Job Discussion Forums

Keith_Alan_W · Joined: 26 Mar 2006 Posts: 121

In the book "When Cultures Collide" it states:

"They respect oral contracts and the spirit in which they were made. They wish to renegotiate if market or other conditions have changed."

If this is true? Then what is a written contract actually worth in Japan?

In my experience, neither is worth much.

seanmcginty · Joined: 27 Sep 2005 Posts: 203

What kind of contract did you have?

DarkMagus · Joined: 21 Mar 2006 Posts: 30 Location: Manchester, NH

So what's this thread all about? Unnecessary NEGATIVITY related to how eikiawas will SCREW YOU OVER ?!

I'm going. I'm signing the proper paperwork. I'll do my job. I'll get paid. Why wouldn't it work?

Are you suggesting that the Japanese are total sociopaths? Like they'd play a real nasty trick on you and everyone else headed there to teach English. That you JUST CAN'T TRUST ANYTHING ABOUT THEM AND THEIR "CONTRACTS" (VERBAL OR WRITTEN)?

angrysoba · Joined: 20 Jan 2006 Posts: 446 Location: Kansai, Japan

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

Keith_Alan_W · Joined: 26 Mar 2006 Posts: 121

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

Keith_Alan_W · Joined: 26 Mar 2006 Posts: 121

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

kitano · Joined: 18 Nov 2004 Posts: 86

I think many westerners mistakenly assume there is rule of law in Japan or at least overemphasize its existence because there are all the trappings of the rule of law ie: written laws, courts, lawyers etc. However I think there is a competing value system which is based on status heirarchy. Don`t take my word for it but just think through your interactions in Japan and things you read about in Japanese society and you will think `Naruhodo, Naruhodo, Naruhodo!`

In your case you think there is an agreement between two equal parties. Not so! Reanalyze. You are a peon potential employee and a foreigner ta boot. Your status is zilch. They are a registered company and Japanese. This means they can change anything they like whenever they like and you can`t, those are the rules. Makes a little more sense that way doesn`t it. You think they break their word so easily with government ministries or their bank? No of course not, why? because the bank and the government have a higher status not because of any rule, law, agreement, or contract.

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

Keith,

Just as a point of note:

I signed a contract with my university to teach classes at university. So far no problems. At the same time a dozen of my colleagues have had the goalposts moved on them, the contract changed and altered beyond recognition. It has resulted in five teachers being summarily fired and many others their livelihoods threatened. the university has lied to them and has refused to listen to protests and now the university is defending itself in court. It si acting that way because it is a big rich private university with a fat cat board of directors, fighting against five foreign teachers. These are people who are full time. Masters degrees and many of them have families. The university says they signed a five year contract and thats the end of it. their particular position is being abolished, with no right of renewal and work given to other lower aid teachers for no extra pay.

The general union is using every law at its disposal and is making the university look incredibly stupid in the process. I participated in alegal strike against the school last year to protest the schools actions and I lost my job as a result.

The point being; universities and employers dont respect contracts unless it suits their purposes and they act with impunity. You have to actually take the bull by the horns and stand up for your legal rights. 90% of teachers here would rather quit than fight as its too expensive, too time consuming and they dont plan to stay there anyway.

A school or employer is only required to do what it must BY LAW and you can NOT make it do anything else, even by agreement. Oral contracts are worthless, and so are illegal clauses in contracts. Once you know what you rights are you have power, but not when you are on a tourist visa and have no rights here.

You are putting too much faith in the written word of the contract here. These are not written in stone and can be challenged. You are a big-shot ESL teacher but as pointed out above, have no legal work rights in this country. Your status in Germany or self worth as an educator is worthless here. You are an employee first and foremost, cap in hand for a salary.

gaijinalways · Joined: 29 Nov 2005 Posts: 2279

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

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

Just in case you dont know a former teacher at NOVA, Kara Harris just sued NOVA for unfair dismissal, and harassment by her employers. She has just won a judgement for seven million yen against NOVA.

Shows what you can do if you stand up for yourself and the law is on your side.

Keith_Alan_W · Joined: 26 Mar 2006 Posts: 121

PaulH:
"If you were to say to immigration at the airport you were coming for a job on a tourist visa they would put you on a plane back to your point of origin."

Stupidly, I told them I was coming to work here when I got off the plane without a visa. They still let me through. perhaps I was just lucky. (Or perhaps I would have been luckier to have been deported given the situation I am in now and how much money it has cost me.)

gaijinalways:

Might that company have been English First???? Sounds like them.

Well I just got off the phone with the immigration office in Osaka. I asked them about the rules of changing from a tourist to a working visa. Here's what they told me.

1) You need a Certificate of Eligibility first.
2) It takes 2 - 3 months to get the COE if you're already in Japan.
3) If your tourist visa expires before the COE is received, you must leave the country.
4) If you get the COE, then you can stay while the work visa is being processed.
5) Until you have the actual work visa in your passport, you can not work!
6)Stories told by English schools about being able to work while you wait for the COE or Work Visa are lies.
7) If you work while you are waiting for the COE or Work Visa, you are illegal and will be deported if caught!

Given the number of schools that have offered me employment while I wait for the proper visa, and the amount of teachers I have met working while they wait for their visa, it is obviously the case that the Schools here are criminal organizations and that the immigration office turns a blind eye to this situation.

Since I know for a fact that GES (Global Language School, the company that conned me into coming here) has teachers working while they wait, I feel like calling the immigration office back and reporting them.