Job Discussion Forums

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

JZ,

The employer that has this dubious clause in the contract... would this be a full-time employer for you?

If so, then sign at your own risk. Essentially, signing says you agree to the terms, but if the terms are illegal, that automatically voids the contract anyway. (Some have even said that a contract not written in Japanese is itself void in Japan! Don't quote me on that, though.)

Is the clause illegal? I don't know. See what a union rep says, or what a lawyer says. At worst, it's illegal; at best, it's merely an unenforceable pain that (as others have said) the employer may be willing to overlook, depending on circumstances. Talk to the other teachers at that employer and see what they have to say.

If this is only a part-time job for you, then politely remind the employer. Perhaps this is a standard contract designed only for full-timers. Obviously, a part-timer is expected to be part-time elsewhere as well, so the clause should not apply (and shouldn't even be in there!).

In order:
1) talk to other teachers there.
2) talk to a union rep/lawyer.
3) go from there, whether to politely discuss things or not with the employer.

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

GambateBingBangBOOM · Joined: 04 Nov 2003 Posts: 2021 Location: Japan

All you can do is ask them to remove it, and if they won't then you need to decide if it's still worth it to sign. Of course, they may rethink thier decision to hire you based on that. And of course, they may watch you like a hawk when you get here, because you would basically be telling them that you intend to look for side jobs, making it impossible for you to do what everybody else may be doing.

Or you can just sign, and figure out how crazy they are about that particular issue when you get here- that's what almost everybody does.

Basically, there is no way for you to force them to remove it, because at the end of the day they have invested nothing into you until after you've signed it. If you sign it and then start trying to put up a stink, you will be asked why you signed it in the first place. It is entirely possible that it isn't a legal clause, but to fight it would be very expensive, take a really long time, and you would be asking the Japanese to back foreigners against a Japanese company for having a common clause in their contract. And as has been mentioned earlier, if it's causing the employer no problems, they probably aren't going to get all bent out of shape over it.

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

http://www.generalunion.org/links.htm
http://nambufwc.org/

The above are two unions in Japan. Talk to them by email. The first link is a special page of one union that has links to law offices. Again, use email.

Look here for more legal advice.
http://www.efl-law.com/

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

markle · Joined: 17 Jan 2003 Posts: 1316 Location: Out of Japan

Honestly I think you've made a fairly substantial mountain out of this molehill.

1. These clauses are often put in by employers for a variety of reasons (legality of it being irrelevant) and for the most part employees ignore them but are discreet about it. Not sh itting in your own backyard comes to mind. Remember the appearance of compliance is far more important than actual compliance.

2. Immigration have a million other thinks to do (doing all the forms again in triplicate) rather than checking up on random gaijin teachers doing a bit of moonlighting.

Really though I think it might be a little difficult to actually find a place that has openings on Mondays as that is the most common day for eikawas to close.

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

GambateBingBangBOOM · Joined: 04 Nov 2003 Posts: 2021 Location: Japan

Immigration cops are more worried about South Americans who work in factories than native English teachers. I was woken up at 6am in the morning once by the immigration cops demanding to see my passport- I lived in a 'gaijin slum' (almost the entire building was South American). I know a few native English teachers who've been asked to show their gaijin cards- not a single one of them was white.

markle · Joined: 17 Jan 2003 Posts: 1316 Location: Out of Japan

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

I agree with the others that you won't likely have any worries from immigration. If anything (and that is a nebulous "if"), you might run into problems with the employer, depending on how compulsive he is about that clause. markle's point #1 above is probably dead on in that regard, but this clause is all we have to go on. We really can't say more than what we have (mountains and molehills aside) without having interviewed with the employer or seen the rest of the contract or spoken to the other teachers.

I don't understand what you wrote below. If you want to pursue this thread further, help me out.

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

AndyH · Joined: 30 Sep 2004 Posts: 417

I think markle gave particularly good advice.

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

JZer · Joined: 16 Jan 2005 Posts: 3898 Location: Pittsburgh

Another question, is morning work easy to get (9AM-12Pm)?