Job Discussion Forums

drdo · Joined: 26 Feb 2005 Posts: 53

Hello. I have seen the answer to this question (here about a year ago) but can't find the infomation now, so please help if you can.

I understand that after working 3 years for a school through a Dispatch Company, I can directly work on my 4th year contract with the school. Legally (and I use the term loosely), the Comapny is not allowed to contract my hours with the school. It is now a 2-party contract, right?

I need information as I am attending a Foreigners Forum in Chiba that will answer or address any questions (legal ones, educational, housing, rental issues, personal ones, etc.). The conference is Sunday, Nov. 26, so I hope to have some information by then, so that I'll have something in formal writing about this law (to pressent to both my school and the Company.)

If you know more of the law and the Teacher's Union, would you mind offering the information here? Thank you.

DRDO

Big John Stud · Joined: 07 Oct 2004 Posts: 513

[quote="drdo"]I understand that after working 3 years for a school through a Dispatch Company, I can directly work on my 4th year contract with the school. Legally (and I use the term loosely), the Comapny is not allowed to contract my hours with the school. It is now a 2-party contract, right?DRDO[/quote]

I am not sure what you are asking! I have been working at the same school now for 7 years. So no problem working 3 years for a school through a dispatch company. The yearly contract I have renewed now seven times, is a 2-party contract.

drdo · Joined: 26 Feb 2005 Posts: 53

Hey-thanks for the response.

Hmmm...I have been wondering about my wording, as I have not rec'd any response until you wrote. My question/situation is this: I work at a high school in Tokyo through a Company that hired all 5 foreign teachers at the school. Some have worked for the comapny for 6 years, me for 2+, another for a year, and another just started this term. For a lot of reasons, we are desiring a DIRECT contract with the school, not wanting to work for the Company any longer.

At one time, I thought I read (on a thread here) that after working 3 years for a Dispatch Company, a foreign teacher can request (expect) a direct contract with the school. Matter of fact, I heard, it is illegal for the Company to keep the contract.

My questions: is this true? Can I see/get something in writing? What does the Union say about this? How can I best appraoch my school about a direct contract without stepping on toes...and then what's the best step to take concerning the company?

Sweetsee · Joined: 11 Jun 2004 Posts: 2302 Location: ) is everything

Howdy Doc,
If you are thinking about approaching your school to directly hire you, try it, now's the time. If you are adept at the language do it yourself, if not get someone to go with you and speak to the principal. I would suggest that you keep it to yourself though. While customer loyalty reigns supreme here, you wouldn't be the first one to liberate a school from the clutches of a dispatch company. In fact, I was working for one when the principal here asked me to come to work for them directly. I was stoked, but they never said anything about showing me the door after three years, though I knew that if they burned the dispatcher than certainly they would burn me somehow, and to be honest, I have been waiting for the axe to fall from day one. Every time someone wanted a word I thought: here it comes. Then, one day the principal came and wanted a word last year and sure enough. Some take the elevator, some take the shaft.
Keep us posted.
Enjoy,
s

drdo · Joined: 26 Feb 2005 Posts: 53

THANKS!
I think the school is completely satisfied with the foreign staff (having kept 2 for over 5 yrs). And vice versa--the teachers like the school; the overall environment is friendly and helpful.

It's just the foreign teachers have never (from day one) had good communication or relations with the Company. They are a hands-off Company, until contract time (or when someone calls in sick, we are all asked to cover the classes.) But if/when we do have issues arise, they are not loyal to any one of us. It boils down to, we are better off (and the school is too) by having a direct contract.

But I need to know more facts, info, stats, etc. in order to appraoch the school. Right?

But I hear you, mums the word until we get our ducks in a row. Thanks again.

TK4Lakers · Joined: 06 Jan 2006 Posts: 159

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

If your dispatch company has been farming teacher out to a certain school for 6-7 years, and the school is happy about it, what makes you think they will opt to hire you directly? Their BOE is probably the one that did the contracting, probably for perceived reasons of lower expenditures and because they don't want to have to deal with the hiring process.

Good luck if you try, but I don't see it as feasible. If you DO try, you are going to have to break a deal between the BOE and the dispatcher, and that usually means going in with somebody who is already in tight with members of the BOE who make the decisions.

Big John Stud · Joined: 07 Oct 2004 Posts: 513

Most BOEs don't want to hire an ALT directly because after 3 years of employment they have to make the ALT a permanent employment. Since ALT dispatch company pretty much operate completely illegal they don't have to do anything! Crying or Very sad

drdo · Joined: 26 Feb 2005 Posts: 53

Thank you for your reply(s).

I think the advantage we have (the 5 foreigners) is that we work at a private Jr/Sr school, owned by a family/outside relatives for the past 100 years. They have done some things in the past, then when a new family member takes over, they change things.

From my understanding, the school hired the Dispatch Company sometime ago when people were not so at ease with English and/or foreigners. However, in the past 8-10 years, the school's English-speaking staff and instructors are quite gifted in the language. They have much more confidence and ... even lately asked US WHY we work for a Company and not directly with the school. One teacher told us that about 4 years ago, this question was brought up at a meeting and they seriously considered ridding the school of the Company. (hearsay)

To add to the pluses for us: the dispatch company has done a few things that have ticked off the school (i.e. For some reason, this school year, the Comapany has NOT provided the school with even one sub teacher, but have been asking the school to double up classes with a foreign teacher. In the past they always sent a sub.) The Comapny deducts money from our salary when we call in sick--so the school is wondering what does the Comapany do with that money. Furthermore, it looks like the Company MAKES money when we miss classes.

So, I think this is the time. As far as I know, I have no contrc\act or personal ties to the BoE. My relation/contract is strictly with the Company and the school. But I will look further into that issue. Thank you.

DRDO

drdo · Joined: 26 Feb 2005 Posts: 53

guest of Japan · Joined: 28 Feb 2003 Posts: 1601 Location: Japan

Google Japanese worker dispatch law and you should find what you are looking for. The basis of the law is that an organization using a dispatched worker for an extended service is duty bound to make that worker a full time employee. The period of time used to be one year, but was extended to three years a few years back.

The law is on the books, the problem is that the law is often ignored and seldom enforced.

drdo · Joined: 26 Feb 2005 Posts: 53

Once again-thanks!

I googled and read more and more. Many sites offered the least amount of information and when they did, some of the wording was rather vague.
Unfortunately, ESL/ALT/Foreigners were mentioned only on occasion when Worker Dispatch was mentioned. However, I did find one site that might be interesting to many:

http://www.answers.com/topic/assistant-language-teacher

Scroll down and you'll discover lots of helpful guidelines/info.

yamanote senbei · Joined: 28 Jun 2005 Posts: 435