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Contract question

 
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ocyrion



Joined: 20 Oct 2004
Posts: 20
Location: Chiba, Japan

PostPosted: Mon May 01, 2006 2:06 am    Post subject: Contract question Reply with quote

Hi there,

I recently worked for an ALT dispatcher for a few days, but I resigned before signing the contract. I worked for a few days at the school with no contract.

I want to get paid for the few days I worked, and as I understand it, they have to pay me for the work I completed regardless of the fact that I hadn't signed the contract. However, they want me to sign the contract before they pay me, and said that there might be repercussions once I have signed it.

What should my approach be?

Thanks
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earthmonkey



Joined: 18 Feb 2005
Posts: 188
Location: Meguro-Ku Tokyo

PostPosted: Mon May 01, 2006 2:32 am    Post subject: Reply with quote

They say there will be "repercussions" if you sign the contract. What are they going to do, fire you?

I'm sure you know, and others will surely point out, it's not a great Idea to start working without a contract.

My only advice is to go to the office in person. Don't communicate with them by phone or email. If you go there and are insistant, perhaps they will be uncomfortable enough that they will pay you to make you go away.

Why did you quit?
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Mon May 01, 2006 2:39 am    Post subject: Reply with quote

I think the title of your post and its real situation are ironically stated.

You didn't have a contract in the first place, so how can you have a question?


The "repercussions" are that you worked without a contract and now you want money for it? Come on. You have your work visa, don't you? Move on and live with the fact that you at least got a taste for work.

You aren't going to put that employer on your resume, are you? There must have been a real important reason that you quit after only a few days.
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Mon May 01, 2006 3:22 am    Post subject: Reply with quote

According Labor Standards Law an employer can dismiss an employee at any time during the first two weeks of employment, but of course they still have to pay you for the work done.

But you quit before two weeks, right?

Your employer might threaten to deduct from your wages since you quit. But this is illegal according to Labor Standards Law also. You can check what your employer can and cannot do at the National Union of General Workers Tokyo South website.

http://www.nambufwc.org

There is a link to the Labor Standards Law there.

In any case, do not sign anything!!!!!

If they won't pat you, threaten to go to the Labour Standards Office in your area and report your employer to them. If they still don't then actually go to the Labour Standards Office and they will investiagte the employer. Employers absolutely do not like to be bothered by the Labour Standards Office, so your employer should comply with just the threat. Other threats can include the Tax Office, if you suspect them of tax fraud.

If you need an interpretter, your local International Association can help you.

Don't worry about not having signed a contract. If you have an email saying that you have been hired, then your case is strong.

ALT dispatch companies are notorious illegal outfits. Many do no even have dispatch licenses. They deserve no breaks. Bash them on the head.
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Mon May 01, 2006 3:23 am    Post subject: Reply with quote

According Labor Standards Law an employer can dismiss an employee at any time during the first two weeks of employment, but of course they still have to pay you for the work done.

But you quit before two weeks, right?

Your employer might threaten to deduct from your wages since you quit. But this is illegal according to Labor Standards Law also. You can check what your employer can and cannot do at the National Union of General Workers Tokyo South website.

http://www.nambufwc.org

There is a link to the Labor Standards Law there.

In any case, do not sign anything!!!!!

If they won't pat you, threaten to go to the Labour Standards Office in your area and report your employer to them. If they still don't then actually go to the Labour Standards Office and they will investiagte the employer. Employers absolutely do not like to be bothered by the Labour Standards Office, so your employer should comply with just the threat. Other threats can include the Tax Office, if you suspect them of tax fraud.

If you need an interpretter, your local International Association can help you.

Don't worry about not having signed a contract. If you have an email saying that you have been hired, then your case is strong.

ALT dispatch companies are notorious illegal outfits. Many do no even have dispatch licenses. They deserve no breaks. Bash them on the head.
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Mon May 01, 2006 3:27 am    Post subject: illegal gyomu itaku dispatch Reply with quote

According to Labor Standards Law an employer can dismiss an employee at any time during the first two weeks of employment, but of course they still have to pay you for the work done.

But you quit before two weeks, right?

Your employer might threaten to deduct from your wages since you quit. But this is illegal according to Labor Standards Law. You can check what your employer can and cannot do at the National Union of General Workers Tokyo South website.

http://www.nambufwc.org

There is a link to Labor Standards Law there.

In any case, do not sign anything!!!!!

If they won't pat you, threaten to go to the Labour Standards Office in your area and report your employer to them. If they still don't then actually go to the Labour Standards Office and they will investiagte the employer. Employers absolutely do not like to be bothered by the Labour Standards Office, so your employer should comply with just the threat. Other threats can include the Tax Office, if you suspect them of tax fraud.

If you need an interpretter, your local International Association can help you.

Don't worry about not having signed a contract. If you have an email saying that you have been hired, then your case is strong. How about sending an email now with a bcc to yourself saying, "Can we agree that I worked for you for X days?" or something which will get them to admit that actually did employ you. Phone conversations and one on one conversations won't have as much weight as printed info to the Labour Standards Office investigator.

ALT dispatch companies are notorious illegal outfits. Many do no even have dispatch licenses. They deserve no breaks. ALTs are always taking them to the Labour Standards Office. Bash them on the head. Good Luck!
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wangtesol



Joined: 24 May 2005
Posts: 280

PostPosted: Mon May 01, 2006 3:29 am    Post subject: Reply with quote

Whoops sorry. You still have to be an employee in order to start an investigation against your employer at the Labour Standards Office.

You could tell the investigator that it is not certain what your employment status is since your employer wants you to sign the contract.
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angrysoba



Joined: 20 Jan 2006
Posts: 446
Location: Kansai, Japan

PostPosted: Mon May 01, 2006 4:07 am    Post subject: Re: Contract question Reply with quote

ocyrion wrote:

I recently worked for an ALT dispatcher for a few days, but I resigned before signing the contract. I worked for a few days at the school with no contract.



Which dispatcher did you work for? Don't feel you have to protect them. Name them, they shouldn't have let you work without a contract.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Thu May 18, 2006 2:25 am    Post subject: Reply with quote

Who are they? It sounds suspiciously RCS-ish. Do you have a a work visa?
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