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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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 Posted: Sun Jul 02, 2006 3:20 am Post subject: |
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| womblingfree wrote: |
| As for raising hell, unless you are a member of a union then you might as well just pull your trousers round your ankles and whistle dixie |
Exactly, Trade union law says that an employer is not even obliged to enter into negotiations, speak with you, listen to what you have to say even if its illegal. you are effectively toothless with no union representation. its employees themselves who choose not to belong (as they think its a waste of moeny, pointless etc) and they effectively disempower themselves as a result. Dont blame employers as the law says an employee must belong to a union branch in order to effect changes in the work place.
Quitting just lets the employer have a free hand as he knows no one will oppose him.
Q5: What are the purposes of the Trade Union Law?
To quote Article 1 of the Trade Union Law,
'The purposes of this law are to elevate the status of workers by promoting their being on equal standing with their employer in their bargaining with the employer, to protect the exercise by workers of autonomous self-organization . . . that they may carry out collective action . . . and to encourage the practice of collective bargaining .. for the purpose of concluding collective agreements.'
This is a very strong statement of affirmative action on behalf of unions, whereby union activity is not just tolerated, but promoted as something desirable for society. We should know this law, and know what it can do for us. |
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womblingfree
Joined: 04 Mar 2006
Posts: 826
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| Posted: Sun Jul 02, 2006 3:31 am Post subject: |
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| PAULH wrote: |
Quitting just lets the employer have a free hand as he knows no one will oppose him. |
The employer will still be powerless to pursue the matter if the contract is unenforcable. If the teacher walks out of such a situation the employer's no longer the employer, just some shark left with egg on his face.
Every teacher should join a union in Japan regardless.
Walking out of a job just means that your successor will get the same deal. Fight for your rights and improve the situation if possible.
Trouble is many teachers will feel that potentially giving themselves a nervous breakdown vs. walking into a new job is a no brainer.
Last edited by womblingfree on Sun Jul 02, 2006 3:52 am; edited 2 times in total |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 02, 2006 3:34 am Post subject: |
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| womblingfree wrote: |
The employer will still be powerless to pursue the matter if the contract is unenforcable. If the teacher walks out of such a situation the employer's no longer the employer, just some shark left with egg on his face. |
I want to quit my job before the end of my contract and now my employer won't pay me this months' wages. He also wants me to pay a fine of one month's salary. Is this allowed?
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Answer
No. Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your employer must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23).
If this happens, it is very easy to retrieve both the fine and the back wages using the union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you may be liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. In the last 15 years we have only seen one employer sue for damages relating to an employees sudden resignation and the employer lost the case. |
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womblingfree
Joined: 04 Mar 2006
Posts: 826
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| Posted: Sun Jul 02, 2006 3:38 am Post subject: |
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| PAULH wrote: |
Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your employer must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23).
If this happens, it is very easy to retrieve both the fine and the back wages using the union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you may be liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. In the last 15 years we have only seen one employer sue for damages relating to an employees sudden resignation and the employer lost the case. |
And knowing all that you've kept me up all night discussing the issue!
I'm off to bed.
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 02, 2006 3:45 am Post subject: |
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A couple of other points
An employer can not fire or harass you for:
being a member of a union or a chapter.
Encouraging others to form a union in your workplace
participating in a legal strike (they can refuse to renew your contract however but industrial action should not be the direct cause)
not obeying illegal clauses
Posting notices about negotiations and union actions in your workplace.
entering into negotiations over work conditions.
he can fire you (if you are not a union member) for
lateness
not turning up to work
being a disruptive influence
poor teaching and being incompetent
bad-mouthing employer to client school or to students.
unprofessional attitude etc |
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guest of Japan
Joined: 28 Feb 2003
Posts: 1601
Location: Japan
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| Posted: Sun Jul 02, 2006 4:03 am Post subject: |
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These laws are true, but they don't do much good when the employer is the one holding the money. The employer takes the money and then leaves it to the wronged employee to get it back through legal recourse. This is fine if the employee has the time and money to do so, but many do not. The actual punishment for employers breaking labor laws is tiny. It is actually in their best interest to break the laws. They'll lose a little money if the laws are actually emforced, but gain a lot if the employee doesn't pursue justice or the employer gets an interpretation that is favorable.
You are firth Paul, the laws are color blind, but the people who interpret them are not. If not, then why are certain prefectural labor standards offices famous for being completly unsupportive of the the foreigners who seek their help. One that spings to mind is Saitama, and another which doesn't seem to do a lot is Chiba.
For me it's all mute now. I'm no longer in Japan due to the realities presented above by me, wombling, and even you Paul. As for the union, they aren't keeping up very well with the realities of the labor market. What is illegal now is moving toward standard practice. |
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dionne
Joined: 16 Jun 2006
Posts: 4
Location: Japan
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| Posted: Sun Jul 02, 2006 9:14 am Post subject: |
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| womblingfree wrote: |
| PAULH wrote: |
This really begs the question of why employees will agree to work for employers who routinely sh-it on them.
I'm a bit out of the loop on this one and Ive had a mail from someone in Tokyo looking for work and all these see are these predatory dispatch companies. |
If an employer is regularly sh-it-ing on you by unlawful means then you have every right to walk.
No one goes into a new position thinking, 'hey this guys really going to screw me over'. This will probably not become apparent until time has elapsed.
Here's an example:
My friend started working for a new dispatch company. The company claimed it provided health insurance, but did not enroll in shakai hoken. Not ideal but the guy took the job.
After a few months the teacher realised that there was in fact no health insurance in place whatsoever. What should the teacher do? In this case he got his own travel insurance and saw out the one year contract.
After nine months the school was pleased with him and decided to renew the contract. The teacher said to the dispatch company that he would not do so unless health insurance was forthcoming. The company informed him that all teachers would be enrolled in shakai hoken at the beginning of their new contracts.
On the day of signing the new contract (classes started the following week, schools often leave it until the last minute for contract renewals.) he was informed that neither he, nor any other member of staff, would be enrolled in shakai hoken, private health care and that even the pitiful 'accident' insurance that was in place would be withdrawn.
The teacher was furious, but had no time to find another job. The dispatch company had lied so that he would not look for other employment and so keep the school happy.
The teacher voiced his displeasure, called the union and checked with the local ward office who read the contract and said it was completely unenforcable for a number of reasons, non provision of health insurance being only one. A new job was found and the teacher walked out with 1 days notice, knowing that he would not be paid if he gave a reasonable amount of notice.
He is still in touch with the teachers at his old school. Some were angry but the majority not only understood but actually gave him references. Japanese teachers are fully aware of the scams going on between schools and dispatch companies and most are members of their own union (which foreign teachers can't join as they are classed as part-time, even though they often do a 40+ hour week). The students were perplexed as to where their teacher had gone, but in reality this just translates into exciting playground gossip. Perhaps a few shed tears, but a new teacher will dry them up.
So then what would you have done in this situation? |
(Thanks, Paul, for pointing me to this thread).
I am the person looking for work who mailed Paul H. I have been looking for two months now, and done a lot of research. After reading this thread, I guess I would say the best thing to do would be to...1) Familiarize yourself with Japanese Labor Laws, and 2) Read the contract thouroughly before signing it. If there are any discrepancies between the contract and the law as you know it, ask them about it - it is a two-way street when signing a contract, you have as much power as they do not to sign the contract. If they decide not to hire you because of it, then you will have at least saved yourself the hassle of going through the same situation when you are already immersed in your job. It may take longer to find a job, but will be a better option in the long run.
Looking for a job is difficult, stressful, and time-consuming. It might be worth it to some people to just stick it out where they are for a few months, but that certainly doesn't have to be the case when it is time to renew.
As far as companies go, it seems to be a crapshoot when initially applying - it is hard to know anything about them. I would even avoid this line of questioning in an interview (unless it is a final interview and the basic compensation has not been specified)...they can say anything they like (as your friend found out the hard way). When the time comes to sign, then is the best chance to see exactly what you are in for. You don't have to take their word for anything, go by what is written in the contract. If there is something that rings any alarm bells, then bring it to their attention - tell them it is not in accordance with the law. Then, the ball is in their court.
If you are in Japan and have a valid visa, this seems the most efficient solution to dealing with these companies (and many have to because of limited qualifications). Of course, there is the risk of the offer being reneged and having to look for more jobs, but there is risk involved if you sign the contract as is.
As Paul H told me in his advice: "finding jobs is like shucking oysters in a bucket. Only one has a pearl in it and you keep opening oysters until you come to the pearl. Dont worry about some being duds or lemons..." You may not be able to get everything you want, but everyone is entitled to stand up for their legal rights. Like someone else said, the companies look after their interests, you should look after yours. You are the only person that has your best interests in mind.
Believe me, I am writing this as much for myself as I am for you. I was afraid to apply to Interac and the like, because of what I've heard. Now, I am going to take a proactive approach with them.
I think what was said about joining a union is a good idea, as well. It will, at the very least, give you more confidence. That will come across in your manner, and often that's all it takes for you to negotiate successfully.
I wonder, are there any regulations concerning part-time labor (as in less than 40 hours a week)?
Can someone please provide a link to Japanese Labor Laws in English? I did a search, but couldn't find it.
edit: thanks for the link, Paul. Also, I forgot to add that if you do bring up discrepancies in your contract, always remain polite and professional, no matter how ticked-off you get. I know this is common sense, but I wanted to add it anyway. And, if you do get verbal promises from an employer during an interview, ask for them in writing, though, as someone pointed out on another thread, it may still not be worth much.
Last edited by dionne on Sun Jul 02, 2006 9:37 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: Sun Jul 02, 2006 9:25 am Post subject: |
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re Japan's Labor Laws.
they have recently been updated and a PDF file exists with
the new revisions. I cant post the thing on the web but go
to the following link,
scroll down to Spring 2004 and download the PDF file
authored by Nakakubo. Its all there
http://www.jil.go.jp/english/JLR.htm
Knowledge is POWER.
Employers here think you have no power as you dont know
the laws and language. its your job to know them better
than they do. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 02, 2006 9:31 am Post subject: |
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| dionne wrote: |
I wonder, are there any regulations concerning part-time labor (as in less than 40 hours a week)?
Can someone please provide a link to Japanese Labor Laws in English? I did a search, but couldn't find it. |
Similar to full time workers but as you are 'part time' they cant be as rigid and inflexible over work hours and scheduling. You still need to give notice and part timers are actually entitled to paid holidays. (dispatch companies typically ignore this provision as technically you are a 'contracted worker' not an employee.)
Employers dont have to cover health insurance on part timers but they may include unemployment insurance and insurance to cover your commute to work (if you have an accident going to work for example)
If you are part time but work over 40 hours a week you are entitled to overtime rates. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 02, 2006 9:44 am Post subject: |
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| dionne wrote: |
| edit: thanks for the link, Paul. Also, I forgot to add that if you do bring up discrepancies in your contract, always remain polite and professional, no matter how ticked-off you get. I know this is common sense, but I wanted to add it anyway. And, if you do get verbal promises from an employer during an interview, ask for them in writing, though, as someone pointed out on another thread, it may still not be worth much. |
Too many newbies come here thinking the world owes them a living and you are doing them a favor by hiring you.
You are still the employee, they are the employer and call the shots. You need them more than they need you. that said, you still retain control over what you will and wont do and its up to you to know what you are getting into and what you will accept.
Too many here shoot first and then ask questions later. Do your homework on companies and employers before you sign any contract and you only have yourself to blame if they pull a fast one on you without you seeing it coming.
The law is on your side but the average newbie doesnt know where to look or is simply too intimidated or financially pinched to do anything about it. Thats probably why its a good idea to come to Japan with cash, set up a slush fund to deal with these situations rather than live paycheck to paycheck and hope nothing happens to you.
PS Verbal promises are worth ZERO in Japan. Your employer says he never said that and you have nothing to fight him with. Its your word against his (or hers) |
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womblingfree
Joined: 04 Mar 2006
Posts: 826
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| Posted: Sun Jul 02, 2006 1:49 pm Post subject: |
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The main problem with all this is that ELT within Japan is almost entirely a non-professionalised profession.
Teachers are likely to be unqualified and inexperienced due to the market led nature of the business.
Having moved to Europe there is at least some level of teaching certification required to become a teacher of ESOL at the accredited private schools. Teaching at college level requires a government approved teaching certificate and for universities an MA or at least a recognised post graduate diploma in ELT.
There do of course exist schools which require little to no experience or certification but you can spot them a mile off.
In contrast in Japan there are no requirements to teach at any level, except that an MA will help gain a job at a university. Even then an MA in TEFL/Apllied Linguistics will likely contain little or no observed teaching practice.
Other than that it appears to be unregulated with requirements of foreign teacher education being zero. I've heard of a few bodies associated to eikaiwas, Zengaikyo being one, but they seem to be used more as marketing tools to entice prospective students than as an effective watchdog on the industry.
Walking out on a job is unprofessional and problematic, and as such is entirely in keeping with the structure of ELT in Japan.
Anyone reading this thread should join a union and get some teacher training. At least then you will have gone some way to professionalising and safeguarding yourself and in so doing improving overall standards.
Don't be surprised if you're rail roaded for a newbie from a dispatch company working twice the hours for half the pay though. Ultimately I belive that the industry in Japan will evolve and become more professional but this will take many union victories, government action and may take decades.
Last edited by womblingfree on Sun Jul 02, 2006 2:24 pm; edited 2 times in total |
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mrjohndub
Joined: 19 Sep 2005
Posts: 198
Location: Saitama, Japan
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| Posted: Sun Jul 02, 2006 2:19 pm Post subject: |
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Yeah...okay. I value the responses since I posted. Well put.
I'm still interested in a citation for the comment that employers must pay the final salary 7 days following the end of employment. Is this true? How do I go about proving this to my employers? |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sun Jul 02, 2006 9:30 pm Post subject: |
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| mrjohndub wrote: |
Yeah...okay. I value the responses since I posted. Well put.
I'm still interested in a citation for the comment that employers must pay the final salary 7 days following the end of employment. Is this true? How do I go about proving this to my employers? |
I want to quit my job before the end of my contract and now my employer won't pay me this months' wages. He also wants me to pay a fine of one month's salary. Is this allowed?
?
Answer
No. Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your employer must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23).
If this happens, it is very easy to retrieve both the fine and the back wages using the union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you may be liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. In the last 15 years we have only seen one employer sue for damages relating to an employees sudden resignation and the employer lost the case. |
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Big John Stud
Joined: 07 Oct 2004
Posts: 513
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| Posted: Mon Jul 03, 2006 3:04 am Post subject: |
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[quote="mrjohndub"]
| Big John Stud wrote: |
| Japanese labour law states that a company must pay an ex-employee in full one week after the final working day. |
I don't disbelieve your comment, but I was wondering if you could substantiate this with some sort of reference...a link or something would be very helpful. Thank you...[/quote]
Call the Labour Board of the city you are living in. That is what I did. |
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nickelgoat
Joined: 26 Jan 2006
Posts: 207
Location: Where in the world is nickelgoat?
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| Posted: Mon Jul 03, 2006 3:42 am Post subject: |
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.....
Last edited by nickelgoat on Tue Sep 18, 2007 9:42 am; edited 1 time in total |
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