Job Discussion Forums

cafebleu · Joined: 10 Feb 2003 Posts: 404

Then we might be able to give more to you! Sorry to hear of your situation - it really is a stressful experience to go to the other side of the world to work and find yourself dumped in this kind of mess already.

The important points are:

1) Yes, technically it is illegal for you to be working without the permission bestowed by a working visa.

2) It sounds rather bad for your husband that his passport wasn't stamped at all.

3) You really were lured to Japan under false pretences - you were verbally promised conditions such as your being able to return home for one month in July. Your employer said yes, you and your husband stopped what you were doing and went with haste to Japan to help out your employer.

Now for 2 questions and some advice -

1) Do you have a Certificate of Eligibility and a written work contract?

2) Is your employer well known or is it some small company that doesn't seem to have any real resources or staff?

ADVICE

As you and your husband are in a dicey position at the present and July is a relatively long way off, I'd play the game. Play along with the employer for now.

Tell your employer "Yes, I'll think about it" in regard to the unreasonable demand that you only spend a week in July when you go back home. In other words, you are not agreeing - you are appearing to agree, you are saying yes you understand what they want you to do. This is a typically Japanese way of communicating and being non commital.

Do NOT confront your employer - you have no real rights in Japan if you are working illegally and you will be blamed despite useful legal advice others might give you. You are barely in Japan, you are not in the position to start demanding your rights with your employer.

Do this instead - ask for a written contract for both you and your husband (individual contracts). Verbal contracts are binding in Japan but enforcing them is another thing altogether. Insist on something in writing.

You and your husband together insist very nicely on knowing what is happening with your visa processing. Let them know in a subtle way that you understand you both need your visas ASAP.

Keep a diary of everything that has happened with dates, times and names. Sign it and get your husband to co-sign it and date it for each entry. Write down what your employer says to you about everything.

Keep quiet about the July fiasco. Don't mention it again - yet. Your employer could get nasty and pull the rug out from under you, and the police could get involved. YOU 2 will be blamed - not your employer.

And could you answer those questions? Thanks. Hope this helps.

cafebleu · Joined: 10 Feb 2003 Posts: 404

This is for Quibby84 and was meant to go on her thread "Screwed .. what should I do."

Quibby84 · Joined: 10 Aug 2006 Posts: 643 Location: Japan

Hey,
We have a contract and our school is pretty well known in this area. The reason we dont have a visa is because I graduated at the end of December, they needed us because someone cut their contract short so we came earlier than we planned. When we got to the airport my husband and I were split up, I got a stamp and he didnt although they did let him through. We didnt think anything of it at the time because we havent done anything like this before. But when we got to our job they were very shocked that he didnt have a stamp, so now it is just finding the time to go to immigration and get it. When I talked to the owner of the company (who doesnt understand all english) she said no about going for a month. But after we left she approached a friend of ours (who is to working without a visa because he has only been here a few weeks,we have been here a month) and said that she was worried that we would quit. He said he was to, and another employee asked him the same thing. So I know that they dont want us to leave, we are both dedicated teachers that they would be stupid to run off. So I know that we will eventually get our way because we will leave and find a new job if they dont let us go like they promised. I dont know if I mentioned this before but I found emails where I specifically asked about taking off THE MONTH OF JULY and was told yes you have full permission, go ahead and buy the ticket. I asked him several times and was told the same thing "you gave us enough warning, everyone at the office knows about this" etc etc. So I will print this stuff out and bring it in to work.
The visa issue is a whole other thing. Our school is short teachers (anyone looking for a job..private message me...lol....) and the office workers are so busy that they can not breathe. The owner only comes in for about 10 min. a day so knows nothing about what goes on, she probably doesnt know that we dont have visas or knows what could happen to us if we were caught. I was once stopped by the police while riding my bike and because I didnt know japanese I was saved (I believe) I gave them my passport and it wasnt expired so it was ok. But then I called the office and said that I needed a visa NOW because I dont like working illegally, but finding the time is very hard and I dont think that they realize the importance of the situation. It is hard because the japanese workers do EVERTHING but the owner has final say. She knows nothing about the way the business is run so if she says we cant take a day off to go to immigration then we cant...its really stupid. BUT I dont want to find a new job because I love this one, outside of the disorganization in the office I love my job. And I am actually going to be put in preschool as the head teacher so I am really excited about that, and I dont want to lose that. When it comes to the school and teaching english part of the school it is great, if I need supplies they either buy them for me or I buy them and they pay me back immediately. I can do WHATEVER I want because I am the boss, and I love that. I also like my co-workers....its just the management that gives me trouble.
The other guy who doesnt have a visa has a higher position than us and his wife is japanese so I am going to tell him about the fine thing and maybe he can get the ball moving.
And I will go home for July, because I have proof and I now know that they dont want to lose us as teachers....so....I will get what I was promised.
So anyways, any advice would be appreciated.

canuck · Joined: 11 May 2003 Posts: 1921 Location: Japan

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

Quibby,
You may feel as if your employer cares for you, but I don't. I'm sorry. If memory serves, I may have given you a strong caution when you were job hunting. I can't recall the details.

Any employer who truly wants to retain his teachers will do more than show up 10 minutes per day. He will find the time to get the necessary paperwork done to ensure that the visa is issued. Neither of you has to even show up in the immigration office. The employer can do all of the filing.

Since this has clearly not been done properly, I submit to you that you are being scammed and lied to. Call in sick and go to the immigration office and get things straightened out.

Quibby84 · Joined: 10 Aug 2006 Posts: 643 Location: Japan

I am 100% sure that the owner of my company doesnt give a lick about me (as a person), but I am pretty sure that she wants me as a teacher, which probably isnt that reassuring of a thing.
So...I dont have to be there to get my visa?
The biggest problem at my school is disorganization, which is probably the worst thing. I wish I could do everything myself and only come in to work to teach because dealing with people there about issue other than teaching is a pain in the butt because of the language barrier as well as the culture barrier. My husband has a meeting with the second in command (we just set this up) tomorrow or tuesday so I am giving him a list of things to address...but the chances of getting what we need and want are pretty slim. We are not completely screwed I guess because there are always other fish in the sea, I just hope that it all works out so that we can stay working here.
Anyways, thanks for all the advice. I am beginning to realize that absolutely NOTHING is as good or as easy as it sounds. But my husband and I are willing to stick it out because if anything...its an adventure...lol.
oh and on the side of good news, we found this awesome apartment bigger than Leo Palace (thank God) but the same price....(another reason why we dont want to leave this area)

canuck · Joined: 11 May 2003 Posts: 1921 Location: Japan

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

Quibby,
If your situation is anything like the following, get out NOW:

Some people are urged desperately (albeit seemingly politely or professionally) to come to Japan without a work visa simply because the school "needs them". They are told (seemingly politely or professionally) that the school will work things out ASAP with their visa, but that never happens. The end result is overstaying a tourist status and being expelled from Japan without a final paycheck.

I hope this is not the case with you, but it sure sounds a lot like it.

I have no idea what happened to your husband. You said he passed through the airport without getting a visa stamp in his passport. Did he have a COE in it? If so, that is pretty slipshod and very unlike immigration/customs. If not, then he simply came into Japan as a tourist, but are you saying he didn't even get a "welcome" stamp in his passport to indicate that he has officially been accepted? That would be even more slipshod of customs.

You wrote:

Quibby84 · Joined: 10 Aug 2006 Posts: 643 Location: Japan

He didnt get the Welcome sticker. He had nothing in his passport when he went through customs and nothing when he came out. It was definitely a error in customs..which from what we have heard is quite rare.
It is not that I am trying to delude myself it that my hands are tied. I cant go to the Immigration office by myself (I dont know where it is, dont have a car, and dont speak japanese). We dont really know what is going on right now. We dont want to quit because we would lose lots of money and because we like it. We are stuck here for now. We are nagging and are doing all that we can do at this point. I get off of work at 5 on Tuesday, if I can get someone to go with me, do you think it will be open then. Last time I went to get my gaijin card we went at lunch time, maybe we can do that again. I have gaps in my work schedule but my husband does not....it is just very complicated and I would give advice (to whoever is listening) to GET A VISA BEFORE YOU COME, and get EVERYTHING in a signed contract form, even if you trust the person.
oh, I dont think that our school is a scam I work with many people who have worked there for a year or longer and they are all legal, it just takes time because everyone is so stinkin unorganized...
I will keep you updated.
Thanks

Gordon · Joined: 28 Jan 2003 Posts: 5309 Location: Japan

If your husband is too busy to go to immigration, he can be "sick" one day. Better yet, tell your employer you have to go one morning and go. THIS IS A PRIORITY FOR YOUR JOB, not only for you but your employer as well. He can't stop you from going to immigration.

canuck · Joined: 11 May 2003 Posts: 1921 Location: Japan

Grasshopper · Joined: 01 Nov 2005 Posts: 62 Location: Japan

Go to Immigration. Get your visa taken care of.

I`ve had the experience of a bad employer that would tell employees anything to keep them working.

Your employer doesn`t need you. They can get anybody with a degree to do the job you`re doing. You`re just convenient.

I`m sorry if this sounds harsh, but that`s how things are over here with bad employers. It`s probably unlike anything you`ve ever experienced before.

You aren`t that important to your employer or the school. No matter what they tell you.

Realize what you`re worth. Go to immigration & get your visa before you work any more.

Good Luck

kendoman1 · Joined: 14 Jul 2005 Posts: 69

Quibby84 is a troll!. There is "NO WAY!! Japanese Immigration is going to fail to stamp your husbands passport.

Quibby84 · Joined: 10 Aug 2006 Posts: 643 Location: Japan

believe or not believe but my husband has a completely empty passport. Everyone who has seen it so far has been amazed. Just our luck to have something happen to us that doesnt happen in a million years.
Tomorrow we go to Immigration and get Visas. I called and told them that I wanted it now and to get someone to cover my afternoon class (my husband already had the afternoon free), I was shocked (but happy) when they did it. So we go tomorrow. She told us that they pay for the working visa which is 4000 yen but if we want to get a reentry visa it is 3000 and if you want an unlimited re-entry visa then it is 6000 yen...I guess we should get the unlimited re-entry just incase something happens and we have to leave more than once..is this the best decision?