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Holiday pay denied, where do I stand?

 
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robinnn



Joined: 24 May 2006
Posts: 83
Location: Spain

PostPosted: Fri Nov 30, 2007 5:18 pm    Post subject: Holiday pay denied, where do I stand? Reply with quote

My school has in the past denied teachers holiday pay despite fulfilling the legal criteria of six months full time employment and 80% attendance. I`ve heard rumours that they will do the same to me because a Japanese staff member has a grudge against me. If they deny me my pay and I take them on legally, I have a feeling that even if I won, it would come back to haunt me if my next employer was somehow made aware of it. What should I do? Just hand in my notice and go elsewhere, or fight for my rights, which don`t seem to be worth much in this country to be honest.
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Insubordination



Joined: 07 Nov 2007
Posts: 394
Location: Sydney

PostPosted: Sat Dec 01, 2007 12:13 am    Post subject: Reply with quote

I know nothing about Japan but I know that if you don't ask for what you want and deserve, you will be angry and resentful
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Sat Dec 01, 2007 12:49 am    Post subject: Reply with quote

If it is in the contract you should get it BUT if you try to do it legally I have a feeling that it wont go well for you. The court is probably Japanese as is your company (I am presuming) so that automatically gives the court a reason to by on your companies side. If I were you I would tell them that you were going to post what they did to you on every ESL board that you know of (along with the name of their company) and that everytime someone tries to get a job with them they will do a search and see your post. They may be embarrassed by what they are doing to you and give you your money.
(I was going to do this (I never told them though) but whatever it was was worked out)
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GambateBingBangBOOM



Joined: 04 Nov 2003
Posts: 2021
Location: Japan

PostPosted: Sat Dec 01, 2007 4:37 am    Post subject: Reply with quote

Does it say in your contract that you get this? If it does, then you should. If it doesn't, then you aren't likely going to get it. If you are going on just what you heard the law says, then you should know that sometimes Japanese laws are worded so that things like mandatory bonuses etc are only required when the employee is Japanese, or when the employee isn't under contract.

Quote:
my rights ... don`t seem to be worth much in this country to be honest.


This is exactly it. Unless you were specifically prominsed it in your contract, then I don't think it's the kind of thing you should really break your contract over.

If you post about the company itself, then you can expect other companies to get word that it is you doing it (they will want to know to protect themselves from the same thing happening to them), and that could well lead to you never working in this country again.
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robinnn



Joined: 24 May 2006
Posts: 83
Location: Spain

PostPosted: Sun Dec 02, 2007 5:16 pm    Post subject: Reply with quote

How would anybody find out it was me posting warnings about a school, if I didn`t make my personal information available and I didn`t tell anyone I was doing it? I could be anybody, I could be Elton John!
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Mon Dec 03, 2007 1:47 am    Post subject: Reply with quote

I dont see a problem with posting about your school. I mean, you wouldnt want others to be put in the same situation as you would you? When I found out about my school, I did searches all over the internet. I didnt find anything crazy bad about my school (mainly because before we got there, and when the old recruiter was there, things were fine, and they are fine again because they have a new recruiter, so only the time in the middle was really bad).
But I think that people should know what to expect if they work for that school, and they would never know it was you especially if this is a big problem that everyone is having with this particular school...
But like they said before, if it is not in your contract then you should expect it...not all companies follow the rules...it really comes down to your contract...
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benshi



Joined: 16 Feb 2007
Posts: 48

PostPosted: Mon Dec 03, 2007 2:49 am    Post subject: Reply with quote

You DO have certain rights under Japanese law. Educate yourself--find out what the laws are, and seek legal redress if your rights are being violated.

Don't be a victim. You have the same legal rights as any employee in Japan.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Mon Dec 03, 2007 3:34 am    Post subject: Reply with quote

Benshi, do you think that it will make matters worse if she tries to go to the law with it? Because they are all Japanese, it seems to me that Japanese are going to side with Japanese most of the time. For example; a guy at my company (and who lived in my apartment building) had this crazy guy live next to him. He was always doing really crazy stuff (scary actually) but nothing life threatening...well one day he pulled a knife out during an argument (the man was banging on the guys wall at like 12 at night so he went out to talk to him). The guy moved, he said that if he would have called the cops the crazy guy could have said anything he wanted and it would have just made the situation worse. So, I wouldnt say that going through the law is a good choice unless you speak perfect Japanese...
I say go the back road to get the matter solved...you know how much image means to companies, maybe saying that you will post a thread about what has happened would be enough to get what you want...
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