question: If schools tend to only advertise for new teachers 1.5 - 2 months before the beginning of a new school year and it takes 2 - 3 months just to get the Certificate of Eligibility (which according to the written rules, you are not allowed to work with this document) and another few weeks to a 1.5 months to actually get he work visa, then how many new teachers in this country DO have the legal right to work here? |
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taikibansei
Joined: 14 Sep 2004
Posts: 811
Location: Japan
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| Posted: Thu Apr 06, 2006 6:24 am Post subject: |
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Just noticed this post...sorry for the delay in responding.
| Keith_Alan_W wrote: |
If schools tend to only advertise for new teachers 1.5 - 2 months before the beginning of a new school year |
What schools are you talking about? This is certainly not true of all, or even most, of the better employment options in this country.
Now, because of your circumstances and qualifications, you're pretty much stuck applying at schools that usually hire people both already in this country and possessing visas giving them the right to work. This is why these schools only advertise for new teachers when they do (heck, they usually have their pick of NOVA escapees....  )...and why they keep turning you down.
Many first timers come to Japan after being hired from overseas through a Big Four conversation school, the JET Programme, a college/university, or the other organizations that make such hires--i.e., they all come here with work visas. Other people come over on spouse visas, working holiday visas, etc. You didn't. And while I agree completely that you were scr*wed by that company, your particular situation (i.e., coming here with no job, little money, no local contacts, etc.) is not necessarily the norm.
| Quote: |
| it takes 2 - 3 months just to get the Certificate of Eligibility (which according to the written rules, you are not allowed to work with this document) and another few weeks to a 1.5 months to actually get he work visa, |
Who the heck told you this? This last time, I got my work visa in 4 weeks--from the start of the process to the end. The other times I've needed a visa, it's taken an average of 7 weeks--i.e., I've never heard of someone needing 3-4 months to get a working visa.  Also, can't someone legally work once an application for a work visa has been filed?
| Quote: |
| then how many new teachers in this country DO have the legal right to work here? |
I'd say almost all of them. Seriously, it's not that difficult to get one here--assuming you find someone willing to sponsor you. Good luck, there.... |
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Keith_Alan_W
Joined: 26 Mar 2006
Posts: 121
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| Posted: Thu Apr 06, 2006 11:44 am Post subject: |
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| taikibansei wrote: |
| Quote: |
| it takes 2 - 3 months just to get the Certificate of Eligibility (which according to the written rules, you are not allowed to work with this document) and another few weeks to a 1.5 months to actually get he work visa, |
Who the heck told you this? |
The Osaka immigration office. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Thu Apr 06, 2006 11:59 am Post subject: |
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| Keith_Alan_W wrote: |
| Who the heck told you this? |
The Osaka immigration office.[/quote]
Well Keith, you can sit on your butt in your hotel for the next two months counting flies on the ceiling waiting for your visa stamp while your money runs out or you can 'cut corners' by getting sponsorship, the paperwork in and getting your application stamp and starting work the next day and earning money.
Im telling you what thousands of people do every day and they still get work visas issued. Sometimes i think you are your own worst enemy. |
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Keith_Alan_W
Joined: 26 Mar 2006
Posts: 121
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| Posted: Thu Apr 06, 2006 12:03 pm Post subject: |
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By the way. I do have a job now. working in a new school owned by a Canadian.
I'd like to make it clear thatI only came to Japan after signing a contract. i thought I had a job, but it only lasted 4 days.
Also, I arrived with more than a months rent and felt secure with this amount of money because I'd be able to eat at home and only pay 50,000 for accomodation and almost nothing on travel. What happened was comletely unexpected. I.e. spending most of that money on hotels, trains and resturants. If I'd wanted to arrive in Japan and look for a job, I'd have brought 750,000 yen, bought a JR rail pass in Germany, and not have been contacting potential employers since the end of January.
Also, I didn't want to work for a big franchise. I've sold McEnglish for EF in China. Got tired of everyone bitiching and hating their jobs. |
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gaijinalways
Joined: 29 Nov 2005
Posts: 2279
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| Posted: Thu Apr 06, 2006 12:03 pm Post subject: |
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| No, not English First. Try TIE (Thinking in English) in Yuracho, Shinjuku, or Yokohama. Technically, schools can have you work as a volunteer until you start working. Of course in practice this means the school pays you a lower wage until your certificate and your work visa are straightened out. If immigration or the police come, you just tell everyone that you are doing unpaid training . Hey, from reading about some other places and my experiences teaching in Taiwan where I taught with a German and a Dutch kindergarden teacher, anything can happen! |
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gaijinalways
Joined: 29 Nov 2005
Posts: 2279
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| Posted: Thu Apr 06, 2006 12:22 pm Post subject: |
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| No, not English First. You gmight want to try working at TIE (Thinking in English) in Yuracho, Shinjuku, or Yokohama. Technically, schools can have you work as a volunteer until you start working. Of course in practice this means the school pays you a lower wage until your certificate and your work visa are straightened out. If immigration or the police come, you just tell everyone that you are doing unpaid training . Hey, from reading about some other places and my experiences teaching in Taiwan where I taught with a German and a Dutch kindergarden teacher, anything can happen! |
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