Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

What to do about a miserable contract?

 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Japan
View previous topic :: View next topic  
Author Message
whatthefunk



Joined: 05 Aug 2003
Posts: 130
Location: Japan

PostPosted: Fri May 13, 2011 9:06 am    Post subject: What to do about a miserable contract? Reply with quote

Hi all,

My job has gone from bad to worse. Among the various laws that they are currently breaking:

1. I teach 40 hours a week (yeah, frickin sucks) but they dont pay my health insurance. My understanding is that if work more than 30 hours a week they are supposed to pay half of it.
2. Some days I teach 9 hours a day. Labor laws state that anything over 8 hours a day requires overtime pay.
3. My contract does not specify work hours.
4. My contract threatens to blacklist me if I cause waves.
5. Im expected to stay in the school during my breaks.
6. No paid holidays or sick days.

Is there anything I can do?
(Please spare me the 'why the hell did you sign that contract?' type comments...I was between a rock and a hard place and the job market is not exactly good right now.)

Thanks
Back to top
View user's profile Send private message
flyer



Joined: 16 May 2003
Posts: 539
Location: Sapporo Japan

PostPosted: Fri May 13, 2011 10:20 am    Post subject: Reply with quote

Q U I T
Back to top
View user's profile Send private message
Glenski



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

PostPosted: Fri May 13, 2011 11:35 am    Post subject: Reply with quote

I will not belabor the point that you should never have signed such a contract in the first place. Let that stand merely as a warning to others.

In your case, have you first tried to discuss the issues with your boss? If you got no satisfaction, then your next best recourse is to go to the nearest Labor Standards Office.
http://letsjapan.org/wiki/List_of_Labor_Standards_Offices_(LSO)_in_Japan
http://nambufwc.org/info/utu/UTU.Info%5B2ndEd.2%5D.pdf

You might also consider joining the General Union (www.generalunion.org) or asking their advice.

By the way, nobody gets official sick days in Japan. You have to take paid vacation days for that.
Being told to remain in the school is unfriendly, but it doesn't break any laws that I know of. Pack a lunch.
No paid holidays? None???????? They are not obligated to pay for national holidays, if that's what you mean.
Back to top
View user's profile Send private message
sabina



Joined: 11 Nov 2010
Posts: 75

PostPosted: Fri May 13, 2011 12:28 pm    Post subject: Reply with quote

Are you teaching for the full 40 hours? Do you have office hours, too?
I don't know if I am 100% correct on this but I think if your school has 5 employees or less they don't have to pay half your health insurance.
Sad
Back to top
View user's profile Send private message
Glenski



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

PostPosted: Fri May 13, 2011 2:12 pm    Post subject: Reply with quote

sabina wrote:
Are you teaching for the full 40 hours? Do you have office hours, too?
I don't know if I am 100% correct on this but I think if your school has 5 employees or less they don't have to pay half your health insurance.
Sad
From the Japan SIA site:

Compulsory Coverage

You must be covered by the Employees� Health Insurance if you work for a company or factory which employs 5 workers or more, or if you work for a HOJIN corporation, irrespective of your age or nationality. Specifically, a company or a factory here means one in business specified by law, such as manufacture or health and medical services.
You must be also covered if you are a part-time worker and if both your work days and your work hours are more than 3/4 of the regular workers in your workplace.

http://www.sia.go.jp/e/ehi.html
Back to top
View user's profile Send private message
G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Fri May 13, 2011 3:14 pm    Post subject: Re: What to do about a miserable contract? Reply with quote

Time to visit the local Labour Standards office with contract in hand, and a series of pointed questions referencing labour law.

Find another job, lawyer up, and sue them out of existence. Seriously, I would view it as a moral duty.
Back to top
View user's profile Send private message
Denizen



Joined: 13 Nov 2009
Posts: 110
Location: Tohoku

PostPosted: Sat May 14, 2011 2:58 pm    Post subject: Reply with quote

How long have you been at this position, meaning how much of the contract have you fulfilled? (If your work visa is still in effect for some time, you may be more attractive at being hired elsewhere.)

I concur with Glenski that you should first try to (humbly) communicate your frustrations with your supervisor. If you find you get nowhere, then start lining up some other work, even temporarily at an Eikaiwa and put in your one month notice to the school in writing, also expressing in the letter the effort you made to remedy the situation with your super. Keep a copy of this letter (along with your contract) in case you need to show it to a union representative or government official, should you be 'blacklisted' (which I think is simply a scare tactic to keep you in line).
Back to top
View user's profile Send private message
whatthefunk



Joined: 05 Aug 2003
Posts: 130
Location: Japan

PostPosted: Sun May 15, 2011 4:38 am    Post subject: Reply with quote

Man, I would love to quit, but there are zero jobs at the moment in my area.

Yes, Sabina, I teach the full 40 hours. I dont have office hours and do no prep, which makes the teaching all that more difficult. To me its a pretty stupid way to operate a school. My lessons would be a hell of a lot better with reduced teaching time and a few office hours a week. I guess that would cost them money though...

Glenski - Actually, being told to remain in the school during long break periods is against the law. And no, not a single paid holiday. I would love to pack a lunch, but the job, with the commute time and the annoying 2 hour break between shifts, takes up 11 to 14 hours a day. I dont have time to make lunch...or any other meal.

Guess Ill just have to keep my eyes open for a new position.....

Thanks all.
Back to top
View user's profile Send private message
sabina



Joined: 11 Nov 2010
Posts: 75

PostPosted: Sun May 15, 2011 7:11 pm    Post subject: Reply with quote

Are you female? (possible job recommendation....but they only want ladies)
Back to top
View user's profile Send private message
sabina



Joined: 11 Nov 2010
Posts: 75

PostPosted: Sun May 15, 2011 7:13 pm    Post subject: Reply with quote

uuuh teaching job. sorry. that last post sounded kind of creepy.
Back to top
View user's profile Send private message
Glenski



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

PostPosted: Sun May 15, 2011 9:52 pm    Post subject: Reply with quote

whatthefunk wrote:
Glenski - Actually, being told to remain in the school during long break periods is against the law.
Just for reference, can you cite a link or some other official source for that?

Quote:
And no, not a single paid holiday.
Labor laws state that after 6 months of FT work, you are obligated to get 10 days of paid vacation per the next 12 months and thereafter per year, with a certain number of days added to that depending on how long you are there.
(Annual Paid Leave)
Article 39. An employer shall grant annual paid leave
of 10 working days, either consecutive or divided into
portions, to workers who have been employed continuously
for 6 months calculated from the day of their being hired
and who have reported for work on at least 80 percent of the
total working days.

http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
This is only the first paragraph of a long article 39. There's a nice table, too.

Quote:
I would love to pack a lunch, but the job, with the commute time and the annoying 2 hour break between shifts, takes up 11 to 14 hours a day. I dont have time to make lunch...or any other meal.
You don't have time to make something at home to take with you? Hard to imagine...

Please let us know what becomes of your visit to the Labour Standards Office if it comes to that. Since you are physically in the classroom 40 hours per week, they are clearly breaking the law when it comes to shakai hoken. How big an outfit are they (FT staff)?
Back to top
View user's profile Send private message
Ikki



Joined: 31 Jan 2011
Posts: 58

PostPosted: Mon May 16, 2011 7:22 am    Post subject: Reply with quote

Man, that sucks big time. They'd have to pay me a crapload to have that workload. Goes to show just how bad the job market has become.

Definitely agree with the idea of going to the labour board but don't hold your breath. You might just have to find a better gig but yeah, it's grim out there.

Funk, aren't you an old Korea hand? Hate to say it but you might be better off returning there if you keep getting the shaft from your school.
Back to top
View user's profile Send private message
rxk22



Joined: 19 May 2010
Posts: 1629

PostPosted: Tue May 17, 2011 12:40 am    Post subject: Reply with quote

QUIT! There is no reason to stay with a company that treats you like dirt. Find something, and find it now. I too worked for a bad eikaiwa, and the contract and the reality were not even close, so when I found a new job, I rolled out.
Back to top
View user's profile Send private message
yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Sun Jun 26, 2011 5:03 am    Post subject: Re: What to do about a miserable contract? Reply with quote

whatthefunk wrote:
Is there anything I can do?

Don't quit. Quitting won't help you or the next person who is hired there.

Join the union, organize your workplace and then negotiate with your employer for better conditions for you and your coworkers.

http://tokyogeneralunion.org
Back to top
View user's profile Send private message
-chris



Joined: 09 May 2011
Posts: 17

PostPosted: Tue Jun 28, 2011 12:07 pm    Post subject: Reply with quote

flyer wrote:
Q U I T


I second that!
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Japan All times are GMT
Page 1 of 1

 
Jump to:  
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

Teaching Jobs in China
Teaching Jobs in China