|
Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
|
Posted: Wed Nov 29, 2006 12:55 pm Post subject: |
|
|
Fluffy,
You've been around the block here a couple of years or more. I remember many of your posts on the Teacher Forums, and they were quite glib.
| Quote: |
| the Labour Laws do seem to indicate that direct employment with pay at least once a month is the ideal, no? |
No, it's not "the ideal". It's simply the law. Foreigners and Japanese get paid once a month.
| Quote: |
| it boggles my mind just everso that an employer would suddenly 'crack down' on teachers and stop providing the necessary advances |
What advances? And, why are they necessary?
All you have written so far about advances is this:
| Quote: |
| 3) having the advances that I (and I suspect the majority of the other AETs in my city) HAD TO borrow deducted in amounts according to the employer's whim (e.g. my pay for Sept, which I received at the end of Oct, was deducted down to 100,000 yen. I had to "act up" to get an extra 50,000 yen out of them. The salary stated in the contract is 235,000 a month LOL). |
You carefully omit just why you had to borrow from your employer. Hadn't you saved enough money here prior to switching jobs? I honestly don't recall your work history, but it would be nice to know a little more of it.
Above you say deductions from your salary (in order to repay that loan) were at the employer's whims, yet, immediately after that you wrote:
| Quote: |
| My employer did finally draw up a "fair" repayment schedule, but my pay will never top 200,000 yen (and has averaged out at about 160,000 for months now - leaving me with only 15,000 yen/week if I'm lucky after rent, bills and transport), |
It's fair or it's not. What's with the quotation marks? Explain yourself.
I would imagine that a sensible person who was in need of such a serious loan from his employer would have worked out the negotiations before he signed on the dotted line. Did you? Did the employer renege on that? Please let us in on both sides of the story here.
200,000 is not the best wage to live on, but for how long are you expected to do that? Hell, even at NOVA (a place that also provides 120,000 yen loans) asks that you repay in 3 installments on your first 3 paychecks, so that you are living on bare subsistence wages (roughly 250,000 - [1/3 x 120,000] = 210,000 per month), but after those 3 months, you are back to a regular paycheck. How is your plan different?
Their threats to deduct the whole shebang all at once are meaningless if they and you signed a contract for the repayment.
| Quote: |
| I mean, I wasn't the one not recommending to the BOE that the pay system be sped up when the jobs were first up for grabs, |
Slow down, speedster at the keyboard. You've lost me on this one. Again, please explain yourself.
| Quote: |
| but I'm certainly the one making the company its profit, |
In a sense you are. In another sense, you aren't. You are merely the attracting force for the company's clients. What they charge beyond what they give you is what is making the profit. Semantics, I guess.
| Quote: |
| they'd still owe me about 270,000 yen (35, plus 235 for the month owing). |
For what? Itemize for us, please.
| Quote: |
| I generally just find it hard to believe that these companies do not have the assets to pay any of that first month pronto |
You need to be aware that many companies operate around the world on a system of paying 30 days or more after a certain billing date. Heck, one proofreading company I used to freelance at here paid 45 days after the month in which you did the work. That means you could have one assignment on January 1st, then wait till mid-March to get paid for it. It's business, and if you don't like it, then why sign the blessed contract in the first place? Whether they have the money or not isn't the point. Whether they skim fees and pocket certain earnings for their own pachinko habits or onsen tours or whatever is not the point. They laid out the payment plan in the contract, and you agreed to it. |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Wed Nov 29, 2006 11:03 pm Post subject: |
|
|
Sheik, thanks for clarifying your intentions. Again, I won't deny that this is my second innings with a dispatcher, but it surely wasn't my imagination that the pickings this past April were pretty slim (in my neck of the woods at least) - and I was looking on Gaijinpot, Jobsinjapan.com, Dave's, TEFL.com, and in Ohayo sensei. In other words, I was forced to take a less-than-stellar job due to there being a limited range of remotely feasible or tempting ones (bear in mind that relocation is generally always at the employees expense), so I bit the bullet rather than being run out of Japan a year earlier. I won't be doing so again from next April, so there, how's that, there's my "statement" coming, albeit a year overdue.
Uh oh, the vultures are circling...
Glenski, I decided to err on the side of caution, what with there being impatient readers around (even more impatient than yourself), and just post a reasonably potted version of events. I don't have time right now to answer every one of your demands for "answers", but suffice it to say that it would be nice if you would grant people the benefit of the doubt sometimes. The way you (and my employer) seem to talk, it's like I asked for millions of yen and went and blew it all in one fell swoop on the horses or something. The fact is, renewing my apartment (and the extortionate fees that landlords charge every few years, on top of initial key money, deposits etc, as has been discussed on other threads) rather cleared me out coming into this job, so I would've had to borrow some money towards the end of the first month...but at least I spared my employer any costs regarding start-up for accommodation (they offer this sort of thing more to those AETs new to Japan, who've presumably thus borrowed far more than me).
Anyway, for what it's worth, I borrowed the extravagant total of 160,000 yen by the end of May (that equates to 80,000 yen on average over the two months), so I was hardly living it up was I*. The total then went down a bit with a repayment of 40,000 yen or so (I had to negotiate that manageable amount), but yes, it slowly increased again to past 200,000 yen because, frankly, I got tired of subsisting on what sometimes amounted to little more than 15,000 yen a week.
Ultimately, with the pay system that is in place, I feel like I'm the one owed money (because at any point in time, I've expended money and energy over two months to just receive a month's pay). You can go on about agreeing to contracts etc, but the situation (not being able to convert labour into a corresponding amount of money promptly) is not psychologically motivating (well, not for me, at least), and it becomes patronizing to be scolded by managers to "save" money, "budget" better etc.
As for the Teacher forums, be fair, not all my posts are glib (though quite a few are light-hearted, there's a difference you know) - it really depends on who or what I'm dealing with there. Anyway, at least I post there quite regularly, unlike you (not that you have to, but still...).
Me: the Labour Laws do seem to indicate that direct employment with pay at least once a month is the ideal, no?
You: No, it's not "the ideal". It's simply the law. Foreigners and Japanese get paid once a month.
Um, I was the one who trying to point out what the law states (to Senbei). Then you come along and say I don't have a leg to stand on. Now you are quoting the law that I quoted back at me. If you'd prefer me to not even try to modify things (re. that 'ideal') in line with what you're saying, then tell me, so I won't need to bother compromising for you at all. Then we can have that nice juicy great big blazing "row" online that you always seem to be angling for (and I'm not the only one who's questioned your style on the forums); remember, the thing that's ultimately under "investigation" is dodgy employment practices, not me personally.
You can of course tell every AET working under such contracts that they AGREED to it, but that doesn't ultimately make a bitter pill any easier to swallow, does it? Of course people would prefer to land the better/cushier/"perkier" jobs, but there are never enough to go round, especially nowadays, hence some of us being "forced" by circumstances to girn and bear things for a year or two until we can find better or decide to move on to pastures new.
I suppose you'll next be telling me that sweatshops and child labour are OK too.
We're all on the same side here, Glenski - we're all English teachers, right?
*I didn't in fact want to or expect that I could borrow at first, so I'd hardly have got a loan and repayment schedule drawn up and in place from week one, but thanks for the advice, although I don't think going into interviews/contract signings with your hand out already is a good idea, unless you need apartments set up or something, which I thankfully didn't. Advances are generally piecemeal and at the employer's discretion, so they gradually build up. In my case, my employer obviously did not have much idea of what was a reasonable repayment schedule - that whole deduction down to 100,000 yen - so yes, I pushed for a more manageable one. Credit me with some nouce, please.
Last edited by fluffyhamster on Mon Dec 04, 2006 7:06 am; edited 1 time in total |
|
| Back to top |
|
 |
Big John Stud
Joined: 07 Oct 2004 Posts: 513
|
Posted: Thu Nov 30, 2006 5:49 am Post subject: |
|
|
| fluffyhamster wrote: |
Hi BJS, I did a little more creative bilingual Googling, and finally managed to find a working link:
http://www.pref.saitama.lg.jp/A02/BQ00/counseling.htm#employment
Wow, sounds like you're getting into the habit of suing a**(es). I'm trying to resist, but it's hard ne!
The wages aren't as yet unpaid, but I'm a bit angry at them for even threatening to not pay me what I'm owed.
Part of me is telling me that it might be better to just get on with things than hang around in Japan expecting things to go my way (especially since I don't have any overwhelming desire to remain in Japan); that being said, if I have a free afternoon before I leave, I certainly will try to at least inform the Labour people about what my employer's been up to. |
Actually that is the first company I am suing. It sucks. I hope this one company doesn't give you a bad impression of Japan. In over 15 years of living here, I've only worked for one dishonest company! Since both companies are based in Saitama, I suspect the company you are working for is the one I am suing!
Whatever you do make sure you go to the Labour Board at before you give notice. They will do more for you if you are still employed. |
|
| Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Wed Dec 06, 2006 12:48 pm Post subject: |
|
|
| Fluffy, I'm still am unclear on the salary payment schedule. When are you to be paid for work that you do in December? |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Thu Dec 07, 2006 5:42 am Post subject: |
|
|
I'll get the pay for work completed in December at the end of January (and the pay that I'll have received in December will have been for November). They're basically a month "late", IMO (I say "late" not because it's "not in the contract", but because most AETs in these sorts of situations really could do with the money owed being paid quicker).
Basically, at then end of any month (or soon thereafter) - over a week after the BOE's payday - I submit a timesheet and a bunch of lesson reports, which are then used as the basis for paying the dispatcher, and then finally me. Not sure why it can't be sped up by submitting sheets prior to a BOE payday "cutoff", or by the BOE making payment earlier in the following month, or the dispatcher bringing forward its own payday (or why all 3 things can't be combined). It's a very inflexible and stupid system that must end up losing them a lot of AETs over time (but perhaps that's the goal? LOL). But not to worry, one of the managers was telling me (well, shouting at me actually, over the phone, in the midst of a "dispute" - who was disputing what, you ask?!) about how they're going to at least solve the 'not paid for August so no pay in October (=Edit!)' problem at least by lowering the monthly salary accordingly throughout the year.
Last edited by fluffyhamster on Thu Dec 07, 2006 8:48 am; edited 1 time in total |
|
| Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Thu Dec 07, 2006 6:54 am Post subject: |
|
|
| Quote: |
CHAPTER III
WAGES
(Payment of Wages)
Article 24. Wages must be paid in cash and in full directly to the workers; however, that payment other than in cash may be permitted in cases otherwise provided for by law or ordinance or collective agreement or in cases where a reliable method of payment of wages defined by Ordinance of the Ministry of Health, Labour & Welfare is provided for; and partial
deduction from wages may be permitted in cases otherwise provided for by law or Ordinance of the Ministry of Health, Labour & Welfare or in cases where there exists a written agreement with a trade union organized by a majority of the workers at the workplace concerned, where such a union exists, or with a person representing a majority of the workers, where no such union exists.
2. Wages must be paid at least once a month at a definite date. However, this does not apply to extraordinary wages, bonuses, and the like which will be defined by Ordinance of the Ministry of Health, Labour & Welfare (referred to as �extraordinary wages etc.� in Article 89). |
When you started, let's say in April, you weren't paid until the end of May. You might be able to argue that since you didn't receive your first pay until two months minus a day that you aren't in fact paid at least once a month at least for the first month. You're not going to be able to successfully argue that with your employer directly. I'd suggest either joining a union or hiring a lawyer.
I don't understand the no pay in November. If you are paid at the end of the month following the month you work, shouldn't your "pay" for the unpaid month of August be "paid" to you at the end of September? |
|
| Back to top |
|
 |
shuize
Joined: 04 Sep 2004 Posts: 1270
|
Posted: Thu Dec 07, 2006 7:16 am Post subject: |
|
|
Fluffy, not to kick you when you're down but whenever this sort of topic comes up I find myself asking: Why in the world would someone want to tough it out for a mere 15,000 per week? Especially someone who's not F.O.B.? From your post above, it sounds like that's after rent but before other living expenses -- chump change, really.
You may as well move to China. At least it'll buy something there. |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Thu Dec 07, 2006 8:32 am Post subject: |
|
|
| yamanote senbei wrote: |
| When you started, let's say in April, you weren't paid until the end of May. You might be able to argue that since you didn't receive your first pay until two months minus a day that you aren't in fact paid at least once a month at least for the first month. You're not going to be able to successfully argue that with your employer directly. I'd suggest either joining a union or hiring a lawyer. |
Glenski and I were arguing the toss over this earlier. I don't think it's worth hiring a lawyer over, but I do think it's worth giving an employer a hard time about whenever it's biting.
| Quote: |
| I don't understand the no pay in November. If you are paid at the end of the month following the month you work, shouldn't your "pay" for the unpaid month of August be "paid" to you at the end of September? |
Thanks for pointing my mistake out. I've gone back and edited it now.
A quick summary of the pay system, for anyone who's still interested:
April's pay is paid (>) at the end of May; May's > June('s) > July('s) > (Aug) > X (Pay system starts over again)//Sept('s) > Oct('s) > Nov('s) > Dec('s) > Jan('s) > Feb('s) > Mar('s) > end of (April) is final paycheck (unless you renew your contract with this company, which I won't be). Enjoy leapfrogging your way down that rocky path!
Shuize, if that was meant to be a kick, you'd better go hone your offense a bit more before it gets grabbed and twisted right around LOL. I may be down but I'm not out just yet.
The thing is, the pay would be liveable, if they could just ensure that it was a genuine 235,000 each and every month. Expecting AETs to put up with no pay not just for the first two months but also for two following August is just crazy though (and this whole "August" shebang didn't actually occur to me at the time of the interview or before signing the contract, I was probably too shell-shocked from being told I'd have to wait til the end of May to get my first paycheck to think things through much beyond that LOL); their attitude is that you'll have something to show for it at the end of it, though (yeah, like, malnutrition?!).
But you know something, I'd actually prefer to be doing this this year than be working for some w*nky private school that thinks its so good it doesn't need to worry about teachers not wanting anything less than a year there on their CV, no matter how bad the conditions.
China, I've been there, done that (I miss practising my Chinese, though).
Last edited by fluffyhamster on Fri Dec 08, 2006 7:32 am; edited 2 times in total |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Thu Dec 07, 2006 8:47 am Post subject: |
|
|
Ah, I see I typed 'November' rather than 'October' a few posts above. Sorry about that. I must've got distracted by the female JTE here licking my ears as I was typing (wonder if mooty has ever had one of his apparently adoring JTEs do that to him). Anyway, I'll go back and edit things now. |
|
| Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Thu Dec 07, 2006 9:22 am Post subject: |
|
|
| fluffyhamster wrote: |
| Glenski and I were arguing the toss over this earlier. I don't think it's worth hiring a lawyer over, but I do think it's worth giving an employer a hard time about whenever it's biting. |
Well, it might be worth it if you were to fight the company for all the money they illegally made off your indirect employment and the BOE to hire you directly at the end of your contract with *** at the salary that they were paying ***. The law's on your side on both of these points. |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Thu Dec 07, 2006 10:40 am Post subject: |
|
|
| yamanote senbei wrote: |
| fluffyhamster wrote: |
| Glenski and I were arguing the toss over this earlier. I don't think it's worth hiring a lawyer over, but I do think it's worth giving an employer a hard time about whenever it's biting. |
Well, it might be worth it if you were to fight the company for all the money they illegally made off your indirect employment and the BOE to hire you directly at the end of your contract with *** at the salary that they were paying ***. The law's on your side on both of these points. |
And how long would that take? Years? With an outcome guaranteed in my favour? All the while battling to stay above the goo in this now gooey slimey workswamp?!
But sure, I do wonder (as they seem to about me) if they are quite so hard up as they claim. I guess I'll know when the big boss swooshes by in his different new luxury car. |
|
| Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Thu Dec 07, 2006 11:18 am Post subject: |
|
|
| Are you a man or a hamster? |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Thu Dec 07, 2006 11:24 am Post subject: |
|
|
| I'm a KILLER hamster, man, especially if anyone goes near me nuts. And if you keep up the encouraging words, Senbei, the transformation, replete with huge quivering incisors, might take place sooner than you think. |
|
| Back to top |
|
 |
yamanote senbei

Joined: 28 Jun 2005 Posts: 435
|
Posted: Thu Dec 07, 2006 2:22 pm Post subject: |
|
|
| What's old R*x driving these days anyway? |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Fri Dec 08, 2006 4:50 am Post subject: |
|
|
| Actually he's upgraded to an Apache helicopter - it's swifter, and very handy in a tight spot (e.g. when surrounded by MEXT gunships). |
|
| Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling. Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|