Job Discussion Forums

[JimDunlop2]

Because I am still a n00b when it comes to this.... I would like to ask some of the well seasoned readers of this forum: How does this stack up in terms of a contract? It comes from Mac's School in Shizuoka.... Please read and give me some feedback, as they are expecting a reply from me very soon. As an addendum: how negotiable are contracts or some of the parts thereof?

WORKING AGREEMENT


PARTIES OF THIS AGREEMENT:

A -- SCHOOL

Name: Telephone No.
Address:


Head of School management:

B -- TEACHER

Name: DOB: (Year/Month/Day) / /
Home Address:
Country:
Home Telephone No: Passport No:



THE TERM OF THIS AGREEMENT:

The term of this agreement is for

FIXED TERM OF 12 MONTHS

STARTING ON
Date (Year/Month/Day) / /

ENDING ON
Date (Year/Month/Day) / /






TERMS & CONDITIONS

1. SALARY

1-1 The teacher will receive a salary of 250,000yen per month paid in Japanese yen.
Ten percent (10%) of the gross monthly income will be deducted for income
tax. A refund is dependent on your visa status.

1-2 After twelve (12) months a financial working incentive of 100,000yen will be given to the Teacher for her/his commitment to this agreement.

1-3 Based on productivity, teacher performance and student satisfaction a bonus may be given in addition to the working incentive.

1-4 The salary will be paid on the last working day of the month.

1-5 The teacher will be provided with a furnished apartment near to the school and subject to the terms and conditions listed under Part 5 of this Agreement.

2. WORK CONDITIONS

2-1 The school opens from 10.00am to 10.00pm every working day, Monday to Saturday, closed Sundays and public holidays.

The teacher will usually work 8 hours a day up to forty (40) hours per week. This time includes teaching time, preparation and any travel time required. Over and above this, overtime rates of 2,500yen per hour are applicable.

2-2 Daily hours are flexible and will be arranged in consultation with the school manager.

2-3 The teacher must be at the school fifteen (15) minutes before the scheduled
class time.

2-4 There may be situations that require the teacher to work outside the business
hours of the school. In this case, if presented, the school will discuss with the
teacher in advance and a mutual agreement will be made between all parties
involved. In this case, the school will cover all travelling expenses.

2-5 No teacher will give private lessons for his or her own financial gain. No
teacher will take out, meet privately outside, or spend time with any student
during working hours at the school, without the permission of the school
manager.

2-6 The classes are small and of conversational English. Consideration should be
shown to all levels of ability, and classes made enjoyable at all times.

2-7 If the teacher is not teaching during his/her working hours, the teacher should use the time for class preparation, research or other school related activities. In some cases the teacher may be asked to help with school management/administration matters.

2-9 The teacher will consider themselves as school staff, and behave accordingly
at all times. Failure to abide by these rules will result in immediate termination
of this contract and loss of any unpaid wages.

2-10 The teacher must work with sincerity and show pride in his/her work at
all times. The teacher should provide the working skills to satisfy the students
requirements.

2-11 The teacher should dress and act in a professional manner. Inappropriate
presentation, conduct or instruction will not be tolerated and could result in termination of this contract.

2-12 Discussion with school management is recommended if any problems arise.

2-13 The teacher must inform the management any time spent with a student during
a work day. Also teachers are required to inform the school management of
outings with school students, after hours.



3. PERSONAL HOLIDAYS, VACATIONS AND SICK LEAVE

3-1 The teacher will have two days off per week, including Sunday.

3-2 The scheduled day off will depend on the current status of student
enrolment and scheduling flexibility. Consideration will be given to the
teacher�s needs, but it is their dedicated instruction that permits the school to
provide professional instruction to every student.

3-3 Holidays are subject to the schools schedule at the time of request for leave.
The teacher will have eight ( days holiday. (May 1st August 13,14,15th plus
December 29, 30, 31 and January 2nd OR
May 1st, August 13,14,15th plus December 30,31st, & January 2, 3rd )

3-4 More unpaid holiday is at the discretion of the school in discussion with the
teacher and management. Also 6 weeks notice is required.

3-5 If the teacher wishes to take extended time off or a holiday for personal reasons. Permission must be first sought from the school management. In this case a substitute teacher will have to be employed. The teachers salary will be reduced by 13,000yen per day, to cover the salary of the temporary teachers.

3-6 If the teacher is sick for more than three days in a row, there will be 9000yen
deducted per day beyond the three (3) days allowed. If the teacher is sick for
seven days or more and will not be able to teach, the school will look for
another teacher and terminate this contract. (The school management will
discuss the situation, at the time in a sympathetic manner with the teacher ).

3-7 Regularly unexplained missed days, will generally lead to termination of the
contract.

3-7.1 If the teacher is taken out during their day off by students, or before or after work, the teacher should inform the office in order that we can thank that student for their kind display of generosity.


4. TERMINATION

4-1 The teacher must provide three months in advance a written notice of
resignation to terminate this contract. The time required is then used to find a
replacement teacher for the open position. This period will include hand over
time, school introduction and liaison between the incoming and outgoing
teachers.

4-2 The teacher must clean the apartment out, pay all bills, and hand over to the
new teacher. If further cleaning is required to the apartment, the cost will be
deducted from the bond before returning to the vacating teacher.



5. SCHOOL APARTMENT

5-1 The school will provide accommodation for the teacher and will
endeavour to assist the teacher in feeling comfortable and settled in Japan.

5-2 The teacher will rent the apartment provided by the school and will be given the
Rent allowance of 30,000 yen per month.

5-3 The teacher will pay the rent of either 63,000yen or 68,000yen per month for
the rent. The rent must be paid one month in advance.

5-4 The refundable bond is 100,000yen. The bond will be taken from the first and
second months salary. ( 50,000 yen per month ).

5-5 On termination of the contract, an inspection of the apartment will be made.
Any repairs or unpaid bills must be rectified and cleared before vacating.
Unpaid accounts will be deducted from the bond if not paid as requested.
The balance of the bond will then be repaid to the teacher.
The school has two furnished apartments for the teacher. Both apartments are
furnished and include a kitchen, bathroom and toilet. The apartment will have
the minimum of furnishings as follows:

Gas Stove Microwave oven
Refrigerator Futon mattresses and bedding
Electric washing machine Colour television
1 Air conditioner Couch
Heater Kitchen table and two chairs.




All fixtures and fittings belong to the school apartment.
Assorted kitchen supplies including pots and pans, cutlery, and plates and bowls, are not to be removed from the apartment. Bathroom supplies and other consumables are not the responsibility of the school. ( Soap, shampoo, etc.)

Maintenance of the above fixtures and fittings as well as any costs of repair for these services will be the sole responsibility of the school.
The teacher will be responsible for all charges billed for Gas, Water, and electric used in the apartment, also the telephone bill to the apartment is the responsibility of the teacher.



6. OTHERS.

6-1 The school does not provide any health benefits or contribution programs.
The teacher must have the correct travel insurance before coming to Japan to
work, since the school is unable to provide benefits to compensate any
unforseen circumstances.

6-2 The teacher can use the school�s PC for E mail, send and receive during business hours .

6-3 The Teacher will be held responsible if He / She defames the school, causes
damage, causes loss of business through malicious action, or by other means.
Immediate termination will result, withholding salaries owing as compensation.

6-4 The school will give the teacher three (3) months notice of termination of contract.


I agree to adhere to the terms of this contract and fully understand my obligations detailed within. The school management reserves the rights to terminate this contract or make adjustments only after consulting with the employee. The school management also reserves the right to terminate, withhold money / or provision stated within this contract if the teacher fails to fulfil dutifully any one or more of the aforementioned clauses.TEACHER Name ( Print ) :________________________________ Signature :____________________________ Date: / /School Manager Name(Print):______________________________________Signature:______________________________ Date: / /




Doc up dated 2003

[matko]

That is a TERRIBLE contract!!! One of the worst I've seen.
They sound like complete control freaks!! Also, only 8 days vacation?!?!
You WILL be miserable there!

[Glenski]

Sounds like they've had lots of problems with foreign teachers and want to keep a tight reign on them.

No mention of national holidays being days off? Bad.

If you show up for work less than 15 minutes before class begins....What happens? This is not outlined. Are you docked a day's pay, or fired, or just reprimanded? Bad.

Work 40 hours a week, yet they offer no means of health insurance? Bad.

I found their statements about non-fraternization to be contradictory:
2-5 No teacher will give private lessons for his or her own financial gain. No teacher will take out, meet privately outside, or spend time with any student during working hours at the school, without the permission of the school manager.
3-7.1 If the teacher is taken out during their day off by students, or before or after work, the teacher should inform the office in order that we can thank that student for their kind display of generosity.

No provision for penalty if you give notice less than 3 months in advance. Bad.

I wasn't aware that a school can arbitrarily choose what percent of a person's salary goes to tax. Isn't this regulated by governmental law and your visa status? Bad.

Don't sign this contract.

[David W]

I agree with Glenski and Matko, I would avoid this school. Although the pay seems fair, working conditions are a bit strict. As I understand it you must get 10 days paid holiday a year. This should not include days when the school would normally be closed but I could be wrong on this. Remember also that the legal contract will be the one in Japanese and may be different from the English one. I wouldn't go near this school with a 40 foot barge pole.

[PAULH]

Just a couple of other points

The contract says you can not etach private students- this clause is put into stop you stealing students from your school to teach yourself at a lower rate or at home.

The school can not dictate who and where you seepeople, students or otherwise outside of business hours. When not working your time is your own.


As Glenski said the taxation rate is decided by the national government, not by your employer. you are free to file a tax return with the tax office and claim a refund independent of your employer. By law they must provide you with a tax certificate at the end of the year. Taxs are usually filed in mid-Febraury.

You are not required to give 3 months notice when you live. 2 months is generally acceptable and some people give one month notice

By law when you leave a company they are required to pay you any unpaid wages that are owing and can not keep unpaid wages as punishment or fine you for any infractions. If in doubt call a union representative or the Labour Standards office.



Income tax is around 8% for a teacher on a 250,000 yen a month salary with a working visa.

This is the first time that I have heard of a school fining you for being sick. What if you are hospitalised and come down with a 40 degree fever and in bed for a week? rRther heartless I would say.

If you are considered full-time you are entitled to national health insurance and pension premiums being paid on your behalf, and also your employer must pay into an unemployment insurance scheme if you have to leave your job and are subsequently unemployed. Large schools get around this but only counting your teaching hours (2.5 hours or 'part' time) and not your office hours (40 hours a week). Better clarify what you are entitled to receive and what he is clocking your full-time hours to be.

[PAULH]

PS As far as contracts are concerned generally they are considered non-negotiable- most employers will adopt a take-it-or-leave- it atitude. A lot will depend on how desperate he is for teachers but it looks like that with this contract he has stacked the deck in his favor.

As one poster mentioned contracts written in English in Japan have no legal standing and will not be accepted in a Japanese court of law. the only contract you should be concerned with is the Japanese-language one and it may be a good idea to get a translation if you dont read Japanese. often they will leave things out of the English version, as the Japanese one is the one that immigration sees when you apply for your work visa.

IMO English contracts are not really worth the paper they are written on, and this is coming from someone with many years in this country.

[Glenski]

Due respect to Paul, but civil law says that you have to give only 2 weeks notice before resigning. However, if your contract says something else (such as 3 months), the contract supercedes civil law. In all fairness to Paul, who shares a lot of my own sentiments and experience, I agree that many (most?) people who give a month's notice will not have any serious problems.

Oh, and as long as I'm online, I'll add my own agreement to the thought that most contracts in Japan are non-negotiable.

[PAULH]

"More unpaid holiday is at the discretion of the school in discussion with the teacher and management. Also 6 weeks notice is required.

3-5 If the teacher wishes to take extended time off or a holiday for personal reasons. Permission must be first sought from the school management. In this case a substitute teacher will have to be employed. The teachers salary will be reduced by 13,000yen per day, to cover the salary of the temporary teachers".



You take extra days off, where he doesnt have to pay you when he normally would. He hires a part time teacher to replace you and he takes out an extra 13,000 a day in addition to the salary he doesnt have to pay you by your not working those days.

I'd say hes doing pretty well out of the whole deal.


PS I would also be careful of situations where they make you work split shifts i,e work 3 or 4 hours followed by a 2-3 break and then a 4 hour shift.

There is not much you can do in those middle hours (you may not be able to go home or even teach some private lessons in what is 'your' time) but some schools will get you doing administrative and management duties to fill up the day (your being paid to teach English, are you not? You are not being employed or trained as a manager either. Caveat emptor.

I had days where I had a lesson at 9 or 10 and then at 3 in the afternoon and then they make you hang around all day doing chores for them. Like someone said above- this guy sounds like a control freak.

[matko]

Another thing,
My first school in Japan also had a policy of not going out with students without permission. No-one sought this permission because the students were afraid of the owner. However, we still did go out. Let's face it, you are new to Japan, who are you going to hang out with when you don't know anyone? Your students of course. There is nothing more pathetic than adults having to sneak around and avoid "getting caught" by the owner of the school. It creates an atmosphere of distrust and makes you feel like you are doing something wrong, when in fact you are only socializing. Isn't that one of the reasons why people go to a foreign country?

[JimDunlop2]

This is exactly what I needed to know... When I speak with this school tomorrow, I will kindly turn down their offer...

Thank you everyone!

JD

[yamanote senbei]

Three years later, crap contracts like that are still on offer.

[JimDunlop2]

Wow! 3 years later, I wouldn't imagine someone resurrecting one of my first posts ever on Dave's. Well, looking back now I suppose it shows how much I've learned since then.

Any particular reason for looking this up, Yamanote? Is this school looking for people?

[Khyron]

I wonder if anyone actually signed this thing?

If I had that thing dangling in front of me, I'd take it and use it for TP. Anyone would be better off in Korea than accepting something like this!

The sad part is that I've seen even worse posted on this and other sites.

[Tottori-Dood]

After reading that contract I have a new appriciation for mine.

[nomadder]

I've seen worse too. One had a 42 page manual. You couldn't have a guest for more than a week and it even told you what to do if you dropped crumbs in the office. And never talk to another teacher in front of a student!

Another would charge the equivalent of one month's pay if you tried to leave the contract before the year was up-forget about a few months' notice.

Also a few companies were very reluctant to help you out. The staff may or may not help you with banking or medical probs, etc.

There is definitely a slave industry out there.

Hard to believe that English contracts are not "real". Why doesn't someone fight this? Reading hieroglyphics would be easier than Japanese for most people for many years.