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A Quick Question
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starteacher



Joined: 25 Feb 2009
Posts: 237

PostPosted: Wed Mar 03, 2010 2:13 pm    Post subject: Reply with quote

Quote:
Is that friend working in Japan, or is that news from overseas? I suspect the latter.
Glenski, your suspicions are wrong.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Wed Mar 03, 2010 9:51 pm    Post subject: Reply with quote

ok, starteacher, but as long as one has a reasonable explanation for the gaps in work history or for short jobs, I'd hire the person if all other things are positive.
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Tue Mar 16, 2010 12:22 am    Post subject: Reply with quote

OK, so I decided to post some more information about the school I'm working at. I would like some honest feedback about it. I want to know if these things are bad or if I am overreacting. I appreciate all comments. I will not disclose the name of the school.

Here we go:

First, they send me pictures of this really nice apartment with clean walls, new furniture, and new tatami. Once I get there, I find the opposite. This place looks like it hasn't been cleaned in years. There is filth caked on the walls, dirt everywhere, the tatami is old and covered by mats, and the furniture has gone to crap. The previous people have left their junk here. This includes: old food that is way past expiration, a seat from a car, stacks and stacks of old newspapers and worksheets, random weights, broken curling irons, half used cosmetics, so many dishes that there is no room in the kitchen, etc. I am told that I can't throw it away because it is company property. They won't take it from here and I barely have any closet space now. It took me literally 3 days to sort through and "organize" the mess.

When I interviewed with them, they told me that rent was $500 a month. Once I get here, it suddenly changes to $520 a month. I was also told that I would get a car to use for free so that I could drive to the different job sites. All gas up to a certain number of gallons would be covered. I am then told that I would have to pay $50 a month to use the car for personal reasons. OK, no problem. I don't need to use the car for personal reasons so I shouldn't have to pay right? Nope. It is taken out of my paycheck monthly.

I was told that I would have steady hours and that I would have to work afternoons and evenings. Of course this is false too. On Tuesday I work from 9:30 - 11:30 and then from 3:20 - 9:20 and on Wednesday I work from 11:20 - 1:00 and then from 2:00 to 9:20. My other days are similar, but not as bad as these two. At first it didn't bother me, but now they want me to work at this company at 8:00 am on Thursday, but it is far away, so I have to leave at 6:45 am. This means I have to get up at 5:45 am after getting home at 9:50 on Wednesday night.

I would love to know what everyone thinks. I would go and find a new job, but since most jobs start in April, finding a job and giving sufficient notice would be next to impossible.
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Cool Teacher



Joined: 18 May 2009
Posts: 930
Location: Here, There and Everywhere! :D

PostPosted: Tue Mar 16, 2010 12:32 am    Post subject: Reply with quote

Do you still have the pictures?
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Mar 16, 2010 12:57 am    Post subject: Reply with quote

midnightpariah,
If you have any of their initial promises and claims in writing, just quit. They have obviously lied to you. Find a job right now (!) and go. They will not do anything except perhaps lie and bully you into staying or try to pay fines.

Legally, any apartment that changes renters must be cleaned, and it is standard practice to replace the tatami. There's one civil code broken. As for all the junk the previous tenant left behind, put it in shopping bags and gradually bring it to work, saying you have no space for it and you don't need the stuff, so you would like the COMPANY to take back ITS STUFF.

They changed the hours. Did you sign a contract attesting to the original hours? If so, the contract is now invalid. In fact, any illegal clause makes it so.
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Tue Mar 16, 2010 1:33 am    Post subject: Reply with quote

CoolTeacher:

I do still have the pictures.

Glenski:

Here is a copy of the contract. I have edited out the name of the school and my name only.

Articles of Employment


Contract of employment between midnightpariah (herein called the teacher) and School. As of November 17th 2009 until May 17th 2011 the teacher agrees to provide the following services for due compensation:

1) Contract payment is based on twenty-eight hours of classroom English
Conversation per scheduled week in duly appropriated
School English classes.

2) Teach only in the service of School for the duration of
this contract.

3) Prepare thoroughly and professionally for said classes and participate in
teachers meetings and occasional school activities.

4) Arrive at least 20 minutes before the start of each class.


and students, dress properly and represent School in
good faith at all times.

6) Follow the teacher`s manual except in special cases which should be
discussed with the director and/or manager of the school.

7) Ask for advice from the manager or director when encountering problems.

Cool Periodically record and report on what you have been teaching , problems
you have encountered and how they were dealt with, etc.


School will provide the following compensations for the aforementioned services:

1) 250000 Yen per month for twenty-eight hours of teaching per week plus
preparation time. Salary is administered at the end of the month.

2) Any hours taught that exceed the weekly 28 hours standard shall be compensated for at
the rate of 2500 Yen per hour.

3) The teacher`s salary is based on a monthly schedule spread over no more than 27
working days. Yearly holidays include three one-week paid vacations during New
Year`s, in May and in August plus ten national holidays.

4) An apartment will be provided by School and will be furnished with a
refrigerator , futon set, heated table, gas stove, kerosene heater, curtains , television,
washing machine, bicycle, internet connection, airconditioning and a telephone line.
The rent (approx. 50000 Yen/month) and all the utilities are the responsibility of the
teacher.


Terms of Employment


The eighteen month contract will be valid from November 17th 2009 until May 17th 2011. The teacher shall provide notice of renewal or termination of the contract at least three months in advance. School reserves the right to cancel this contract in the event of non-complicity of any of the aforementioned term of employment. Special emphasis is to placed on the professional attitude and good faith anticipated by the School of said teacher.






I, the undersigned, have read , understood and acknowledged agreement with all of the terms and conditions stated herein.






_________________________ _______________________


Date_____________________ Date____________________

Teacher School
Representative
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Tue Mar 16, 2010 1:47 am    Post subject: Reply with quote

Sorry for the double post but:

According to my contract, I get 10 national holidays off. Unfortunately for me I am off on Mondays and most of the national holidays fall on Monday. Are they required to give me another day off as compensation or am I just out of luck.

Also, do they have to give me sick days? I was sick last week (throwing up, sore throat, etc.) and the required me to go in because they didn't have anyone to cover.
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Cool Teacher



Joined: 18 May 2009
Posts: 930
Location: Here, There and Everywhere! :D

PostPosted: Tue Mar 16, 2010 1:57 am    Post subject: Reply with quote

midnightpariah wrote:
Sorry for the double post but:

According to my contract, I get 10 national holidays off. Unfortunately for me I am off on Mondays and most of the national holidays fall on Monday. Are they required to give me another day off as compensation or am I just out of luck.



No thats normal. Sad

Quote:
I do still have the pictures.


Then take picuteres of the room now so you have evidence that the school gave you a terrible room and what they promised.
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Cool Teacher



Joined: 18 May 2009
Posts: 930
Location: Here, There and Everywhere! :D

PostPosted: Tue Mar 16, 2010 1:58 am    Post subject: Reply with quote

I mean you have two different kinds of pictures. What they said your room is like. What the room is like.
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Tue Mar 16, 2010 2:52 am    Post subject: Reply with quote

Let's see.

You get paid 250,000 yen per month for 28 hours per week in the classroom plus an undetermined amount of prep time.

250,000 / 4 / 28 =2232 yen per hour (not including prep time, but let's go with this).

Overtime is by law supposed to be 1.25 - 1.5 times the regular hourly wage:
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
See Article 37 of the labor laws.

That means you should get
1.25 - 1.5 x 2232 = 2790-3348 yen/hour for OT
But the contract says only 2500 yen/hour.

Unless they can somehow provide an accurate determination of further time for your salary, this clause violates labor laws, and the contract is invalid.

If they say they are paying you for prep time, too, they have to determine exactly how much that is in order to calculate the 2500 figure. They haven't done that.

Quote:
Salary is administered at the end of the month.
Well, gee. The labor laws say:
"Wages shall be paid at least once a month at a definite date"
Article 24.2

So, there again, the contract violates labor law and is invalid.

Quote:
According to my contract, I get 10 national holidays off. Unfortunately for me I am off on Mondays and most of the national holidays fall on Monday. Are they required to give me another day off as compensation or am I just out of luck.
Nothing can be done about this one.

You said the rent was initially disclosed as $500 [sic] per month, but the contract says otherwise ("The rent (approx. 50000 Yen/month)"). It cannot be in US dollars, and the exchange rate varies hourly, so perhaps they initially told you a rough figure, and then later gave you the more accurate one. Can't help you there. Besides, this is cheap rent!

The contract says nothing about a car. This should be in there since it is an expense and a liability to both parties. Renegotiate or suffer.

Quote:
I don't need to use the car for personal reasons so I shouldn't have to pay right? Nope. It is taken out of my paycheck monthly.
What is being taken out? How much? This needs to be in your contract as a legitimate deduction of your salary, or once again, they violate labor laws and invalidate the contract.

Quote:
I was told that I would have steady hours and that I would have to work afternoons and evenings. Of course this is false too.
Yup, the contract says nothing about specifically when you are supposed to work. See labor law article 15:
(Clear Indication of Working Conditions)
Article 15. In concluding a labor contract, the
employer shall clearly indicate the wages, working hours
and other working conditions
to the worker. In this case,
matters concerning wages and working hours and other
matters stipulated by Ordinance of the Ministry of Health,
Labor and Welfare shall be clearly indicated in the manner
prescribed by Ordinance of the Ministry of Health, Labor
and Welfare.


You're being told that you have to show up 20 minutes before classes (presumably before the first class of the day, IMO), but are you getting paid for it? What is this for? I think the union should hear about this, because they dealt with similar matters with NOVA, and perhaps other eikaiwa. If you are required to be there, you should get paid for it, is what I think they said. Check. www.generalunion.org

Quote:
2) Teach only in the service of School for the duration of
this contract.
Sorry, but they cannot tell you what to do in your spare time. You (and they) can have any other PT work you/they like as long as it doesn't interfere with your main job. Invalid contract, or at least unenforceable clause.

Quote:
The teacher shall provide notice of renewal or termination of the contract at least three months in advance.
Unnecessary and far too long. They only have to give you 30 days. After a year, 2 weeks is sufficient. See the union for confirmation.

Quote:
School reserves the right to cancel this contract in the event of non-complicity of any of the aforementioned term of employment. Special emphasis is to placed on the professional attitude and good faith anticipated by the School of said teacher.
So if they think you have been "unprofessional" they reserve the right to fire you. Uh, no. You need to have proper due course of action to determine that, same as with any Japanese employee.

(Determination of Working Conditions)
Article 2. Working conditions should be determined
by the workers and employers on an equal basis.
2. The workers and employers shall observe collective
agreements, rules of employment and labor contracts, and
shall perform their respective duties faithfully.
(Equal Treatment)
Article 3. An employer shall not engage in
discriminatory treatment with regard to wages, working
hours or other working conditions by reason of the
nationality, creed or social status of any worker.


Quote:
do they have to give me sick days?
No. That is not normal for any Japanese worker either. You get no sick pay. It comes out of your paid vacation days.

And, yes, like Cool Teacher wrote, show the pictures to your boss and tell him there has been a terrible mistake, that you have gotten the wrong apartment! Smile

What ever made you sign such a contract?

Show this to the labor standards office if nothing else!
http://www.mhlw.go.jp/general/sosiki/chihou/index.html
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Tue Mar 16, 2010 3:16 am    Post subject: Reply with quote

Thank you again Glenski. Just to clarify:

Rent

The contract says 50000 yen a month but they are charging me 52000 a month. They say it is because my husband is living here too. They knew about his living with me from the very first phone interview, so they have no excuse for charging me more. I mean, 2000 yen a month isn't that big of a deal, but it is the fact that this wasn't disclosed.



Car

They take 5000 yen out of my salary a month for the use of the car. This was not disclosed beforehand and was mentioned after the fact. They said it was for using the car outside of work hours. The thing is I need the car to get to work. There are 3 different schools and 2 contracted companies that I go to. Only one of them is within biking distance. I sometimes stop at the grocery store or the Family Mart on the way home. I've gone to the mall (which is 10 mins by car) maybe twice. For everything else, I ride my bike or walk.



I feel like I am getting ripped off. I am paying an extra 7000 yen a month for nothing. That is an extra 84000 yen a year!
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