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chinagirl

Joined: 27 May 2003 Posts: 235 Location: United States
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Posted: Mon Mar 08, 2004 3:46 pm Post subject: minimum wage law |
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Hey guys, I know this has been brought up before, but I am unable to find the exact answer I need.
Where exactly are you all getting your information from regarding the so-called minimum wage of 250,000 for eikawa teachers?
I understand that immigration has set this as a minimum, yes? So how would a school be able to pay less?
I was recently sent to this page as proof of this law.
http://www.moj.go.jp/ENGLISH/IB/ib-19.html
Can anyone shed more light on this for me? |
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lajzar
Joined: 09 Feb 2003 Posts: 647 Location: Saitama-ken, Japan
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Posted: Mon Mar 08, 2004 10:06 pm Post subject: |
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Until a couple of years ago, the law was that 250k pcm was the minimum a company could pay and still sponsor a visa. Note that this meant that a copany could still pay less than that if you were already on a valid visa (perhaps on the 2nd year of a multi-year visa, or a spouse visa).
Recently, the law got changed, so there is no longer any particular minimum in any sense.
However, personally, I wouln't do the job for less than 250k pcm. The pay has been frozen for at least a decade, and there isn't any just reason it should actually go down. |
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chinagirl

Joined: 27 May 2003 Posts: 235 Location: United States
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Posted: Mon Mar 08, 2004 10:36 pm Post subject: but...do you have citations? |
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I would like to know if someone can show me this in print. Anyone? |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Mon Mar 08, 2004 10:54 pm Post subject: |
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I dont think you will find it written anywhere that a company is required by law to pay 250,000 yen a month in salary. This rule is more of an arbitrary guideline set by immigration when issuing visas.
Nowadays they are issuing visas to companies where the company is paying as low as 180,000 yen or 200,000 a month for full time teachers. Note in the regulation below that it says the company must pay no less than what they would pay a Japanese person. Seeing as there are no Japanese native speakers of English, they are free to pay what they would pay a non-native speaking teacher eg. a 23 year Japanese graduate who teaches English at a high school or a conversation school as a non-native speaking teacher.
The bar is being set lower as competition among schools increases for new teachers, new arrivals are willing to work more hours for less pay and workers entitlements are being stripped away.
Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act
(Ministry of Justice Ordinance No. 16 of May 24, 1990)
------------------------------------------------------------------------Status of
residence Criteria
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Investor/
Business
Manager 1. In cases where the applicant is to commence the operation of international trade or other business, the following conditions are to be fulfilled.
a. The facilities to be used as an office for the business concerned are located in Japan.
b. The business concerned is maintained in such a scale as to employ at least 2 full-time employees in Japan (excluding foreign nationals residing under the status of residence enlisted in Annexed Table 1 of the Immigration Control Act), in addition to those who operate and/or manage the business.
2. In cases where the applicant is to invest in international trade or other business and to operate or manage that business, or in cases where the applicant is to operate or manage international trade or other business on behalf of the foreign nationals (including foreign corporations; hereinafter in this section "foreign nationals" is to include "foreign corporations") or who has begun such an operation or has invested in such a business, the following conditions are to be fulfilled.
a. The office for the business concerned is located in Japan.
b. The business concerned is maintained with the scale of employing at least 2 full-time employees in Japan (excluding foreign nationals residing under the status of residence enlisted in Annexed Table 1 of the Immigration Control Act), in addition to those who operate and/or manage the business.
3. In case an applicant is to engage in the management of international trade or other business in Japan, he or she should have at least 3 years' experience in the operation and/or management of business (including the period during which the applicant studied business operation and management at Graduate School) and receive no less salary than a Japanese national would receive for comparable work.
------------------------------------------------------------------------
Legal/
Accounting
Services The applicant must engage in professions such as attorney ("Bengoshi"), judicial scrivener ("Shihoshoshi"), certified real estate assessor ("Tochikaokuchosashi"), attorney recognized as a foreign law specialist under the foreign lawyers' law ("Gaikokuhojimubengoshi"), certified public accountant ("Koninkaikeishi"), certified public accountant recognized as an accountant practicing foreign accounting under the Accountant Law ("Gaikokukoninkaikeishi"), certified tax specialist ("Zeirishi"), certified social insurance and labor specialist ("Shakaihoken romushi"), certified patent specialist ("Benrishi"), maritime procedure agent ("Kaijidairishi") and certified administrative procedures specialist ("Gyoseishoshi").
------------------------------------------------------------------------
Medical
Services 1. The applicant who will engage in professions such as medical doctor, dentist, pharmacist, public health nurse, midwife, registered nurse, assistant nurse, dental hygienist ("Shikaeiseishi"), X ray technician for medical examinations, physical therapist ("Rigakuryohoshi"), occupational therapist ("Sagyoryohoshi"), eye specialist ("Shinokunrenshi"), clinical technician ("Rinshokogakugishi") or artificial limb technician ("Gishisogushi") should receive no less salary than a Japanese national would receive for comparable work.
2. In cases where the applicant is to practice as a medical doctor or dentist, he or she must fall under one of the following categories.
a. A person who has graduated after completing a course of medical science or dentistry at a college in Japan, and who is to practice as a trainee, at a hospital attached to a college, a college faculty of medical science, a college faculty of dentistry or a research institutute of a faculty of medical science or dentistry, a hospital designated by the Minister of Health and Welfare in accordance with the provisions of Article 16-2, Paragraph 1 of the Doctors' Law (Law No. 201 of 1948) or Article 16-2, Paragraph 1 of the Dentist's Law (Law No. 202 of 1948), or at a hospital designated by the Minister of Justice in the Official Gazette as equivalent thereto, for a period not exceeding 6 years from the date of graduation.
b. A person who has graduated after completing a course of medical science or dentistry at a college in Japan, who falls under Article 41 or 42 of the Doctors' Law (Law No. 201 of 1948), or who falls under Article 42 or 43 of the Dentist Law (Law No. 202 of 1948), or who has a license valid in Japan as medical doctor or as dentist as of June 1, 1990, and who is to practice at a medical office, designated by the Minister of Justice in the Official Gazette, in an area where it is difficult to secure a medical doctor or dentist.
3. In cases where the applicant is to practice as public health nurse, midwife, nurse or assistant nurse, he or she may practice as trainee for a period not exceeding 4 years from the date of graduation and/or completion of the school or training institution provided for by the provisions of Article 1, Paragraph 1 of the Regulation designating the School and Training Institution for Public Health Nurses, Midwives, Registered Nurses or Assistant Nurses (Ministry of Education and Ministry of Health and Welfare Ordinance No. 1 of 1951).
4. In cases where the applicant is to practice as a pharmacist, dental hygienist, X ray technician for medical examinations, physical therapist ("Rigakuryohoshi"), occupational therapist ("Sagyoryohoshi"), eye specialist ("Shinokunrenshi"), clinical technician ("Rinshokogakugishi"), or artificial limb technician ("Gishisogushi"), he or she must be invited by a medical institution or pharmacy.
------------------------------------------------------------------------
Researcher
The following conditions are to be fulfilled, unless the applicant is to engage in research under a contract with the Government of Japan, a local government, a corporation established by law or a corporation designated by the Minister of Justice in the Official Gazette, which is managed by a fund allotted by the Government of Japan or a local government.
1. An applicant should have a master's degree or at least 3 years' research experience in the related research field (including experience at graduate school) after graduation from college (excluding graduation from community or junior college) or an equivalent institution or at least 10 years' research experience in the related research field (including research performed at college).
2. He or she should receive no less salary than a Japanese national would receive for comparable work.
------------------------------------------------------------------------
Instructor 1. In cases where the applicant is to engage in instruction at a vocational school ("Kakushugakko") or an educational institution equivalent to it in facilities and curriculum or in cases where the applicant is to engage in instruction at other school with a capacity other than a "teacher", the following conditions are to be fulfilled.
However (a) is to be fulfilled in cases where the applicant is to engage in instruction at a vocational school or an educational institution equivalent to it in facilities and curriculum which is established to give the children with the status of residence "Diplomat" or "Official" mentioned in Annexed Table 1 (1) or "Dependent" mentioned in Annexed Table 1 (4) education of primary, junior and senior high school in foreign language.
a. The applicant must have graduated from or completed a college or acquired equivalent education, or must hold a license to teach the subject that he or she intends to teach in Japan.
b. When the applicant is planning on teaching a foreign language, he or she must have acquired education in that language for at least 12 years. When the applicant is going to teach other subjects, he or she must have at least 5 years' teaching experience in that subject.
2. The applicant should receive no less salary than a Japanese national would receive for comparable work. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Mon Mar 08, 2004 11:39 pm Post subject: |
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lajzar wrote: |
However, personally, I wouln't do the job for less than 250k pcm. The pay has been frozen for at least a decade, and there isn't any just reason it should actually go down. |
he Immigration Department�fs relaxation of visa regulations has brought about new employment patterns in the language teaching industry. Employers have leapt at the opportunity these changes present, introducing working conditions that not so long ago would have been unbelievably bad. Conditions for those dispatched to business, university and school classes have all deteriorated.
Companies such as Westgate have been able to manipulate the system to their advantage; offering short-term contracts of 3-4 months duration at colleges and universities with immigration granting teachers 1-3 year visas. Teachers are denied paid leave during school vacations and are reliant upon whatever part-time work they can obtain just to survive. Another company, Ziac, dispatching to Board�fs of Education are paying teachers as little as 10,000 yen per day.
Teachers at ECC-Best Career are in a similar bind. Best Career has turned reasonably paid full-time positions at Osaka Board of Education into sub-standard jobs that do not allow teachers to meet their financial commitments. Publicly, the Board stated they were introducing a new kind of position � 3 days per week at 160,000 per month. This is far from the reality. ECC-Best Career only pays teachers for the time worked, leaving teachers unpaid throughout the long summer and winter vacations.
Dispatching denies teachers the stability of a regular monthly salary, and in the case of ECC-Best Career, teachers are left with salaries as low as 80,000 some months. Teachers are also denied basic working conditions such as paid preparation time, health, pension, and unemployment insurance.
Until recently, the majority of teachers were employed at one company with the occasional side-job. Today, it is not uncommon for teachers to rely upon multiple part-time employers for their livelihood. While this change has brought some benefits for teachers in flexibility, ultimately it has lead to the deterioration of working conditions and the quality of education across the industry.
Companies such as Interac, ALC, OTC, Time TI, and ILC, traditionally hired full-time teachers, mainly dispatching them to company classes. Rather than pay legally guaranteed working conditions to full-timers, these companies have been quick to take advantage of the changes in immigration rules. With a more disposable, part-time workforce available, these full-time positions are disappearing.
Paid annual leave is a major issue for many part-timers. While Labour Standards Law guarantees paid annual leave, many companies simply refuse to acknowledge this. Other companies, in an attempt to circumvent their legal obligations have established sub-contracting systems where it seems workers are not entitled to benefits as they are �gself-employed�h. In most cases this is incorrect and therefore illegal to classify them as subcontractors. If the company decides things such as the curriculum or textbook the teacher is indeed an employee and entitled to paid annual leave. |
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chinagirl

Joined: 27 May 2003 Posts: 235 Location: United States
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Posted: Tue Mar 09, 2004 3:02 am Post subject: thanks Paul |
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I've been corresponding with someone who disagrees with you - I'll try and get this person to post here. He says that there *is* a minimum wage.
ButI guess what you are saying, Paul, is that employers are finding ways to skirt the law's intent by hiring sub-contracted "dispach teachers."
A shame. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Tue Mar 09, 2004 8:48 am Post subject: |
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"ok question or three:
I believe there is a, department of immigration, legally defined minimum wage for those working under the visa categorys specialist in humanitarian studies. I believe it states that for full-time employees a minimum of 250,000/month is to be paid after deductions are taken into consideration.
Can anyone verify this and can they direct me to the relevant source?
How do I go about approaching the Tokyo Labor Standards Bureau regarding a contractual breach and disputed wage claim?
Eg Who do I call, telephone numbers, office address, rail line, station etc..:.
Here are some useful sites:
Tokyo Metropolitan Government. Click on the "Foreign workers" section and you'll get the English contact info for Labour Standards Offices throughout Tokyo.
http://www.sangyo-rodo.metro.tokyo.jp/forein/soudan.htm
This one seems to be quite informative too:
http://www.jil.go.jp/laborinfo-e.htm |
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