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king kakipi
Joined: 16 Feb 2004 Posts: 353 Location: Australia
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Posted: Sun Feb 22, 2004 8:51 am Post subject: `Exclusivity`in a contact? |
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Hello Wise Ones in The East
I am coming to Japan in two weeks on a spouse visa. I have been doing a bit of surfing around and noticed `exclusivity` being mentioned. I have made direct contact with one of the BIG 4 to clarify this and have been told that, despite them not having to sponsor me due to my having my own visa, they still "demand" exclusivity, and a minimum one year contract. They also reiterated that I couldn`t do any private work at all.
I have been reading the posts on this site for the last couple of months and there are obviously some knowledgeable people out there . What do you reckon re `exclusitivity` and `one -year contract`; they both seem to be justified because of visa sponsorship, but I have my spouse visa that allows me to work legally anyway.
Any info would be appreciated.
Thanks in anticipation..................... |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sun Feb 22, 2004 9:00 am Post subject: Re: `Exclusivity`in a contact? |
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king kakipi wrote: |
Hello Wise Ones in The East
I am coming to Japan in two weeks on a spouse visa. I have been doing a bit of surfing around and noticed `exclusivity` being mentioned. I have made direct contact with one of the BIG 4 to clarify this and have been told that, despite them not having to sponsor me due to my having my own visa, they still "demand" exclusivity, and a minimum one year contract. They also reiterated that I couldn`t do any private work at all.
Any info would be appreciated.
Thanks in anticipation..................... |
Some schools put that in their contracty about no privates because what they dont want you doing in siphoning off your students from your school to teach at home. Essentially what you do in your free time when you are not etaching for your company is YOUR business and they can not tell you what you can do in your off-hours. To my knowledge no one has been fired or disciplined for teaching privates, unless they are stealing students.
Anyway, this is unenforceable as teaching privates is legal in Japan, but not in Korea.
I would just go along with it, and once you get the job you can teach privates but be discreet about it. Some school managers will turn a blind eye to it, others may get a bit anal, but in fact there is very little they can do about it.
The year long contract is because that is how long most sponsored work visas are, and it gives them an escape clause if you are deemed incompetent or unsuitable. They can always renew your contract if there are no problems, even with a spouse visa. (I might mention that some people consider a spouse visa to be a 'gold card' for someone without a degree but some schools also will not hire you even on a spouse visa, unless you have a degree. You must have the qualifications they are looking for, and a spouse visa is not always a 'get out of jail free' card.) |
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king kakipi
Joined: 16 Feb 2004 Posts: 353 Location: Australia
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Posted: Sun Feb 22, 2004 10:14 am Post subject: exclusivity in a contract |
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Thanks Paul H
I also have a degree and I am a UK qualified teacher with 10 years` experience. I just don`t have any experience in Japan and don`t want to sign `up` for anything that restricts me too much (ie limits my potential income)
Cheers for the reply  |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sun Feb 22, 2004 11:07 am Post subject: Re: exclusivity in a contract |
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king kakipi wrote: |
Thanks Paul H
I also have a degree and I am a UK qualified teacher with 10 years` experience. I just don`t have any experience in Japan and don`t want to sign `up` for anything that restricts me too much (ie limits my potential income)
Cheers for the reply  |
You will probably get a number of responses apart from mine but i wouldnt worry too much. The salaries at the large language schools are euphemistically called 'competitive' (which means they all pay the same as each other and compete for teachers) at about 250,000 yen a month or a little more if you are in an urban area.
Once you have been here and developed some experience and contacts (which is where jobs are to be found) you can make much more than the standard, but as recent posts have indicated, you can end up working 12 hour days, 7 days a week, doing nothing but teaching English and going from one 'gig' to the other. Not much of a life, if you ask me, even if you are making 400,000 or more a month.
If you are applying from outside the country you are obviously restricted for choices outside the big schools, but I dont think they worry too much about what you do, once you have done your shift and clocked out for the evening. Maybe its just me, I can think of better things to do than teach privates after a tiring 8-hour shift though and work weekends and evenings etc in my time off. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Sun Feb 22, 2004 11:26 pm Post subject: |
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With that much experience teaching, NOVA will be a severe step down. Be prepared for this. I suggest using them as a stepping stone after a year to get into a high school position.
Or just come on your spouse visa and string together as many part-time positions as you can handle. You'll probably make more money that way, and there seems to be a lot of PT work available now. You'll just have to contend with going to more than one place of business and handling a variety of work formats. |
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ryuro
Joined: 22 Apr 2003 Posts: 91
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Posted: Mon Feb 23, 2004 10:33 am Post subject: |
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Howdy,
While most everything people have said here is true, it's not entirely true that what you do in your time is entirely YOUR business alone. When what one does in their free-time compromises an employer's business or reputation, then what happens in one's free-time can indeed become the company's business.
"Exclusivity" or "non-compete" clauses as they're sometimes called are perfectly legal and, in fact, are quite common in both Japan and the U.S. (where I hail from).
They're usually included in contracts here in Japan, as I think PAULH mentioned, to keep an employee from siphoning off business from their employer (whether they are your visa sponsor or not).
Again, such clauses among others are perfectly legal and often they are designed to safe-guard an employer's reputation and client base from negative employee actions whether during company time or free-time.
Their enforcability, however, is an entirely different matter and although they are perfectly legal and company's would have every right to take disciplinary action against employees/workers who violated such clauses, I've known NO ONE who's been 'busted' for doing privates or other work on the side. Bascially as most everyone has said here, be discreet and don't poach students from an employer and you'll have no problems.
I really don't want to freak-out any newbies - it's totally acceptable and easy to do privates even with an exclusivity clause (remember discretion), however, from the posts I've read in reference to this subject, I think some would have it appear that companies are trying to do something illegal by including such clauses- not the case.
Anyway, good luck!
ryuro |
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king kakipi
Joined: 16 Feb 2004 Posts: 353 Location: Australia
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Posted: Thu Feb 26, 2004 6:36 am Post subject: Exclusivity in a contract |
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Thanks for the replies.
I shall be discreet if/when I get a private student. In the meantime, my first aim shall be to get full (ish) (not foolish...) time work and take it from there. And yes, after working 40+ hours a week for a langauge school I may not want to pick up any privates anyway; maybe I'll just get the wife to work a bit harder/longer................
King Kakipi |
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ScottishMike
Joined: 21 Sep 2003 Posts: 45
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Posted: Fri Feb 27, 2004 6:42 am Post subject: |
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you might get busted. It IS possible, but just be careful and you won`t.
With your experience the big schools will expect you to be looking for privates.
It`s possible to get a part-time contract, given your visa. It can be written into ANY contract (FT/PT) that you can teach on the side, but it`s up to you to negotiate it.
Bear in mind that the fact you have experience will NOT be a persuading factor for the big schools.
(I`m surprised they hired you with that much experience)
(That`s actually a compliment, though it may not sound like one) |
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