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Going to Japan without a contract?

 
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kr575m



Joined: 08 Jan 2006
Posts: 6

PostPosted: Fri Jan 13, 2006 5:41 am    Post subject: Going to Japan without a contract? Reply with quote

I have been offered a job in Japan but I need to wait 1 1/2 months before the contract can be made. The company would like me to come ASAP and start working before the contract is made. Is this a smart move? Is it possible to make a contract and get a visa once you are already in Japan on a tourist Visa?

Kyle
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Fri Jan 13, 2006 5:50 am    Post subject: Reply with quote

Don't come. If you teach illegally, you forfeit any rights you might have. If the visa takes 6 weeks, that is the school's problem. Tell them you wouldn't feel right about it. What if the school is not telling the truth and you work 2, 3 months and still no visa and then they decide they don't want to pay you? What recourse will you have? Zip.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Fri Jan 13, 2006 6:37 am    Post subject: Re: Going to Japan without a contract? Reply with quote

kr575m wrote:
I have been offered a job in Japan but I need to wait 1 1/2 months before the contract can be made. The company would like me to come ASAP and start working before the contract is made. Is this a smart move? Is it possible to make a contract and get a visa once you are already in Japan on a tourist Visa?

Kyle



You can do that, but be advised that working on a tourist visa is ILLEGAL and you can only work when an application for a work visa has been submitted and you have an application stamp in your passport.

Working on a tourist visa until this is done is illegal as technically you are not a legal employee, and you are not protected by any worker or labor rights in Japan. If he decides not to pay you, takes things out of your paycheck, summarily dismisses you while on a tourist visa, you have no protection. Some employers make employees work 3-6 months on a tourist visa without filing for a work visa with immigration and then fire them without paying a months wages. I would be wary of an employer who asks you to work on a tourist as he is breaking the law, and my other guess is that he is DESPERATE and can not find someone already in Japan. I would make sure there are no surprises when you get here.

MAKE SURE your paper work is being processed with immigration before you start work. You are an ILLEGAL ALIEN until this happens and you can be subject to arrest and deportation.

Secondly, I would wait until I have read the contract before you start working. Some employers will change the terms after you have signed it, or move the goalposts on you after you start work. Working without a contract is a BAD idea IMO.
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Glenski



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

PostPosted: Fri Jan 13, 2006 6:42 am    Post subject: Reply with quote

It takes 1.5 months to MAKE the contract? B.S. Why did they advertise the job without having a contract ready to be signed? Red flag.

Come right away and start working? Well, perhaps someone bailed out on them (a minor red flag in itself), so perhaps the suddenness is justified, but as Gordon put it, you might just be walking into a problem. We've seen people who have been rushed here, only to be left with nothing but promises of work visas which turn into "delays" and "mistakes in processing" (as the employer says), and then into a sudden firing without a last paycheck after the foreigner has overstayed his visa, so there is no legal claim against the employer.

Come right away? Hmm, you don't have to even mention hesitancy about doing the "right thing" for a work visa. Tell him it'll probably take you 6 weeks just to put your life in order at home (stuff into storage, selling unnecessary items, canceling an apartment lease, etc.). If he begs for you and can't come through with more than this lame excuse, he isn't seeing things reasonably.
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Zzonkmiles



Joined: 05 Apr 2003
Posts: 309

PostPosted: Fri Jan 13, 2006 6:51 am    Post subject: Reply with quote

Let's think about this for a second:

You are considering flying halfway around the world for a job where the contract and its terms aren't even guaranteed or finalized?! And on top of that, you wouldn't even be legally eligible to work because you don't even have a proper visa?!

I hope it only takes you "a second" to figure out what you should and should not do in this situation. Don't set yourself up for disaster. Get a contract and a visa first. If that's too much to ask of your employer, then stay far away from them. And if you still decide to go down this potentially dark path with this employer, then frankly, you deserve each other.
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Fri Jan 13, 2006 6:55 am    Post subject: Reply with quote

Man, I missed the part about the contract not being finalized. It is bad enough without a visa. No contract? So what exactly are you coming for, your employer doesn't even spell it out for you. It takes about 1 hour to write up a contract, even if they have never done one before. Total B.S.
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PAULH



Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan

PostPosted: Fri Jan 13, 2006 10:26 am    Post subject: Reply with quote

Just think, you can have immigration in Japan issue you a work visa in a shorter time than it takes a potential employer to whip up a work contract on his PC, both Japanese and English version.
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canuck



Joined: 11 May 2003
Posts: 1921
Location: Japan

PostPosted: Fri Jan 13, 2006 11:56 am    Post subject: Re: Going to Japan without a contract? Reply with quote

kr575m wrote:
I have been offered a job in Japan but I need to wait 1 1/2 months before the contract can be made. The company would like me to come ASAP and start working before the contract is made. Is this a smart move? Is it possible to make a contract and get a visa once you are already in Japan on a tourist Visa?

Kyle


Bad move Kyle.
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shuize



Joined: 04 Sep 2004
Posts: 1270

PostPosted: Sat Jan 14, 2006 7:57 am    Post subject: Reply with quote

Just to echo what's already been posted. Six weeks to write an employment contract?
Total B.S.

I've closed on property in less time than that. Seriously.
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