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Are Teachers Protected in Japan?
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Mon Mar 27, 2006 6:02 am    Post subject: Are Teachers Protected in Japan? Reply with quote

Does anyone know what rights foriegn English Teachers have in Japan?

Global English School, Matsusaka, has put me in a bad position, fireing me without due cause.

What can I do? Who should I be taliking to? What "evidence" do I need to take legal action? (I know that in the US, the fact that the school never signed the contract, doesn't mean that they can't be prosecuted for failure to fulfill a business agreement).

Thanks
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PAULH



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

PostPosted: Mon Mar 27, 2006 6:06 am    Post subject: Re: Are Teachers Protected in Japan? Reply with quote

Keith_Alan_W wrote:
Does anyone know what rights foriegn English Teachers have in Japan?

Global English School, Matsusaka, has put me in a bad position, fireing me without due cause.

What can I do? Who should I be taliking to? What "evidence" do I need to take legal action? (I know that in the US, the fact that the school never signed the contract, doesn't mean that they can't be prosecuted for failure to fulfill a business agreement).

Thanks


Keith I read your last post.


Teachers and all foreign workers on legal work visas are protected by Japanese labor laws. People on tourist visas working illegally are not.

For more information check the law page on http://www.generalunion.org

You havent helped your cause by starting work without the legal right to work in this country, you are in effect, an illegal alien.
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Mon Mar 27, 2006 6:12 am    Post subject: Reply with quote

Thanks Paul,

I guess I didn't do my homework before coming here. I've never heard about a certificate of eligibility before now.

So I guess she never planned on employing me in the first place.
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PAULH



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

PostPosted: Mon Mar 27, 2006 6:14 am    Post subject: Reply with quote

Keith_Alan_W wrote:
Thanks Paul,

I guess I didn't do my homework before coming here. I've never heard about a certificate of eligibility before now.

So I guess she never planned on employing me in the first place.



The COE is mentioned on the Japanese govt website for explaining visas in Japan.


http://www.mofa.go.jp/j_info/visit/visa/03.html#c
I dont know if you just jumped at this job in Germany and hoped for the best with only a tourist visa and were worried about missing out etc, but nothing happens in this country unless you do things by the book and above board.

You were hasty and reckless and got burnt. I hope you have learnt your lesson.
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Mon Mar 27, 2006 6:45 am    Post subject: Reply with quote

I feel sorry for you Keith. It is pretty hard to know all the labour rules ahead of time, but unfortunatley ignorance is no excuse. What is your next step? If you have some savings, go to a bigger city and try to look for a job there where someone will sponsor you.
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Mon Mar 27, 2006 7:43 am    Post subject: Reply with quote

My next step.....

Well if I could get away with it, I'd torch the school... but I guess that's probably a bit rash. There doesn't seem to be any jobs left here in Japan, or they require I travel to different cities for interviews (something I can't afford). So I think I'll file a complaint and go back to Germany and try to get my position back at the University for the upcoming semester.


Last edited by Keith_Alan_W on Mon Mar 27, 2006 8:33 am; edited 1 time in total
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PAULH



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

PostPosted: Mon Mar 27, 2006 8:02 am    Post subject: Reply with quote

Keith_Alan_W wrote:
My next step.....

Well if I could get away with it, I'd torch the school... but I guess that's probably a bit rash. There doesn't seem to be any jobs left here in Japan, or they require I travel to different cities for interviews (something I can't afford). So I think I'll file a complaint and go back to Germany and try to get my position back at the University for the upcoming semester. All in all, I think Japan is a hole and i wish they dropped enough bombs to sink this stupid country.


Keith, there are jobs here but pay is not so good most have done the hiring for the new semester (schools start next week) and many want you to have a valid work visa and (believe it or not) sponsorship

Coming on a tourist visa on account of one job, a hope and a prayer its almost as if you set yourself up for a fall. Its always good to have a back-up plan in case Plan A falls through. Sounds like you didnt have anything in reserve.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Mon Mar 27, 2006 8:17 am    Post subject: Reply with quote

Keith, all workers in Japan are protected whether they are legal workers or not. Contact the union in your area: http://nugw.org
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Mon Mar 27, 2006 8:33 am    Post subject: Reply with quote

Ok, I'll try the workers union, but I'm worried about being deported.
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yamanote senbei



Joined: 28 Jun 2005
Posts: 435

PostPosted: Mon Mar 27, 2006 8:36 am    Post subject: Reply with quote

You might want to try one of the migrant worker unions then. They have more experience dealing with no visa issues.
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PAULH



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

PostPosted: Mon Mar 27, 2006 9:05 am    Post subject: Reply with quote

yamanote senbei wrote:
Keith, all workers in Japan are protected whether they are legal workers or not. Contact the union in your area: http://nugw.org


It helps when you type in the link correctly....


http://www.nugw.org/
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D.O.S.



Joined: 02 Apr 2003
Posts: 108
Location: TOKYO (now)/ LONDON

PostPosted: Mon Mar 27, 2006 7:38 pm    Post subject: Reply with quote

PAULH wrote:
You were hasty and reckless and got burnt. I hope you have learnt your lesson.

Do you want him to stand in the corner or can he do 20 push-ups and move on without detention?

There are sharks in these Japanese waters and not all of them are other EFL teachers! Keith, move on to another job with the proper visa.

Good luck!
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Tue Mar 28, 2006 6:23 am    Post subject: Reply with quote

Thanks for all the response thus far. I am holding off on making an official complaint as I'd like to find a new employer first.

As far as retribution for unethical business practices on the part of private schools is concerned, has anyone got any advice for me?

I had a similar experience to this back in 2001 in Shanghai. The co. there acted in much the same way, but the difference was I had 3 government officials on my side which led to me showing up at the company`s Song Jiang office with a lawyer from the Shanghai tax dept. who threatened to investigate them if they did not pay me roughly twice what the owed me Laughing This worked quite well, but unfortunately I have not met high ranking Japanese officials, and I guess Guanxi doesn't work here anyway, so I don't know what I could do to procure such favours here.

So I have a different strategy to get back at GES. Do you guys think it would be a good idea to make anti-GES advertisements in Japanese and post them near the GES schools and at the local railway stations where GES does most of its advertising? Or perhaps I could take out classified ads in the local papers deriding the school, its boss, and teachers as being a bunch of unprofessional social misfits. I know this amounts to little more than name calling, but the point is to negatively affect their business, so they in effect have to bear the some of the cost of the misfortune they have forced me to deal with. Or perhaps I could throw rocks through their windows late at night Twisted Evil Just joking, but nothing is beneath me if I have the right reasons, so what can I do?


Last edited by Keith_Alan_W on Tue Mar 28, 2006 8:53 am; edited 1 time in total
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shuize



Joined: 04 Sep 2004
Posts: 1270

PostPosted: Tue Mar 28, 2006 8:47 am    Post subject: Reply with quote

Deleted.

Last edited by shuize on Tue Mar 28, 2006 10:07 am; edited 1 time in total
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Keith_Alan_W



Joined: 26 Mar 2006
Posts: 121

PostPosted: Tue Mar 28, 2006 8:54 am    Post subject: Reply with quote

Thanks Shuize.

All fixed.

Was in a rush, only one hour free internet at the cultural centre.
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