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mapraopenrai
Joined: 16 Mar 2006 Posts: 29 Location: Kyoto, Japan
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Posted: Thu Oct 26, 2006 6:47 am Post subject: Not allowed to have outside jobs? |
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I'm in my fourth year at a private high school in Kyoto. When I was offered the job and told that I could hold no outside jobs, I wasn't quite sure I wanted them to dictate such terms to me, but at the time I wasn't very eager to work more than what my full time schedule would be anyway.
Now being in my fourth year of no raise, no bonus, work many hours to show a good face, no guarantee of being re-hired, I'm thinking of supplementing my income.
If the school says that you cannot hold an outside job, is it legally binding? Anyone know about this? Anyone in a similar situation? |
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JimDunlop2

Joined: 31 Jan 2003 Posts: 2286 Location: Japan
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Posted: Thu Oct 26, 2006 9:30 am Post subject: |
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Technically speaking, you are bound by the terms of your work visa. I.e. if you are listed as an "instructor" and get busted doing some exotic dancing on the side, you are in violation of the terms of your visa. In addition, your visa sponsor may have objections to you taking on work on the side -- whether or not this is legal, I'm not entirely sure -- I'd ask the union about it.
As for me, I cannot moonlight, as I am a civil servant (working directly for the BoE). As such, regardless of the nature of the work, I am prohibited from taking part in it. That rule applies from the mayor and superintendant of schools, all the way down to the lowest janitor (is what I've been told). Although if I volunteer, the city has no say over what I do in my free time... (Volunteering often carries with it an "honorarium" but I think that falls into a grey zone that people would rather not push into too much). |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Thu Oct 26, 2006 9:47 am Post subject: |
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This may depend on what was written in the contract you signed.
Bear in mind that a lot of eikaiwa companies make this stipulation in their own contracts and it really prevents anyone taking on private students.
Personally, I wouldn't hesitate to take on private students but never mention them to your employer. |
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cornishmuppet
Joined: 27 Mar 2004 Posts: 642 Location: Nagano, Japan
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Posted: Thu Oct 26, 2006 10:10 am Post subject: |
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I agree with ali. Generally speaking, no employer wants you to have outside jobs, for whatever reason, and its usually in the contract. I wasn't allowed to when I worked in a bank back in England. There they stated that if I was tired I wouldn't be able to perform my full time job appropriately. In Japan I imagine eikawas don't like it because they think you'll be taking their business. My previous employer here even barred me from doing volunteer classes.
Having said that, practically everyone I know in Japan is doing some sort of private work on the side, regardless of where they work, be it Nova or the local BoE. They just don't tell anyone about it.
While I don't know anyone who's ever been caught, if you like your job enough not to jeopardise it I'd be careful about picking up other work. Chances are you'll have no problems, and if they do catch you, they'll probably just give you a slap on the wrist. But I imagine some people have got screwed for doing it. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Thu Oct 26, 2006 10:22 am Post subject: |
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| furiousmilksheikali wrote: |
Bear in mind that a lot of eikaiwa companies make this stipulation in their own contracts and it really prevents anyone taking on private students.
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Sorry, that should have read "rarely". |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Thu Oct 26, 2006 9:48 pm Post subject: |
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This may depend on what was written in the contract you signed.
Bear in mind that a lot of eikaiwa companies make this stipulation in their own contracts and it rarely prevents anyone taking on private students. |
Illegal clauses make a contract invalid. Nobody can tell you what to do in your spare time. Be discreet, since you DID sign the stupid contract, and take on the outside work. If someone complains, point out the illegality in the contract. You may want to discuss this in more detail with the union. |
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mapraopenrai
Joined: 16 Mar 2006 Posts: 29 Location: Kyoto, Japan
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Posted: Thu Oct 26, 2006 10:18 pm Post subject: |
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| OK, like I said, I don't teach in an eikaiwa school, I teach in a private high school. If a public high school student falls under that category of 'civil servant', I don't know what that means about me. |
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mapraopenrai
Joined: 16 Mar 2006 Posts: 29 Location: Kyoto, Japan
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Posted: Thu Oct 26, 2006 10:23 pm Post subject: |
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| And the actual contract does not say that I can't have outside classes. Matter of fact, it says very little aside from stating my salary, and an addition this year, that I will not be able to renew my contract next year. Now, they have come to me in the last few weeks to ask me if I'd like to continue and talked about making a special contract, but it's all part of me not being permanent, even though they put so many requirments and limitations on me. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Fri Oct 27, 2006 12:02 am Post subject: |
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| mapraopenrai wrote: |
| And the actual contract does not say that I can't have outside classes. Matter of fact, it says very little aside from stating my salary, and an addition this year, that I will not be able to renew my contract next year. Now, they have come to me in the last few weeks to ask me if I'd like to continue and talked about making a special contract, but it's all part of me not being permanent, even though they put so many requirments and limitations on me. |
Then who was telling you that you can't have outside classes? It's none of their business and they have no right talking to you like that.
A similar situation happened with some people I play football with. They all work for the same company and they would play football one evening during the week. That is until one of them got injured and couldn't come to work the next day. The boss was pissed off and banned his employees from playing mid-week football.
This is ridiculous! He has no right doing this and yet none of the office workers wanted to disobey the boss. It's a sad but true fact that some employers feel their staff are company property and that micromanaging their staff's leisure time is acceptable to them.
But accepting this kind of bullying from bosses only strengthens their hand. |
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TK4Lakers

Joined: 06 Jan 2006 Posts: 159
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Posted: Sun Oct 29, 2006 4:42 am Post subject: |
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| furiousmilksheikali wrote: |
| mapraopenrai wrote: |
| And the actual contract does not say that I can't have outside classes. Matter of fact, it says very little aside from stating my salary, and an addition this year, that I will not be able to renew my contract next year. Now, they have come to me in the last few weeks to ask me if I'd like to continue and talked about making a special contract, but it's all part of me not being permanent, even though they put so many requirments and limitations on me. |
Then who was telling you that you can't have outside classes? It's none of their business and they have no right talking to you like that.
A similar situation happened with some people I play football with. They all work for the same company and they would play football one evening during the week. That is until one of them got injured and couldn't come to work the next day. The boss was pissed off and banned his employees from playing mid-week football.
This is ridiculous! He has no right doing this and yet none of the office workers wanted to disobey the boss. It's a sad but true fact that some employers feel their staff are company property and that micromanaging their staff's leisure time is acceptable to them.
But accepting this kind of bullying from bosses only strengthens their hand. |
From a gaijin standpoint, this does sound ridiculous.
But after working (in the public schools) and getting use to Japan the past 6 months, I've realized that a lot of these employees don't have private lives. It may be related to the "samurai spirit" many people have, where they feel the need to serve the company (or school), be honest, and be loyal. But yea, I don't agree with it but it just seems that's the way it is here. |
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