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kylemory

Joined: 11 Jun 2004 Posts: 25 Location: oaxacan coast, mexico
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Posted: Wed Oct 24, 2007 10:34 pm Post subject: WARNING: DES school in Nerima |
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I worked at DES http://des.cc near Nerima Station for 16 months. I moved to Tokyo after a somewhat negative experience at a school near Osaka (nothing serious, I just didn't feel the school was truly concerned with teaching English). When I first got the job, i was supposed to have 4 weeks before I started, but I had to stop my vacation short as the teacher I was going to replace had left.. I should have taken that as a negative sign, but I wasn't really sure of the whole story, I just knew that for some reason the police were called to take him away....
At first it was a positive experience: the school was more concerned with the students than my previous one and the students seemed happy there. The salary was a bit low for Tokyo, but i had cheap rent and it was close to my home, so i didn't mind much.
The first year went by without too much of a problem, there was only one other English teacher there (an American, who I would later find out is actually the owner of the school) and we all got along fine. After I signed the contract for the second year, however, the school started implementing more strict rules. The entire first year I was required to wear ties, which was no problem, but then they added a clause in my contract that I couldn't wear khaki pants or corduroy and I had to wear wool pants. No problem, I'm a more casual person, but I can stand a little change in wardrobe.
Well, the school kept making little changes to my contract, and being a foreigner dependent on having a job, I agreed to all of the changes. I started to get pretty fed up with the school who had me working 30-35 teaching hours a week with a low salary for Japan (the other teacher, or owner, was working considerably less, but could afford to live in "the most expensive building in azabu-juban") so one day I asked if I could leave in the middle of my contract (I had signed a year and a half contract at the beginning of my second year. I would later learn that this is ILLEGAL in Japan, as contracts for foreign workers are only valid for at the most one year). The school said that I couldn't leave in the middle of my contract and if I did I would have to pay a fine of Y100,000 (also ILLEGAL).
So, the school knew that I was unhappy, which made it even harder for me to go into work. I admit that during this time, I was late to work a few times (only 10-15minutes three times in two months), and the school became even more strict, telling me to come to work UNPAID 40 minutes early so that I wouldn't be late again. So it got to be too much and I told the school that I wanted to end my contract in three months (I figured I would be nice and give them enough time to find a good teacher). This made the other teacher and the manager very upset, and they went and had a meeting and told me that my classes would be canceled and not to come back the next day.
That was bad enough, but the next week, when I was supposed to get paid, I got nothing in my account, and since I got paid at the end of June for May's work, the school still owed me 1 1/2 months salary!
So, after some investigating of Japanese labor laws, I got in touch with a union who told me that what the school did was illegal and that I should be able to get my money back soon. Well, Tokyo isn't a cheap place so, luckily I was able to some part time work to hold me over until I got the money the school owed me.
The union was able to get me my 1 1/2 month salary (including the 100,000Y fee for breaking my contract), but due to the illegalities in the contract, the union has taken the school to court in order to get more compensation from them (Japanese labor law states that employers MUST give 30 days notice before terminating an employee, and if they don't they must pay for those days). I have since moved from Japan and am teaching at a university down here in mexico.
It is a small school, so I have never met any other teachers, but as I said the teacher before me was also dismissed without warning (I'm not sure of the circumstances though). The owner of the school is named Mark, and he has had it for about six years (I was the first teacher to stay longer than one year), he will try to tell you that he doesn't own the school, but his name is on the business registration at the Nerima Kuyakushou.
I know things like this happen all the time all over Japan, and it's important that teachers remember that Japanese labor laws are very strict and there are quite a few labor unions out there to help you.
I was a member of the Freeter General Union:
http://freeter-union.org/ (website in Japanese only, but they have staff that can speak English.
The NAMBU Foreign Worker's Union was also helpful in answering questions and has great resources in English on their website:
http://nambufwc.org/
Good luck to everybody out there! |
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Khyron
Joined: 10 Mar 2006 Posts: 291 Location: Tokyo Metro City
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Posted: Thu Oct 25, 2007 2:44 pm Post subject: Re: WARNING: DES school in Nerima |
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kylemory wrote: |
...contracts for foreign workers are only valid for at the most one year... |
That isn't true. |
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kylemory

Joined: 11 Jun 2004 Posts: 25 Location: oaxacan coast, mexico
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Posted: Thu Oct 25, 2007 5:28 pm Post subject: |
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Quote: |
NAMBU FWC: http://nambufwc.org/japanese-law/labor-standards-law/
What is the maximum length of a labour contract?
The maximum, legally recognized length of a contract is one year. If you are a language teacher and you have a contract of over one year then there is an argument that on starting your second year you have become a permanent employee, which makes it hard for a company to simply not renew your contract (Article 14). This point was argued successfully in an injunction in the Osaka District Court in 1996 when a union member�s contract was not renewed at the end of his two year contract. The judge ruled that the employee, due to the fact that two year contracts are not allowed was a permanent employee and that the company needed reasons for the firing.
There have been some recent changes to the Labour Standards Law which allow some �specialists� to have up to a three year contract but language industry and education workers are not included in this group.
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Okay, I guess there have been some changes to the law, thank you for pointing that out, but I think still for the main part that most foreign teachers are only allowed one year contracts (unless they have a "specialist" visa).
Thank you,
Kyle |
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AgentMulderUK

Joined: 22 Sep 2003 Posts: 360 Location: Concrete jungle (Tokyo)
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Posted: Thu Oct 25, 2007 6:03 pm Post subject: |
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I sympathise with you, but that is the English school job market here. We are commodities to be exhibited to customers and replaced at will.
We are merely "gaijin" and therefore English teachers by default (!). The fact we are human is irrelevant.
Thank you for purchasing your Gaijin Teacher. This unit will provide you with hours of entertainment. Replacements for faulty units are availabe free. Enjoy your new Gaijin Teacher.
Exploitation is the key word here. Wrap it up however you like, but really most people would not accept these working conditions back home.
Managers still seem to fail to realise that teaching does not equal office work and nobody can teach competently for 30+ hours.
I haven't been back here long and I am already disillusioned again with the state of things. I am here by necessity in part, otherwise you wouldn't see me for dust.
Also thanks for the warning. I am a stone's throw from Nerima and might well of blundered into that school eventually. |
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Sour Grape
Joined: 10 May 2005 Posts: 241
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Posted: Sat Oct 27, 2007 3:28 am Post subject: |
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The British Council issues all new teaching staff with two-year contracts. Are they breaking the law? |
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Khyron
Joined: 10 Mar 2006 Posts: 291 Location: Tokyo Metro City
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Posted: Sat Oct 27, 2007 9:40 am Post subject: |
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kylemory wrote: |
There have been some recent changes to the Labour Standards Law which allow some �specialists� to have up to a three year contract but language industry and education workers are not included in this group. |
Instructors, including full-time English teachers in Japanese schools, are indeed included in this group. Please note: these are NOT ALTs, but direct hires positions by schools. |
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