|
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 |
AgentMulderUK
Joined: 22 Sep 2003
Posts: 360
Location: Concrete jungle (Tokyo)
|
 Posted: Thu May 22, 2008 10:07 am Post subject: |
 |
|
Been in your situation and survived no problem. Interac threatened me with the same, even tried to make me sign something to that effect, or they would not return my degree certificate....
Just ignore the stupid cow and move on to greener pastures |
|
| Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again
|
| Posted: Thu May 22, 2008 12:55 pm Post subject: |
|
|
If a little pay (say only those four days) is withheld, I'm not sure it would be worth pursuing, but I'd be surprised if a clause requiring four months (as opposed to say the two weeks that we all seem to think is the legal minimum) would be seen as binding on you, in the same way that clauses which e.g. say you are liable for supposed losses your employer might suffer are illegal (this sort of thing is covered in the Labor Laws, follow the link I suppled earlier).
BTW, I can appreciate that some places can be a real grind to work at, and did myself once hand in my notice after only having been at a place one month, but I actually did then work the required notice (a further three months, for four months in total) as it was in a more provincial city, which made long-term foreigners that bit harder to find, plus the move I was intedning to make to Tokyo was going to take a bit more time to realize. So it's understandable that your employer would be a bit upset and be doing her "utmost" to "encourage" you to stay, Nagoya Gal, and to be honest I don't think it sounds like you've been actually cheated much if at all yet (perhaps the upper limits to the pay scale are for people with PhDs or umpteen languages at fully bilingual level, or for doing impossible amounts of overtime in place of essentials like sleep. Whatever, your point on the pay scale always seems to be at the employer's discretion, and unless you haggle prior to signing, you usually end up on the lowest rung IMHE   ). |
|
| Back to top |
|
|
Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
|
| Posted: Thu May 22, 2008 2:34 pm Post subject: |
|
|
| Nagoya_Gal wrote: |
| I gave my boss 30 days notice last month, after only have worked there for 8 weeks. She knows I am familiar with working in Japan, which is why I think she said it was a "new law". I don't think she knows how disgruntled I have been with her actions, right from the beginning. I have tried to be as diplomatic with her as possible, even though I don't trust her. There are have been other instances of "stretching the truth". For example, I would walk into what I think would be normal lesson, and there would be trial students mixed in with the regular students. This would cause me to scramble last minute for extra handouts/ materials. This bothered me, as I like to be prepared well for every lesson. When I asked my boss later why she didn't tell me about the trial lessons, she just laughed, like she was brushing it off, trying to be cool, and replied, "I told you about it... ha ha!". However, I didn't laugh back, as I could see she was lying, and never told me about it. Anyways, little "lies", such as the new regulations, and "telling me about trial students" are just a few of the facts that have been altered or stretched by this boss. Another example is when the school advertises to prospective teachers, the job description says teachers can make 250,000 - 280,000 per month. When I got my contract, it said only 250,000 per month. When I inquired to my boss, as to when raises or bonuses may occur, she said that "oh no, there are no raises or bonuses. You can only make 250,000 per month." |
About the salary thing, ads can say a range, and it is up to the candidate to ask for a definition of how one gets the high or low end of that range, plus the contract itself must state how one gets paid, including bonuses. So, don't try using an advertisement alone as your basis for stretching the truth.
Regarding the other points, though, look at the labor laws (Article 15, regarding Clear Indication of Working Conditions, section 2). It says...
2. In the event that the working conditions as clearly
indicated by the provisions of the preceding paragraph
differ from actual fact, the worker may immediately cancel
the labor contract.
So, you can at least hold this over her head for the statements you wrote above...if things ever come to needing such power.
Regarding giving notice, there is nothing in the labor laws which says how much time you must give. It does say, however, that if the employer fires you, he must give 30 days notice or that much equivalent pay (Article 20). So, a contract clause with more than 30 days in it is pretty lame and serves only to give an employer a sense of power (and a hope that he will get >30 days to find a replacement). Again, don't hold this over her head, and don't hope to get fired just to invalidate any other confusion over contracts and just to ensure you get this money. I write this only to show you how unfairly some contracts can be written. The clause may not be illegal, but it certainly isn't a binding clause, either, necessarily. That is, employers can't put in just any clause they like and say it's legal.
Heads up, too. You worked there 8 weeks, which is far longer than any probationary period I know, but your employer might try to brush off any of your claims by saying you were on probation (Article 21). She must, however, clearly show that you were actually on probation, and that means pointing out a defined period on the contract.
Lastly, that letter of release. Labor laws clearly state that you are to be given it immediately upon your request for it (Article 22).
Hoser,
Related to the last statement above and your post, I think you don't NEED to get a letter of release when you change or extend your visa or change jobs. It makes sense if you change the visa or job, but if your employer is willing to continue serving as sponsor, so be it. Confirm this with legal counsel, of course. |
|
| Back to top |
|
|
Nagoya_Gal
Joined: 09 May 2008
Posts: 8
|
| Posted: Thu May 22, 2008 3:17 pm Post subject: |
|
|
| Ah, yes, that is right, about not using the ad as a basis for stretching the truth. Perhaps what I meant to say was, "I was really disappointed when my boss informed me I would never have the chance to climb above 250,000 yen per month". With so many schools offering below 250,000 nowadays, perhaps that is not something to complain about... |
|
| Back to top |
|
|
Apsara
Joined: 20 Sep 2005
Posts: 2142
Location: Tokyo, Japan
|
| Posted: Thu May 22, 2008 10:40 pm Post subject: |
|
|
A few years back I managed to extend my visa without the letter of release- Nova had never sent it to me in spite of repeated requests, right up to about 3 days before my visa expired when I finally went to Immigration totally stressed out and explained that I had all the other documents, but Nova wouldn't send me my letter of release and tax certificate.
The guy there told me it was "probably ok" and they would let me know if they needed to see anything else, but they gave me the extension without asking for any more documents, so it is possible. |
|
| Back to top |
|
|
G Cthulhu
Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.
|
| Posted: Fri May 23, 2008 1:34 am Post subject: |
|
|
| Glenski wrote: |
Oh, by the way, your current boss is obligated by law to give you a formal letter of release so that you can change visa sponsors. A REAL law! |
The first part is true. The second part is not.
Once you're in country with a SOR then sponsorship isn't a question. Sponsorship only happens when you're applying for a COE in order to get a visa in the first place. |
|
| Back to top |
|
|
starteacher
Joined: 25 Feb 2009
Posts: 237
|
| Posted: Wed Mar 18, 2009 1:51 pm Post subject: |
|
|
Last edited by starteacher on Wed Mar 28, 2012 10:30 am; edited 1 time in total |
|
| Back to top |
|
|
fluffyhamster
Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again
|
| Posted: Wed Mar 18, 2009 7:59 pm Post subject: |
|
|
| Bit of an old thread to resurrect, but worth it - that was a good joke, Starteacher! (I enjoyed it, anyway!). |
|
| 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
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
