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Interac: breaking the law by prorating my April/March pay...
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zues



Joined: 24 Mar 2013
Posts: 32

PostPosted: Thu Jun 19, 2014 11:28 am    Post subject: Interac: breaking the law by prorating my April/March pay... Reply with quote

... because it's not in my contract.

Upon close review, my contract states, ALL months are paid at xxx,xxx. The only exceptions, in writing, are August and December. These two months are clearly spelled out as being given reduced pay.

There is nothing in the contract stating April/March are reduced (prorated). Nothing. I am being docked a substantial amount for these two months with zero rationale or explanation. Regardless of what is practiced, it's what is in the contract that matters. And regardless of what the contract dates are. Again, every month is the same pay except August and December.

Have any of you pushed this matter with Interac or with the proper authorities? Where might we go to enforce this breach of contract? (i.e. government agency, not paid for gaijin assistance). Would be great to file a class action or its Japanese equivalent.

I am saving my pay summaries for these months and will pursue this to get back the roughly $2,000 US I am being docked.
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Rooster.



Joined: 13 Mar 2012
Posts: 247

PostPosted: Thu Jun 19, 2014 11:57 am    Post subject: Reply with quote

I wouldn't wait to talk to someone about it, though. Even if you wait until the end of your contract to take action, you should still inform whoever you want to help you now.
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nightsintodreams



Joined: 18 May 2010
Posts: 558

PostPosted: Thu Jun 19, 2014 12:30 pm    Post subject: Reply with quote

I'm fairly sure the Interac lawyers know what they're doing with their contracts. The start and finish dates are quite clear.
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zues



Joined: 24 Mar 2013
Posts: 32

PostPosted: Thu Jun 19, 2014 1:05 pm    Post subject: Reply with quote

[nightsintodreams]I'm fairly sure the Interac lawyers know what they're doing with their contracts. The start and finish dates are quite clear.[/quote]

Not the dates. The pay.... Did you read what I wrote? Re-read it so you can move past "fairly sure". And no they don't, or they would have covered this....
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rtm



Joined: 13 Apr 2007
Posts: 1003
Location: US

PostPosted: Thu Jun 19, 2014 1:28 pm    Post subject: Re: Interac: breaking the law by prorating my April/March pa Reply with quote

zues wrote:
Have any of you pushed this matter with Interac or with the proper authorities? Where might we go to enforce this breach of contract? (i.e. government agency, not paid for gaijin assistance). Would be great to file a class action or its Japanese equivalent.

Why not bring that up to your supervisor/manager and see what their response is? I'd start there before filing a class action lawsuit.
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Thu Jun 19, 2014 1:29 pm    Post subject: Reply with quote

Is your "definitive" contract in English or in Japanese?
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kah5217



Joined: 29 Sep 2012
Posts: 270
Location: Ibaraki

PostPosted: Thu Jun 19, 2014 9:58 pm    Post subject: Reply with quote

It is shady, as we weren't told anything before coming over. I even remember asking during the interview if we were on call for the 2 reduced months and they said not at all. Uh huh, sure.
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rxk22



Joined: 19 May 2010
Posts: 1629

PostPosted: Thu Jun 19, 2014 10:27 pm    Post subject: Reply with quote

kah5217 wrote:
It is shady, as we weren't told anything before coming over. I even remember asking during the interview if we were on call for the 2 reduced months and they said not at all. Uh huh, sure.


Yeah, I wonder how airtight the Interac contract is?
As it is in English, the one that you sign.
I would love to see the union make Interac change the contract's wording.
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nightsintodreams



Joined: 18 May 2010
Posts: 558

PostPosted: Thu Jun 19, 2014 10:37 pm    Post subject: Reply with quote

Interac employees sign two contracts; one in Japanese and one in English.
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Pitarou



Joined: 16 Nov 2009
Posts: 1116
Location: Narita, Japan

PostPosted: Thu Jun 19, 2014 11:06 pm    Post subject: Reply with quote

nightsintodreams wrote:
Interac employees sign two contracts; one in Japanese and one in English.

My guess is that there is a clause in the English contract that says something like: "This translation is for your guidance only. The Japanese language version is to the authoritative contract."

Can anyone confirm or refute this?
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Maitoshi



Joined: 04 May 2014
Posts: 718
Location: 何処でも

PostPosted: Fri Jun 20, 2014 12:09 am    Post subject: Reply with quote

Pitarou wrote:
nightsintodreams wrote:
Interac employees sign two contracts; one in Japanese and one in English.

My guess is that there is a clause in the English contract that says something like: "This translation is for your guidance only. The Japanese language version is to the authoritative contract."

Can anyone confirm or refute this?


Either way, isn't the Japanese language contract the "real" contract under Japanese law, regardless of the English version?
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marley'sghost



Joined: 04 Oct 2010
Posts: 255

PostPosted: Fri Jun 20, 2014 2:16 am    Post subject: Reply with quote

sorry double post

Last edited by marley'sghost on Fri Jun 20, 2014 2:18 am; edited 1 time in total
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marley'sghost



Joined: 04 Oct 2010
Posts: 255

PostPosted: Fri Jun 20, 2014 2:17 am    Post subject: Reply with quote

Pitarou wrote:
nightsintodreams wrote:
Interac employees sign two contracts; one in Japanese and one in English.

My guess is that there is a clause in the English contract that says something like: "This translation is for your guidance only. The Japanese language version is to the authoritative contract."

Can anyone confirm or refute this?


I've never seen or signed a Japanese version of my contract. I can't remember is there is a clause about a Japanese version that is the official one. Will give that a look tonight.

@Zues- I feel your pain, but while I'm pretty sure the April/March cut is not specifically spelled out in the contract, the situation would fall under prorating in general. Again, I'll give my contract a look and see what it says exactly.
The Interac contracts have gotten a lot tighter over the years. The didn't use to prorate April and March. But as municipalities are broke, the competition fierce, the contracts generally go to the lowest bidder and every ichi-en that they pay us is an ichi-en less profit. They are trying to find any and every way to shave us.
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zues



Joined: 24 Mar 2013
Posts: 32

PostPosted: Fri Jun 20, 2014 2:32 am    Post subject: Reply with quote

To clarify some points:

1) Only an English contract was signed by me and Interac and that's all that matters. If you also signed a Japanese contract, you probably have no chance.

2) I asked why these months are being prorated, as its not in my contract as such, and got no response. surprised?

3) Be weary of people here suggesting things as they may possibly be your loser boss

4) Build your case and nail these losers when you separate. Keep your March & April Pay summaries! The job is too easy to make a fuss while you have it! They get what they pay for and that aint much!

5) Power in numbers. Share your experiences here so we can get an idea of just how rampant this is.

Marley's Ghost: You threw in the towel long ago. It's exactly this thinking we need to change to create change.. everyone assumes these are prorated. No one questions why it's not in the contract.
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Utopianbeauty



Joined: 28 Feb 2014
Posts: 6

PostPosted: Fri Jun 20, 2014 3:11 am    Post subject: Reply with quote

It is mentioned on their website that March/April are prorated so I'm assuming that they would have found some way to include it into the contract as well.
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