|
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 |
User N. Ame
Joined: 11 Dec 2006 Posts: 222 Location: Kanto
|
Posted: Mon Jan 29, 2007 7:23 pm Post subject: Contract dilema: any suggestions? |
|
|
I have worked in Japan for a couple different employers in the past, both times the contracts were signed, sealed and delivered in advance of my arrival.
Latest situation: I've been offered a job, following application and phone interview. When I applied for the job and interviewed (via phone) for it, I was still in Japan. Shortly after this, I returned to my home country, and about a week after arriving home, I got an e-mail from the company, telling me my references had cleared, asking that I now attend a face-to-face interview (they thought I was still in Japan). I explained that this would be impossible because I had returned to my home country, and asked if there was any way around this problem. They replied back the next day stating that given the circumstances, they were prepared to offer me a contract on the strength of my application and references. They attached a Word file containing a sample contract, and it's pretty standard issue. They asked me to review the contract then reply ASAP. I replied enthusiastically, accepting the job, yet asked if they could send me a signed contract. It took a couple days for them to answer, and they agreed that given my situation (they normally hire from within Japan), they would send me a contract.
I got the contract a week later via courier. It has the company letterhead, and is as all other contracts I've seen; legit in every way. Yet, they did not sign it. In previous e-mails they suggested they like to sign a contract with the new employee upon arrival for training.
I've been in Japan previous to this, and all my current visa, ARC, re-entry documents are perfectly in order. Getting back into the country legally is not my concern. My concern is arriving on the basis of a verbal contract (sent via e-mail). I'm investing a ton of money in flight & moving expenses back to Japan, not to mention I'm passing up job prospects in my home country - to take this job offer in Japan.
My question: is it too much of a gamble to invest in the trip over without an actual signed contract? I have a few days before I need to lay down the cash for my flight. I've done my research on this company and it checks out fine; indeed, I can find no complaints from former employees on any of the Japan forums, in blogs, etc.... It wouldn't be a complete bust if the worst case scenerio were realized. I still have my documents and can quickly seek out other work. But, I'm really weary about arriving in Japan without a signed contract.
Sorry this post was a bit long-winded. Any comments, either to this thread or to me via PM, appreciated. |
|
Back to top |
|
 |
G Cthulhu
Joined: 07 Feb 2003 Posts: 1373 Location: Way, way off course.
|
Posted: Mon Jan 29, 2007 8:58 pm Post subject: Re: Contract dilema: any suggestions? |
|
|
My understanding is that if they've stated they are offering you the job and you've accepted then that _is_ a contract: if they renege once you get there you can sue them through the Japanese version of Small Claims Court for your expenses in getting to Japan.
Going on what you've said, there doesn't seem to be much problem other than someone at their end forgot to sign the contract they sent you. If you're happy with everything else then if it were me I'd be inclined to let it slide. If you're worried, then make sure you don't delete any of the emails and make backups that include the full path headers on the off-chance it ever becomes important.
BTW (just to wind you up a bit) if the contract is in English then it has almost no legal standing in Japan anyway.  |
|
Back to top |
|
 |
User N. Ame
Joined: 11 Dec 2006 Posts: 222 Location: Kanto
|
Posted: Mon Jan 29, 2007 9:27 pm Post subject: Re: Contract dilema: any suggestions? |
|
|
G Cthulhu wrote: |
My understanding is that if they've stated they are offering you the job and you've accepted then that _is_ a contract: if they renege once you get there you can sue them through the Japanese version of Small Claims Court for your expenses in getting to Japan. |
Yes, this was my understanding, too. Thanks you for the second opinion.
G Cthulhu wrote: |
Going on what you've said, there doesn't seem to be much problem other than someone at their end forgot to sign the contract they sent you. If you're happy with everything else then if it were me I'd be inclined to let it slide. If you're worried, then make sure you don't delete any of the emails and make backups that include the full path headers on the off-chance it ever becomes important. |
I'm leaning toward the let it slide side of the issue. As I said, I've otherwise found no reason to doubt this offer, and sometimes you simply have to go with your intuition. This is not a fly-by-night dispatch company or unknown private school. I guess I'm just trying to see what anyone else might of experienced on this issue.
Re: your very point that contracts written in English carry no legal weight. Very true, and I was aware of this. It almost makes the entire issue of contracts for foreigners a moot point, doesn't it? English contracts seem almost more of a symbolic gesture of good faith more than anything else. If a company is gonna renege on a deal or engage in monkey business, they're gonna tend to do with or without a signed English contract.
Thanks again. |
|
Back to top |
|
 |
Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
|
Posted: Mon Jan 29, 2007 10:04 pm Post subject: |
|
|
Since you have found nothing to the negative, I wouldn't worry about it. Of course, there are bound to be some details you left out in your dealings, but that's only natural. What I'm saying is that all we have to go on here is what you say.
Sounds all right to me. I think they didn't sign the contract simply because of protocol. Big guy gets to put his hanko on last. Would probably happen even if you were in the country.
Best of luck. Let us know how things happen. |
|
Back to top |
|
 |
GambateBingBangBOOM
Joined: 04 Nov 2003 Posts: 2021 Location: Japan
|
Posted: Tue Jan 30, 2007 1:14 am Post subject: |
|
|
The actual contract for JETs (for example, because it's a large goverment program that therefore has respectability[?] internationally) is signed when they reach their destination. The one they sign in their home country is not actually the one used by the Contracting Organization. Receiving a non-signed contract is standard. It gives them an out if you show up and you aren't the person they hired (as in the picture on your resume- assuming that because you applied in Japan you had one- is actually of you, and the person they telephone interviewed was really you). Sounds crazy, but 'stand-in's for interviews is actually not uncommon in many parts of the world (it's common in the Middle East and also in China, and I'm guessing many other countries and areas of Asia). They are hiring foreigners so they have to protect themselves.
I wouldn't worry about it, if I were you. |
|
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
|