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mushroomyakuza
Joined: 17 Sep 2009
Posts: 140
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 Posted: Mon Mar 15, 2010 11:23 am Post subject: VISA and employer |
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Just so we're clear - once you have a working visa, it's yours, and your company CANNOT revoke your visa, even if they threaten to do so should you leave their employ. Is this correct?
It certainly seems to be the chatter on the forums. I'm aware this is mentioned in some other threads but it's buried under other issues and is not immediately clear by the topic title, unlike this one.
Basically, I'm checking that your visa is yours, no matter what, and your company cannot take it away from you or do anything about it should you decide to leave their employ? Glenski, Aspara and other experts, your counsel would be welcome here.
What's the government's attitude towards your having a working visa, but not working? I have no intention of doing this, but just want to know if the extremely dire circumstance of not having a job and looking for one.
Thanks in advance.
Last edited by mushroomyakuza on Mon Mar 15, 2010 12:21 pm; edited 1 time in total |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Mon Mar 15, 2010 11:57 am Post subject: Re: VISA and employer |
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| mushroomyakuza wrote: |
| Just so we're clear - once you have a working VISA, it's yours, and your company CANNOT revoke your visa, even if they threaten to do so should you leave their employ. Is this correct? |
Correct (except that you should write it as visa, not VISA, to avoid confusion with the credit card).
The company can stop sponsoring you, but you'd want that to happen when you leave their employ anyway. Only immigration can issue the visa, and only immigration can take it away. The employer only sponsors it and hires/fires you.
| Quote: |
| What's the government's attitude towards your having a working visa, but not working? |
Officially, you have 3 months to get a new job/sponsor. (See Q17 in this link from the immigration web site):
http://www.immi-moj.go.jp/english/tetuduki/zairyuu/qa.html
In practice, if you are quiet about it, they don't bother you. But 3 months is plenty of time to get another job, IMO. |
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mushroomyakuza
Joined: 17 Sep 2009
Posts: 140
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| Posted: Mon Mar 15, 2010 12:17 pm Post subject: |
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Glenski, thanks a million. Just good to know in case of...well, anything. Some of us are going to employers who have dubious reputations and have been known to threaten taking our visa away should we leave, so it's always reassuring to know this.
However, is there anywhere online where I could find some kind of official corroboration? IN the event that I need it, to contest it with an employer? |
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Bread
Joined: 24 May 2009
Posts: 318
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| Posted: Mon Mar 15, 2010 12:26 pm Post subject: |
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| mushroomyakuza wrote: |
Glenski, thanks a million. Just good to know in case of...well, anything. Some of us are going to employers who have dubious reputations and have been known to threaten taking our visa away should we leave, so it's always reassuring to know this.
However, is there anywhere online where I could find some kind of official corroboration? IN the event that I need it, to contest it with an employer? |
Honestly, there should be no need to contest this. Every employer knows that they can't take away your visa, and if they tell you that they can, they are not misinformed. They're just flat-out lying to you. Much better to just give your notice and get out of there. If they persist, maybe ask for the threat in writing, as "official notice."  |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Mon Mar 15, 2010 2:35 pm Post subject: |
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Give them the number of the union (www.generalunion.org) or the labor standards office near you, or immigration itself.
You are being bullied. |
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G Cthulhu
Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.
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| Posted: Mon Mar 15, 2010 7:20 pm Post subject: |
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| mushroomyakuza wrote: |
However, is there anywhere online where I could find some kind of official corroboration? IN the event that I need it, to contest it with an employer? |
Why would you even bother contesting it with an employer? Never get into an argument with an employer. Simply tell them to take it up with the Labour Standards Board and Immigration if they have a problem with you leaving. EOFS. Japan actually has pretty decent and clear rules in this area. Unlike 3rd world countries like Korea.   |
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kokujin
Joined: 03 Mar 2010
Posts: 18
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| Posted: Tue Mar 16, 2010 7:05 am Post subject: |
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[quote="G Cthulhu"]
| mushroomyakuza wrote: |
Unlike 3rd world countries like Korea. |
Sorry to be off topic but I just wanted to say I resent that. |
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mushroomyakuza
Joined: 17 Sep 2009
Posts: 140
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| Posted: Tue Mar 16, 2010 10:49 am Post subject: |
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| Glenski wrote: |
Give them the number of the union (www.generalunion.org) or the labor standards office near you, or immigration itself.
You are being bullied. |
Not yet Glenski - I'm merely anticipating it. Thanks for the advice. |
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G Cthulhu
Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.
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| Posted: Wed Mar 17, 2010 3:30 am Post subject: |
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[quote="kokujin"]
| G Cthulhu wrote: |
| mushroomyakuza wrote: |
Unlike 3rd world countries like Korea. |
Sorry to be off topic but I just wanted to say I resent that. |
Thank you for sharing. I hope (sincerely) that you enjoy your opinion of Korea as much as I enjoy mine.  |
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Pitarou
Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan
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| Posted: Wed Mar 17, 2010 7:48 am Post subject: |
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| mushroomyakuza wrote: |
| However, is there anywhere online where I could find some kind of official corroboration? IN the event that I need it, to contest it with an employer? |
Why do you need to contest it? Just call their bluff!
Anyway, for a reliable source, how about the bilingual Handbook for Newcomers, Migrants and Immigrants to Japan by Arudou Debito and Higuchi Akira. Higuchi is a "certified Administrative Solicitor who specializes in Visa/Immigration and related business matters". PM me if you want to borrow my copy.
Your visa allows you to undertake a certain kind of activity. If it doesn't name your employer then it doesn't matter who you work for. Just be careful if your new job differs significantly from your old one, because you might be straying outside the activities permitted on by your visa.
The book gives the following legal advice:
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| to avoid any troubles (such as the job falls into a different category, or does not fall into any category from Immigration's viewpoint), we recommend that you apply for a "Certificate of Authorized Employment" (shuuro shikaku shoumeisho) for your new job. This is an endorsement by Immigration that your new job falls in the same category of your current status. |
I'm sure a lot of folks on this forum would tell you that's overkill if you're just switching from one eikaiwa to another. |
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