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illegal privates and the law
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Apsara



Joined: 20 Sep 2005
Posts: 2142
Location: Tokyo, Japan

PostPosted: Tue Nov 28, 2006 11:51 pm    Post subject: Reply with quote

I think you're right, furiousmilksheikali. Even though he was travelling on a NZ passport, being half Malay he could easily have been mistaken for an Iranian. At the time there was a lot of news about Iranian overstayers, working illegally, the telephone card scam etc.

I think that whatever the passport, 2-day visa runs to Korea are pretty obvious and someone would be pretty lucky to get away with it more than once.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Wed Nov 29, 2006 1:58 am    Post subject: Reply with quote

Private lessons, or any other work for that matter, is not illegal as long as the lessons, or work, falls into the work allowed by your Status of Residence.

Eikawa teachers can teach conversational English in their spare time. JETs can't because teaching conversational English outside the school setting is not allowed with the Instructor Stay of Residence.

You can get official permission from Immigration to do work outside the work allowed by your stay of residence.
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Wed Nov 29, 2006 3:36 am    Post subject: Reply with quote

yamanote senbei wrote:
Eikawa teachers can teach conversational English in their spare time. JETs can't because teaching conversational English outside the school setting is not allowed with the Instructor Stay of Residence.


Perhaps on paper -- but to be honest, I have met only VERY few JETs who DIDN'T have at least some kind of privates or external teaching gigs to make extra money. In fact, they even have a section for P/T employment in their AJET newsletter -- so it's hardly a secret.

/not a JET
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Wed Nov 29, 2006 3:54 am    Post subject: Reply with quote

I bet a lot of those JET side gigs were actually introduced to the JETs by their BOE or by a Japanese teacher working at one of their schools. It just goes to show you how little the BOEs or Japanese teachers know about the law.
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Wed Nov 29, 2006 4:43 am    Post subject: Reply with quote

yamanote senbei wrote:
I bet a lot of those JET side gigs were actually introduced to the JETs by their BOE or by a Japanese teacher working at one of their schools. It just goes to show you how little the BOEs or Japanese teachers know about the law.


I know for a FACT that a lot of these JET side gigs were actually introduced by their BOE or a Japanese teacher...

In fact, a funny thing happened a few months ago. There was a situation this September at our BoE where one of our new teachers got approached to teach some evening classes for a local community group. Actually, "approached" is the wrong term -- "tried to force" is more like it.

What had happened, was that our city recently absorbed a few small towns, who USED to have JETs before but now they lost all their JETs because all the city's teachers get hired through a sister city teacher exchange program instead... For the most part, there is little to no difference for the schools themselves -- they still get a native-speaking English teacher, but not through JET anymore. However they were used to JETs moonlighting all the time -- so they figured that it would be no problem to just get the new BoE-appointed teacher to do it too -- just as before...

So, when they amalgamated they were unfamiliar with our BoE's rules and policies, which tend to be very much by-the-book. Well, the community group who wanted an English teacher asked the OLD town BoE (now defunct) if they could hire the new teacher to moonlight for them, they were told: Sure! No problem! And with this approval, they were very forceful in trying to get the new teacher to take this side job (even though the teacher didn't want it, and KNEW that it was illegal for her to do so). Much to her relief, however (as she did NOT want to take this work -- even though it was a paid position), when the BoE found out what was going on, they stepped in and put the kaibosh on it MIGHTY quick, as the CITY employee policy (from the mayor right down to the lowest janitor) is: no moonlighting allowed. Period.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sat Dec 02, 2006 3:03 am    Post subject: Reply with quote

There's also the question of whether the BOE's rules and/or city employee policies are valid or not, and if they are valid, whether they actually apply to the sister city teachers or not.
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Sat Dec 02, 2006 3:32 am    Post subject: Reply with quote

Yes, they do apply.. We've been told that they do. (And it makes sense when you think about it). Because it's the Japanese city BoE who's paying your salary and not the sister city in the U.S., that DOES technically make you a a Japanese civil servant, working for the city. As such, all rules (such as tax, health, pension, and other deductions) as well as outstanding policies (like automatic no-questions-asked dismissal for drink-driving) apply to all.

I like this system because it's either fair or unfair across the board... There's no preferential treatment for anyone. The only thing that affects the sister city teachers but no other city employee is that they must agree to NOT driving a motor vehicle of any kind during their time of employment in Japan (don't ask me why -- it must have been a huge issue a bunch of years ago and they're not risking it becoming an issue again). Unfair as hell, but I know it hasn't stopped people from doing so, even buying and driving cars, scooters and motorbikes... It's just that no one talks about it.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sat Dec 02, 2006 3:52 am    Post subject: Reply with quote

JimDunlop2 wrote:
Yes, they do apply.. We've been told that they do. (


If they do apply, then you should be getting guaranteed lifetime employment, automatic pay raises, biannual bonuses, etc.

There's always a difference between what they tell you and what's reality.
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