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Contract / Visa Question

 
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AJT333



Joined: 19 Feb 2015
Posts: 2

PostPosted: Fri Jul 15, 2016 4:20 am    Post subject: Contract / Visa Question Reply with quote

Hey there,
So, I just got offered a job with Daibundo School in Hakkodate. The start date is supposed to be August 11th, but I don't think that's enough time to get the COE and work visa. Any suggestions? I'm Canadian, if that helps.

Also I was wondering if people on this forum would look over the contract and see if there's anything fishy or left out. It seems pretty short.

Thanks!
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Maitoshi



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

PostPosted: Fri Jul 15, 2016 11:53 pm    Post subject: Reply with quote

Whatever is in the "contract" will likely be different from actual conditions and expectations. There is likely to be an "official" contract you will later be asked to sign that overrides anything in the English contract. As with most things in life, being flexible with your expectations will help. Good luck!
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Harp



Joined: 09 Jan 2014
Posts: 46
Location: As far north as you can get, before you hit Saitama

PostPosted: Mon Jul 18, 2016 4:12 am    Post subject: Reply with quote

Make sure the contract mentions the specifics of:
Working hours
Contract start date (and end date if applicable)
Definition of holidays (i.e. do they expect 6 day weeks)
Number of days of annual paid leave
Salary (including how many months your annual salary covers)
Overtime
Transportation/commuting

If any are missing and the company says something like 'oh don't worry, we'll sort that out after you've started' or 'we're not quite sure of the schedule yet' then don't sign until they are ready to put in writing what you are entitled to.

I disagree with Maitoshi, once you have anything in writing, signed by your employer and you, then it is legally binding and can't be changed without your agreement. If there is a difference in terms between what you sign in English and what you might later sign in Japanese, then legally whichever is better for you (as long as it is not contrary to the labour standards law) is the one that takes precedence.
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Maitoshi



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

PostPosted: Mon Jul 18, 2016 1:06 pm    Post subject: Reply with quote

Only if the contract doesn't state, as most do, that any discrepancy between the two, the one in Japanese prevails.
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Tue Jul 19, 2016 9:02 am    Post subject: Reply with quote

Some contracts can be deliberately vague by mentioning extra duties, without stating what they really are.

Sometimes you could have an oral agreement that differs from the contract.
This can be a source of friction.
I find that teachers are expected to do more than they are told (weekend work, when you could be told that you won't work on certain Saturdays).
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Maitoshi



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

PostPosted: Tue Jul 19, 2016 12:31 pm    Post subject: Reply with quote

In the end, it probably doesn't matter much what is actually in these contracts. Who would go through the trouble to sue? It's easier and faster to find a better position once you are in country than to go through a lawsuit, anyway.
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Maitoshi



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

PostPosted: Tue Jul 19, 2016 12:36 pm    Post subject: Reply with quote

Additionally, those sketchy employers who have faced litigation before, or have the foresight to anticipate it, include an arbitration clause. It's tough to get a fair shake here, even if you are a part of the GU. At least then you may have a chance at a fair shake, but who wants to go through all that to continue to work for a lousy employer that no longer wants you? It's way less hassle to move on.
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