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cheryl
Joined: 01 Apr 2003 Posts: 119 Location: Japan
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Posted: Thu Dec 04, 2003 12:55 pm Post subject: No rights? |
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I was just told that by being a foreign worker in Japan, i have next to no rights. i.e. i'd probably lose a case in court regardless if i was right or not because i'm a foreign worker going up against a Japanese national.
What do you all think? |
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Wolf

Joined: 10 May 2003 Posts: 1245 Location: Middle Earth
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Posted: Thu Dec 04, 2003 1:14 pm Post subject: |
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http://www.generalunion.org/
The rights of everyone in Japan are protected under Japanese law, not just the rights of the Japanese citizens themselves. There have been cases where foreign employees having won out in disputes with their companies. Not all such cases actually go to court, but a few have.
There may be prejudice, but I think it's an overstatement to say "no rights at all." I ended up with unemployment insurance, which our company had not initially offered. That wasn't a court case, though.
Compared to what I know of other nearby nations, I'd say that Japan's track record, while not spotless, is hardly the worst.
Who told you this? Rumour mills can be lovely things. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Thu Dec 04, 2003 2:58 pm Post subject: Re: No rights? |
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cheryl wrote: |
I was just told that by being a foreign worker in Japan, i have next to no rights. i.e. i'd probably lose a case in court regardless if i was right or not because i'm a foreign worker going up against a Japanese national.
What do you all think? |
99% of the time, cases against employers are settled way before it reaches the litigation stage. As long as you have a valid work visa you are protected by Japanese labor laws in all their forms and if you have adequate representation (either by a lawyer or a strong union) you have a fair chance of succeeding.
Bias does exist in Japanese courts (judges tend to be very conservative as well), but I have heard of cases of foreign teachers standing up to their employers and winning in court (Nichibei in Osaka, which dragged through the court system for about 3 years)
If it gets to court be prepared for a long wait, as the speed of trials is at a snails pace and chances are you will have gone back home or your contract will have finished by the time a judgement is reached. |
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cheryl
Joined: 01 Apr 2003 Posts: 119 Location: Japan
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Posted: Sun Dec 07, 2003 3:25 pm Post subject: |
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Thank you both for responding.
Wolf, an ALT in my prefecture told me that. I thought he might have been exaggerating but being a first year, and him being a third, i figured he knew more than me.
cheryl |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Mon Dec 08, 2003 12:59 am Post subject: |
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Cheryl
I dont know if you were here a few years ago but a Brazilian born journalist sued a shopkeeper in Nagoya becuase he shooed her out of her shop,because he believed that all Brazilians were potential thieves and she would shoplift from his store. She won about 100,000 yen in compensation as well as a moral victory. Foreigners can and do win against Japanese if they have the law of their side.
Then there is the Hokkaido onsen case where an American born Japanese national was refused entry to an onsen with his Japan-born family. He won 3 million yen compensation from the courts against a local business but was unable to get the judge to get the onsen and local government to admit wrongdoing. |
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cheryl
Joined: 01 Apr 2003 Posts: 119 Location: Japan
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Posted: Mon Dec 08, 2003 2:05 am Post subject: |
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PaulH,
No, i wasn:t here at the time. I:ve only been in Japan for 4 months. Your examples give me hope that if we do go to court, i might have a chance at winning. I wish my case was that cut and dry. It:s about lying/fraud but in the end, it:s "their" word against my word. Granted i have a lot of people supporting me, but i don:t know how far "their" excuse of, " it was all a cultural/language misunderstanding on HER part" will take them.
If you:ve got the time, you can read my other thread "foreign workers or ALT:s in Kyushu, help" (or soemthing like that), it:s about my problem.
Anyhow, thanks again for your post, my hope started to dwindle.
Cheryl |
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shmooj

Joined: 11 Sep 2003 Posts: 1758 Location: Seoul, ROK
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Posted: Mon Dec 08, 2003 2:59 am Post subject: |
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I think that jewellery shop thing with the Brazilian woman was actually in Shizuoka where there are a lot of Brazilians and therefore they are quite a strong social force. Don't know if she would have been so "lucky" if it happened elsewhere e.g. Tohoku. |
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