Job Discussion Forums

[Quibby84]

Ok, so when we got this job we came early to help out our company because someone left. Well I didnt want to come early because I wanted to be here for my sister's baby, so I told them that if we came then we had to be able to go home for the month of July. They said ok. So I bought a round-trip ticket that will take me home on July 3rd. Well, today when I asked which day I could come back to Japan they said I had to come back exactly one week later (one day after the wedding). It was the owner who told me this, it was someone else who told me that I could take the month off (and he is now gone). The owner claims to know nothing about us leaving for the month but everyone else claims that they did know. I know she is lying. The guy who we talked to and who is now gone may have been a tiny bit crooked and I blaimed it on him at first but when I asked the second in command if she knew about this it was obvious that she did. But the boss says no "its impossible". I am so angry that I am ready to find a new job after I get my visa from them. But I like the job and dont want to leave it, I just want to take at least 3 weeks off in July like I was promised. I know that my husband and I are valuable teachers and that they dont want us to leave, soo...what do you think I should do?
any advice is appreciated .

[JimDunlop2]

I'd just re-iterate what was promised, and hold them to it, regardless of what the owner says now.... Tell the owner that your taking 3 weeks in July was THE condition for you to accept the contract to work there -- and by denying you that, THEY are in breach of contract (verbal contracts are as binding as written ones) and you can pursue compensation for the price of your flight tickets which are non-refundable.

When the time comes in July, just up and leave (as promised) making sure to say, "See you in 3 weeks." Then, when you come back, see if you still have a job or not. If they fired you while you were away, just march on down to your local "Hello Work" office and start collecting pogey while you look for a new job. AND, make sure you DO file in small claims court for A) wrongful dismissal, and B) compensation for your flight tickets and lost wages.

Oh yeah, if they also provided your apartment, make sure you change the locks before you take off. Just in case.

I'd say the chances are at least 50/50 that you still WOULD have a job when you got back -- depending how much they REALLY want to go through the hsasle, paperwork and trouble to replace 2 teachers at once, at such short notice to boot.

But that's just what I'd do. I don't know what YOU'd do.

[sethness]

I'll second all that JimDunlop2 said.

The plain facts are that Japanese employers are quite used to their employees taking any sort of harsh "request" from the employer-- it's a cultural thing. Foreigners are expected to complain and flake out, though, so perhaps the boss won't freak out too much if you hold him to the bargain you'd struck earlier.

Stick to your guns with this employer, and also look for alternative employment as a "Plan B" in case the situation becomes intolerable.

Recognize, though, that if the employer runs a small school and loses you AND your husband for most of a month, he probably doesn't have substitute teachers to cover your classes while you're absent. That puts him in a terribly rough position, losing potentially a month's student tuition and possibly not being able to get those students back if they go to other schools.

If I were you, I'd search for substitute teachers who might be able to fill in for you and your husband while you hope/plan/want to be away. By finding subs, you can assuage the employer's biggest fears.

[Quibby84]

Thanks　so much for the replies. I think that is what we are going to d.o. They say that it is impossible for them to find other workers for that time. But i have filled spots for two different workers who have left to go home so I know that i can work. They are using us and that is what itcomes down to.
I was VERY upset after this episode with the boss so your replies make me feel really good. Oh, another thing is that we have the ticket to get there but not one to get back to japan, should we go ahead and buy the ticket or will that then put us in the wrong?
(sorry typing is bad, this is weird japanese keyboard)
thanks again,
oh and I am pretty sure that i can either find teachers to replace me and my private classes can make up...so the boss is just being lazy. I actually asked her if I could do this, she paused and then said its impossible....ARGH.
thanks so much!
Melissa

[JimDunlop2]

I don't want to cause you to actually LOSE your job.... But some nice key words that have served me VERY WELL in Japan....

"I went to my LAWYER'S office yesterday..." (Whether it's true or not), each time I've used that line, the person who I was speaking to -- their eyes would get as big as saucers and much backpedalling usually then ensued..."

[shuize]

I agree with the posts above that suggest the OP hold the employer to the contract. I hate that kind of bait and switch bullsh't.

However, I would just add, that in addition to being prepared to walk if things don't work out, also be prepared for your relationship with your employer and fellow employees to suck for the rest of the time you stay if you threaten legal action.

Not saying you're not justified, mind you. Just that that's how things are likely to turn out.

[movinaround]

Everything the people above said was spot on. But I highly doubt it will come to that. Stay civil! Even if you leave, staying civil is always the way to go. You always get more with civility than anger, especially in Japan.

[bornslippy1981]

[Quibby84]

visa is in progress, we should have it by next month....BUT they didnt stamp (at all) my husbands passport in customs so his will take longer although all iinformation is there and is being worked out.
that does suck....is that illegal? or is it just illegal if no visa is in the works?

[canuck]

[Quibby84]

I know. It really bothers me...but how do I speed up visa progress?
What happens to people or companies that have people working without a visa?

[bornslippy1981]

Quibby,

Please clarify a few things. I'm not an expert on visa issues, but a few posters know more than I do, so might be able to offer some help.

From what I gather, you and your husband arrived without a working visa. You started working for this company, and they agreed to sponsor your visa, and you have taken the paperwork to immigration. Immigration stamped your passport with "Application" and a number below it. Now you are waiting for a postcard filled out with your address that says the visa is ready?

My understanding is you can work while your visa is in process. While this is true for extensions, I'm not sure about first time applications. For example, my visa expired last year around April 1st, and I applied for extension about two weeks before. The next time I visited immigration was around April 8th, but because I had applied for the extension, my work was legal.

The next thing, is your husband has not been sponsored by this company, so he currently has nothing except a tourist visa in his passport, but he is still working for the same company?

As Canuck said, working without a valid visa is illegal. If you're not paid, there's little you can do about it. I'm sure there are far worse things that could happen.

[canuck]

[furiousmilksheikali]

[cafebleu]

Quibby84 - I posted to what I thought was this thread but accidentally made a new thread. Please read it - it's likely to help you - and please reply via this thread. Thanks!