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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: Fri Jun 20, 2014 3:59 am    Post subject: Reply with quote

Can one person tell us where this is detailed in THE CONTRACT? That these two months are not full pay. We need proof.

For that to occur, you would need an actual contract (sorry armchair quarterbacks). Your friend told you so, you saw the website, and you assumed are not answers. Contract people.

I have a contract and have scoured it thoroughly. Nothing covers March / April as prorated or altered in any way from the normal monthly salary. It is not legalese either. It is very straight forward and easy to disseminate. Making it very easy to see what they mistakenly didn't detail.
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Maitoshi



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

PostPosted: Fri Jun 20, 2014 4:45 am    Post subject: Reply with quote

So basically, your reason for posting this thread was what, exactly?

If you weren't seeking others opinions on this matter, which is all you're going to get for free really, it's baffling that you would post.

If you want a legal opinion that you can rely upon, contact your union representative or pony up for a lawyer.

Armchair quarterback, bowing out.
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zues



Joined: 24 Mar 2013
Posts: 32

PostPosted: Fri Jun 20, 2014 5:27 am    Post subject: Reply with quote

Roger that... There is feedback and then there's feedback...
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Pitarou



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

PostPosted: Fri Jun 20, 2014 6:03 am    Post subject: Reply with quote

zues wrote:
Can one person tell us where this is detailed in THE CONTRACT?
We don't have THE CONTRACT. You do. If you want to move this discussion forwards, please share it with us. E.g. by scanning it, saving it to a public Dropbox folder, and posting the link here.

And by the way, the text of the contract is not the be-all and end-all of matters, especially in Japan.
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marley'sghost



Joined: 04 Oct 2010
Posts: 255

PostPosted: Fri Jun 20, 2014 11:00 am    Post subject: Reply with quote

zues wrote:
Can one person tell us where this is detailed in THE CONTRACT? That these two months are not full pay. We need proof.

For that to occur, you would need an actual contract (sorry armchair quarterbacks). Your friend told you so, you saw the website, and you assumed are not answers. Contract people.

I have a contract and have scoured it thoroughly. Nothing covers March / April as prorated or altered in any way from the normal monthly salary. It is not legalese either. It is very straight forward and easy to disseminate. Making it very easy to see what they mistakenly didn't detail.


Article 8 Line 1
......If the term of this contract commences on a day that is not the first working day of the month, or if the term of this contract ends....... on a day that is not the last working day of the month.............. the monthly salary will be pro-rated.

My contract dates are April 7 to March 25.

Sorry man. They do spell it out right there.

I'm pretty sure that everyone's contract reads the same. If not, and yours is different, go get 'em! Whip that sucker out and yell, "Gotcha!" Tell us how it turns out.
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zues



Joined: 24 Mar 2013
Posts: 32

PostPosted: Fri Jun 20, 2014 11:41 am    Post subject: Reply with quote

GAME OVER~!!

Back to being the mindless edutanor my $12 an hour average pay rate for the entire year merits. My school actually asked me to start solo-teaching. I think I verped.... before saying not a chance. Would need a solid 400,000 to take that on...

Thanks Marley's ghost...
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marley'sghost



Joined: 04 Oct 2010
Posts: 255

PostPosted: Fri Jun 20, 2014 10:22 pm    Post subject: Reply with quote

zues wrote:
GAME OVER~!!

Back to being the mindless edutanor my $12 an hour average pay rate for the entire year merits. My school actually asked me to start solo-teaching. I think I verped.... before saying not a chance. Would need a solid 400,000 to take that on...

Thanks Marley's ghost...


Yep, got to have a real teacher in the classroom. No need to freak out, just tell them rules are rules. Us dispatch guys are not supposed to work unsupervised.
I had a teacher once at the start of the year say, "So.....I don't actually have to be in class during your lessons, right?" I told him, "No, you have to be there. I'm not a real teacher, and if there is an emergency and it is revealed there were no official school staff supervising the children, me, you and a lot of people could get in trouble." Even so, he would sneak out of class sometimes for a smoke break. The man was even lazier than me!
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Black_Beer_Man



Joined: 26 Mar 2013
Posts: 453
Location: Yokohama

PostPosted: Sun Jun 22, 2014 10:11 pm    Post subject: Reply with quote

A buddy who worked for Interac told me that the company only pays 60% of your salary during the summer break and 75% during the winter break. By the way, this practice is new in Japan. 10 years ago every school paid full salaries 12 months of the year.

Why the different numbers? Do they anticipate losing teachers to better paying schools within the first few months of the contract thinking "let's take advantage of them as much as possible in the beginning and give the people who stay on a modest reward"?

Where do they get the 60% & 75% from anyway?
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rxk22



Joined: 19 May 2010
Posts: 1629

PostPosted: Sun Jun 22, 2014 10:31 pm    Post subject: Reply with quote

marley'sghost wrote:


@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.


I worked for Interac years ago. March and April were always prorated by then. The thing that got me, was that the break in between March and April started to grow every year. It used to be just 3 weeks, now it is well over 4 weeks. That is a long period of time to have no income. I wonder if, since you are technically laid off, can you collect unemployment? That may get the govt to notice
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Utopianbeauty



Joined: 28 Feb 2014
Posts: 6

PostPosted: Sun Jun 22, 2014 11:25 pm    Post subject: Reply with quote

Black_Beer_Man wrote:
A buddy who worked for Interac told me that the company only pays 60% of your salary during the summer break and 75% during the winter break. By the way, this practice is new in Japan. 10 years ago every school paid full salaries 12 months of the year.

Why the different numbers? Do they anticipate losing teachers to better paying schools within the first few months of the contract thinking "let's take advantage of them as much as possible in the beginning and give the people who stay on a modest reward"?

Where do they get the 60% & 75% from anyway?


They've now lowered the 60% in summer to 50% for all new contracts. That seems barely enough to cover someone after their rent has been paid.
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nightsintodreams



Joined: 18 May 2010
Posts: 558

PostPosted: Sun Jun 22, 2014 11:29 pm    Post subject: Reply with quote

Quote:
A buddy who worked for Interac told me that the company only pays 60% of your salary during the summer break and 75% during the winter break. By the way, this practice is new in Japan. 10 years ago every school paid full salaries 12 months of the year.

Why the different numbers? Do they anticipate losing teachers to better paying schools within the first few months of the contract thinking "let's take advantage of them as much as possible in the beginning and give the people who stay on a modest reward"?

Where do they get the 60% & 75% from anyway?


I worked for them a couple years ago. Their reasoning was that in August you get four weeks off (plus one at the end of July which is actually counted as work, but I was never called in), so you're only paid 60% for that month. In December it's only 2-3 weeks off so you get 75%.

Personally, I didn't mind it. I've got a much better job right now, but I'd gladly give up 40% of my August paycheck for five weeks off work.
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Maitoshi



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

PostPosted: Sun Jun 22, 2014 11:30 pm    Post subject: Reply with quote

Man, this sounds like the opposite of a summer/winter bonus, though I guess this has gone the way of the dodo for many of us.
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marley'sghost



Joined: 04 Oct 2010
Posts: 255

PostPosted: Mon Jun 23, 2014 12:36 am    Post subject: Reply with quote

I was looking at some of my old, old contracts while I was digging out this year's copy for Zues' question.
Looking at one from about 10 years ago, I didn't see any winter/summer pay cut. Seems like we always took one, but maybe we didn't.
A couple years later, the vacation cut is there. Also, the contracts were a couple days short of a full year. This was to make sure you couldn't pull the "3 year rule" and claim they have to hire you full time.
A few years later, my contracts went to gyomu-itaku. By spelling out that you only "work" 29.5 hours a week, there is no way you can claim you are a "full time employee" and that the company needs to kick in for your health and pension.
Soon after that came the March/April pro-rate shave.
The contracts have gotten a lot tighter.
You have to remember, this is the primary service dispatch companies provide thier clients. They thread these loopholes so the schools don't have to. They have gotten pretty good at it.
It's not just us barbarians who take it and grin. What are the numbers? 50%+ of the native Japanese workforce is on temporary contracts? Lifetime employment has all but disapeared in the States, Japan will follow.
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Black_Beer_Man



Joined: 26 Mar 2013
Posts: 453
Location: Yokohama

PostPosted: Mon Jun 23, 2014 10:55 am    Post subject: Reply with quote

Utopianbeauty wrote:
Black_Beer_Man wrote:
A buddy who worked for Interac told me that the company only pays 60% of your salary during the summer break and 75% during the winter break. By the way, this practice is new in Japan. 10 years ago every school paid full salaries 12 months of the year.

Why the different numbers? Do they anticipate losing teachers to better paying schools within the first few months of the contract thinking "let's take advantage of them as much as possible in the beginning and give the people who stay on a modest reward"?

Where do they get the 60% & 75% from anyway?


They've now lowered the 60% in summer to 50% for all new contracts. That seems barely enough to cover someone after their rent has been paid.


I suppose that they'll keep lowering salaries so long as they can recruit new ALTs. That's terrible.
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Black_Beer_Man



Joined: 26 Mar 2013
Posts: 453
Location: Yokohama

PostPosted: Mon Jun 23, 2014 10:57 am    Post subject: Reply with quote

If you ever want to know if a company in Japan is following Japanese labor laws, you should consult the downloadable bilingual guide here http://www.hataraku.metro.tokyo.jp/soudan-c/center/e/index.html

If you don't find your answer here, maybe you can contact them.
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