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jrwhisky
Joined: 07 Jul 2013 Posts: 43
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Posted: Tue Jul 07, 2015 10:51 am Post subject: Working through Obon? |
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I know comapanies like to jack around foreign employees but for me this is a new thing. I've already put in my notice for quting in October so I try to look at these irratating things with a passive eye but this kind of sucks. So far it seems that of
1. Legal? I'm leaning towards no unless they substitute the lost holidays which there has been no mention.
2. I hold all the cards. I'm thier only foreign teacher and I'm already on my way out and totally comfortable with leaving earlier.
Is there anything I'm missing here? Perhaps I am mistaken should just suck it up? I know Japanese locals are used to being abused by thier employers and often get stuck doing endless hours of overtime for nothing but I am fully ready to stick up for myself if I can. |
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mitsui
Joined: 10 Jun 2007 Posts: 1562 Location: Kawasaki
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Posted: Tue Jul 07, 2015 11:03 am Post subject: |
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Don't know. Many people do nothing for Obon so that could be why the school is open. You should get other days off or get paid overtime for that. |
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rtm
Joined: 13 Apr 2007 Posts: 1003 Location: US
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Posted: Tue Jul 07, 2015 1:29 pm Post subject: |
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Why do you expect that you would have Obon off? Is there a precedent sent in previous years, or is it written into your contract that you will have X days off for Obon?
If not, I don't think you have any recourse. There's no reason they have to give you Obon off. |
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Maitoshi
Joined: 04 May 2014 Posts: 718 Location: 何処でも
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Posted: Tue Jul 07, 2015 10:02 pm Post subject: |
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While it doesn't have to be during Obon, if the employee has been employed for more than six months, the employee is entitled to a certain number of paid holidays each year. The longer the employment period, the more holidays. This is a legal entitlement, regardless of the contract.
cf. Labor Standards Law Chapter IV, Article 39 |
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Mothy
Joined: 01 Feb 2007 Posts: 99
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Posted: Thu Jul 09, 2015 12:41 am Post subject: |
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I'm confused. People don't just automatically get obon off. Are you saying they won't let you take a paid holiday during obon? |
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mitsui
Joined: 10 Jun 2007 Posts: 1562 Location: Kawasaki
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Posted: Thu Jul 09, 2015 6:44 am Post subject: |
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The government will have a new holiday called Mountain Day near Obon and wants people to take time off to travel domestically.
Not sure if companies have to comply, but some will. |
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jrwhisky
Joined: 07 Jul 2013 Posts: 43
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Posted: Thu Jul 09, 2015 7:59 am Post subject: |
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Yeah, I was under the impression that it was an official holiday but its not really marked on any of the calendars I've been looking at. My contract does state that I get Holidays.
from my contract: *Company Name* shall provide the employee the following planned legal paid holidays:
以下の日を労働基準法上の法定年次有給休暇の計画的付与に付する。
Obon holiday:
TBA (Will be discussed upon arrival to Japan)
お盆休み
未定(被雇用者が来日後協議予定 |
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Mothy
Joined: 01 Feb 2007 Posts: 99
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Posted: Thu Jul 09, 2015 9:04 am Post subject: |
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Well sounds like you should be getting one day off anyway. If it's worth raising a stink about it for you, go fight the power. |
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rtm
Joined: 13 Apr 2007 Posts: 1003 Location: US
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Posted: Thu Jul 09, 2015 10:23 am Post subject: |
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Yeah, Obon is not an official national holiday.
Quote: |
from my contract: *Company Name* shall provide the employee the following planned legal paid holidays:
以下の日を労働基準法上の法定年次有給休暇の計画的付与に付する。
Obon holiday:
TBA (Will be discussed upon arrival to Japan)
お盆休み
未定(被雇用者が来日後協議予定 |
The contract says it will be discussed after you arrive in Japan. You are in Japan. So, you need to discuss it. It does sound like you should get at least 1 day off. |
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Inflames
Joined: 02 Apr 2006 Posts: 486
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Posted: Sun Jul 12, 2015 4:00 am Post subject: |
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rtm wrote: |
Yeah, Obon is not an official national holiday.
Quote: |
from my contract: *Company Name* shall provide the employee the following planned legal paid holidays:
以下の日を労働基準法上の法定年次有給休暇の計画的付与に付する。
Obon holiday:
TBA (Will be discussed upon arrival to Japan)
お盆休み
未定(被雇用者が来日後協議予定 |
The contract says it will be discussed after you arrive in Japan. You are in Japan. So, you need to discuss it. It does sound like you should get at least 1 day off. |
Nothing the OP has posted indicates anywhere he/she should get any days off for Obon. There's nothing mentioned about getting public holidays off and 「労働基準法」 refers to paid holidays in the labor standards act. |
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jrwhisky
Joined: 07 Jul 2013 Posts: 43
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Posted: Fri Jul 17, 2015 11:12 am Post subject: |
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well its been finally resolved to 3 days off plus weekend. Not but I would rather get it all like most are. Thanks for the all the input ya'll. |
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