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monkeypig
Joined: 13 Dec 2006
Posts: 4
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 Posted: Mon Dec 18, 2006 11:03 pm Post subject: HELP - what are my rights |
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Hi, I am posting because I am desperate. The situation is I am being screwd by an employer and do not no what to do. I just recieved and email saying I need to get out of my house in 3 days!
The situation is that my friend was a full-time employee of the school, I worked part-time. My friend had to give notice (within the confines of the contract) because he was accepted into a Masters program. The owner said everything was o.k. and even offered me the position. Since then she has taken back her word and strung me along for weeks. She had also initally said I could continue to live in the house, then changed her mind and said I should find another apartment before I left for holidays on DEc.23rd. This was o.k. because she said I could leave my things in the house and move them into my new apartment when I returned on Jan 8th. I just recieved an email this morning saying she has changed her mind and wants me out before I go!!! This leaves me 3 days! Plus I am paying for a full months rent. So should I not be allowed to stay at least untill the end of the month?!
I don't know what to do, where to put my things, how to move them (I had arranged of a friend to help me on Jan.9th). Can she do this, what are my rights?? I have done nothing to this employer and she is treating me and my friend like crap. |
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Sweetsee
Joined: 11 Jun 2004
Posts: 2302
Location: ) is everything
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| Posted: Mon Dec 18, 2006 11:19 pm Post subject: |
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| Sounds like you have no contract with the school regarding employment or housing, is that right? If so, I know it is harsh but there is not a lot you can do, though I am not certain. Are you in the sticks? |
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monkeypig
Joined: 13 Dec 2006
Posts: 4
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| Posted: Mon Dec 18, 2006 11:22 pm Post subject: |
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no we are in a city, but I have no idea where to put all my funiture or how to move it. If she is making us pay full rent, how can she kick me out a week before the end of the month?? Can I demand reduced rent? I feel sick because I only have 3 days to arrange everything.
We have been so nice, but now she is playing hard ball. I know she is going to be employing someone illegally on a tourist visa, should I play her game and threaten to call immigration?? |
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taikibansei
Joined: 14 Sep 2004
Posts: 811
Location: Japan
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| Posted: Mon Dec 18, 2006 11:43 pm Post subject: Re: HELP - what are my rights |
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| monkeypig wrote: |
| This leaves me 3 days! Plus I am paying for a full months rent. So should I not be allowed to stay at least untill the end of the month?! |
Three things: Are you on the lease? Are you the one who actually paid the rent? Can you prove this?
If the answer to all the above questions is yes, then relax--you are not going anywhere before the end of the month. (Actually, you can stay a lot longer than that if you like--your landlord will need to pay money and file a huge amount of paperwork to make you leave....) If there was never a lease but you can say yes to the latter two questions, you should still be fine as well.
I believe Jim is the expert on these kinds of issues. If he doesn't respond to this thread, I'd send him a pm. Good luck. |
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furiousmilksheikali
Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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| Posted: Tue Dec 19, 2006 2:12 am Post subject: |
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| monkeypig wrote: |
no we are in a city, but I have no idea where to put all my funiture or how to move it. If she is making us pay full rent, how can she kick me out a week before the end of the month?? Can I demand reduced rent? I feel sick because I only have 3 days to arrange everything.
We have been so nice, but now she is playing hard ball. I know she is going to be employing someone illegally on a tourist visa, should I play her game and threaten to call immigration?? |
Do you have a contract with your employer for your apartment? More importantly do you have the correct visa to work for this woman?
If you are working illegally then don't play hardball under any circumstances. The penalties are severe.
But if you are working legally and have a contract for the place then you should be able to stay put. She has no right to order you out with such short notice.
In a worst-case scenario you should consider moving into a guesthouse. Enquire into some guesthouses but only move in as a last resort. Good luck. |
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JimDunlop2
Joined: 31 Jan 2003
Posts: 2286
Location: Japan
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| Posted: Tue Dec 19, 2006 4:51 am Post subject: Re: HELP - what are my rights |
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| taikibansei wrote: |
I believe Jim is the expert on these kinds of issues. If he doesn't respond to this thread, I'd send him a pm. Good luck. |
Hehe... Thanks, I'm flattered... 
The scoop is really simple here. What your employer is doing is wrong, and against the law. There is LOTS you can do... There is no need to produce any kind of leasing documentation, contract paperwork, or anything else for that matter. Even in the case of no leasing contract, a 6 month eviction period is required anyway. The only thing to keep in mind, like furious pointed out, is to make sure that you are in the country and working LEGALLY. If not, the first cop you talk to who asks to see your alien card will take you into custody. The advice that follows ASSUMES that you are working legally on a valid visa....
Simply refuse to comply. If he/she gets pissy about it, you have the full power of the law behind you. Say that you've spoken to a lawyer... Tell your employer that their actions are contrary to the Land and Building Act, Article 28.
I've even heard of situations where the landlord (who is also the employer) has threatened to forcibly remove the tenant's belongings and dump them on the street. This is a scare tactic. If this should ever happen to you, call the police immediately and explain the situation when they arrive.
Here is the relevant information to your situation from the General Union website.
The answer is to a somewhat different question, but the end result is the SAME. I have pasted the original question AFTER the answer for the sake of reference... Any italics, bold, underlining is mine.
When an apartment is contracted by a company, the civil laws are applied differently depending on whether it is provided free or is leased. (In your case it is OBVIOUS that it is not free -- because you pay rent so this doesn't apply!)
Normally, the former cases is covered by the provisions in Article 593 of Civil Law, and the latter by Article 601 of the Civil Law. However, if the rent is extremely low, there will be some question as to whether the latter case applies.
If you have a rent-free apartment, you are required under the terms of worker-as-tenant to give up the apartment on the day specified in the contract (Article 597,Civil Law).
A lease contract with a company is governed by Article 28 of the Land and Building Act. According to the act, in order to end a lease relationship, an employer as a landlord is required to give notice to an employee, with a justifiable reason. When the lease has a specified period, the landlord should give advance notice of 6 months to one year and should clearly tell the employee that he/she does not intend to renew the lease contract.
Also, with a lease that has no specified duration, advance notice to vacate the property of at least 6 months is required. Therefore, even if it is stated in a contract that the employee shall move out immediately upon dismissal, such requirement is totally contrary to the Land and Building Act (Article 30, Land and Building Act, or Article 6, former Land and Building Act). The landlord can never make a tenant leave by force. In the case of a company house, the argument often turns on whether it is provided free or is leased. The court rules that each case should be carefully considered under its own merits. Since the situation that arise are not always typical, the right decision is not easily reached. Therefore, it is recommended that further discussion is needed between you and your employer and that your landlord should wait until you find another place to live.
Question: I was fired over a dispute about working conditions. Although I have not agreed with being dismissed this way, my employer also told me to move out of the apartment provided by the company, as required by the contract. Do I have to leave the apartment now ? If so, I will have to find another place. What should I do ? |
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sethness
Joined: 28 Feb 2005
Posts: 209
Location: Hiroshima, Japan
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| Posted: Tue Dec 19, 2006 7:57 am Post subject: Another option... |
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Another option is to simply START your move, and ask the moving company to store your stuff while you're apartment-hunting.
This is not as expensive as you'd expect-- a coworker of mine went on a 6-month business trip & "moved" from one side of town (in Japan) while he was gone. He paid about 6 man yen to move his belongings from one apartment to the other and to store the belongings for 6 months.
After you get back from your vacation, your hunting for a new apartment begins, right? With your belongings in storage & out of harm's way, while you're hunting for a new place, you can stay at a youth hostel temporarily.
I think maybe the legal experts in this thread are forgetting two important factors, and giving you an unnecessarily rosy picture. Factor #1: the company renting the apartment may have a key, and choose to (legal or not) move your stuff out FOR you, putting you in a very awkward position, from which it's hard for you to fight back as you scramble to find a new home, put your stuff in super-short-term storage, and look for ways to get your rights protected. Factor#2: Even if the law is on your side, getting a lawyer and legal action is not as easy nor as fast as it is in the West. Yes, that's unfair, but it's the reality. |
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JimDunlop2
Joined: 31 Jan 2003
Posts: 2286
Location: Japan
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| Posted: Tue Dec 19, 2006 8:57 am Post subject: Re: Another option... |
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| sethness wrote: |
| Factor #1: the company renting the apartment may have a key, and choose to (legal or not) move your stuff out FOR you, putting you in a very awkward position, from which it's hard for you to fight back as you scramble to find a new home, put your stuff in super-short-term storage, and look for ways to get your rights protected. Factor#2: Even if the law is on your side, getting a lawyer and legal action is not as easy nor as fast as it is in the West. Yes, that's unfair, but it's the reality. |
Just to respond to those quickly...
Re. Factor #1: This is exactly why, IF the landlord tries to pull any funny stuff, your first call should be to the police. Then it gets treated no differently than THEFT and a break & enter (at worst) or an illegal trespass (at best)... It is highly, highly, highly illegal for ANYONE to come into your apartment and mess with your stuff. It is indeed tantamount to having break into your house and walking away with your TV and VCR. I don't think any Japanese person would DARE to do this -- and if they did, I can almost guarantee that if you called the police, it would be resolved within an hour of it starting.
Re. Factor #2: a) you have a number of legal options available to you. Some are more expensive than others. Legal aid does exist here (like it does back home) and it is free. b) the whole POINT is to NOT take anything like this lying down -- because it gives employers and landlords the precedence to go ahead and DICK other foreigners at will -- because they gamble on the fact that we don't know our legal rights or what to do if our rights get violated. If you play a game of brinksmanship in Japan, I can almost guarantee you that 9 times out of 10, it will be the Japanese person who will back down first. Don't be afraid to play chicken if you know you are in the right -- believe me -- Japanese people like the status quo -- they want to AVOID conflict, and will often go to high extremes in order to do so. If you make it plain that you are ready for a bloody fight and won't back down, you will likely prevail. Don't be a chickensh|t! |
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furiousmilksheikali
Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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| Posted: Tue Dec 19, 2006 9:01 am Post subject: |
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| Hear! Hear! |
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sethness
Joined: 28 Feb 2005
Posts: 209
Location: Hiroshima, Japan
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| Posted: Tue Dec 19, 2006 9:51 am Post subject: |
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I agree that in bluffing and brinksmanship, the Japanese person will probably back down first.
However, I'm thinking that the Original Poster is planning to be outside the apartment, job- or apartment-hunting, and so may not be around to call the police.
Also, legal action takes time. Lots of time. Lawyer-fights are often fights of attrition, and a poor homeless gaijin is not going to be able to put up a big fight.
As for free legal aid... I've experienced some of that personally. In the one case, it amounted to "free for an hour, costs big-time for anything more". In the other, I was the defendant and used a pro-bono lawyer who was quite literally worse than useless, and really not an "advocate" or even a particularly good listener. Y'get what you pay for.
So, amending what I said earlier, I'd say OK, try a leeeeetle brinksmanshp, but if the controller of the apartment holds their ground, then go find a weekly mansion or a youth hostel, and let a moving company put your stuff into storage while you're hunting for a new place.
(BTW, what city are we talking about, specifically? If it's a place I've lived, I could recommend alternative housing with low rents, month-to-month leases, and/or no key money. Might be helpful...?) |
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mtheta
Joined: 21 Jun 2006
Posts: 76
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| Posted: Tue Dec 19, 2006 12:08 pm Post subject: |
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Wow, thank you so much for the responses. It is nice to hear that I do have rights and am not crazy here. The problem is that I leave for vacation in 3 days, so all of the legal battles/police options are to complicated. I have secured an apartment, but can not move my things until Jan. 13th. We told some Japanese co-workers the situation and they have been amazing by offering to help us move and keep things at there homes. These people have made up for the bad image my employer has given Japanese people.
I recieved an email from my employer this evening telling me that if I agreed to stay working for her then she would let me keep my belongings in the house over the next few weeks, sounds like blackmail basically. This person can not be trusted. She also said that my friend has treated her terribly and should apolagize to the school for such inconveniences (this is crap of course my friend resigned within the confines of the contract and was friendly up until this week when the employer started screwing us around). I am here in Japan on a working holiday visa, so I am legal. She is bringing over a former employee to replace my friend, but this former employee will be coming into the country with a tourist visa. This is illegal and I have half the mind to report the school to immigration.
I see now for myself why people warn against small private english schools. |
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furiousmilksheikali
Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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| Posted: Tue Dec 19, 2006 12:27 pm Post subject: |
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| mtheta wrote: |
| It is nice to hear that I do have rights and am not crazy here. |
Aside from a little schizophrenia perhaps? |
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G Cthulhu
Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.
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| Posted: Tue Dec 19, 2006 2:25 pm Post subject: Re: Another option... |
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| sethness wrote: |
I think maybe the legal experts in this thread are forgetting two important factors, and giving you an unnecessarily rosy picture. Factor Factor#2: Even if the law is on your side, getting a lawyer and legal action is not as easy nor as fast as it is in the West. Yes, that's unfair, but it's the reality. |
Small Claims Court is your friend. Fast, simple, and cheap. |
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monkeypig
Joined: 13 Dec 2006
Posts: 4
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| Posted: Tue Dec 19, 2006 2:28 pm Post subject: |
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| furiousmilksheikali wrote: |
| mtheta wrote: |
| It is nice to hear that I do have rights and am not crazy here. |
Aside from a little schizophrenia perhaps? |
perhaps... |
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furiousmilksheikali
Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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| Posted: Tue Dec 19, 2006 2:36 pm Post subject: |
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| monkeypig wrote: |
| furiousmilksheikali wrote: |
| mtheta wrote: |
| It is nice to hear that I do have rights and am not crazy here. |
Aside from a little schizophrenia perhaps? |
perhaps... |
Good luck to you anyhow...both of your personalities. |
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