Job Discussion Forums

Nagoya_Gal · Joined: 09 May 2008 Posts: 8

Hello everyone. I have used the search function, but I am unable to find the specific information I am looking for. I hope you can provide some feedback or advice. At the end of April, I gave my current boss 30 days notice that I was resigning. It is now nearing the end of my 30 days, and I am starting my new job in June. However, my current boss mentioned to me yesterday that I cannot work at another job in Japan, as she is going to cancel my Visa. She then proceeded to tell me that I might be able to work in Japan again if I go back to my home country, and get an employer to sponsor a new Work Visa for me. Then, according to her, I am then eligible to come back to Japan to work. On top of that, she said that a new law was implemented on December 2nd, 2007, and that this new law "required all schools to cancel Work Visa's when people quit". She emphasized that I have NO CHOICE in the matter... she said I have to leave the country. As far as I know, through prior experience and knowledge, my Visa is mine, and there is no way she can cancel it. I called my new employer, and they said, too, that the Visa is mine, and I am legally allowed to change jobs. I am pretty sure that the new employer is right. Does anyone have any feedback on what to say/ do to the soon-to-be former boss? I am leaving this school (after only 3 months!) because right from the beginning the truth has been "stretched" on several occasions. Thank you in advance for your help and advice.

fluffyhamster · Posted: Wed May 21, 2008 3:34 pm Post subject:

Immigration will know full well when people have finished one job but not found another job/sponsor - it is known as 'overstaying one's visa' LOL - so quite why your boss feels so compelled to report your situation to them is most likely due to vindictiveness (or even an attempt to intimidate you into staying on?) on her part; that being said, you should check further to see if there is indeed a law that's been passed which would make Japan's visa system more like Korea's (but this is the first I've heard of it though). I'll have a search myself and try to get back to you if I find anything conclusive either way.

So I imagine (hope!) that she is just bluffing, and that you will be able to renew your visa with your new employer no problem. One thing you should probably anticipate though is that she might not want to give you a letter of release/certificate of employment (although that would be your legal right), which could raise a question/request for one at Immigration (but surely not an outright rejection of the renewal of your visa - the important thing seems to be that you have that new sponsor who is satisfied that you will be a safe bet for the proposed duration. I recall a thread where Immigration just shrugged when a teacher replied that the past employer simply hadn't provided one, and got on with processing his visa).

I suppose that all you can do is ask her just before or as you leave (if after, she might be too "busy" or "forgetful" etc - see 'vindictive' above LOL).

Anyway I doubt if a parting formality like that would be something that you'd end up having to wage a legal battle over - like I say, Immigration seems to be a lot more reasonable than many employers!

http://forums.eslcafe.com/job/viewtopic.php?p=643098#643098

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

What did you to do tick off this boss? Geez! You gave 30 days notice and only at the very end did she do this to you? I say again...geez!

She is lying. There is no such law. The visa is yours until it expires.

Call immigration from her office on her phone and confirm. Make it a ploy if you have to. "Oh, I need to check on the procedure for that December law. I heard we both have to go down to immigration and do something. Let's use your phone right now...."

Then ask THE question.

Oh, by the way, your current boss is obligated by law to give you a formal letter of release so that you can change visa sponsors. A REAL law!

fluffyhamster · Posted: Wed May 21, 2008 10:32 pm Post subject:

I doubt if Nagoya Gal did anything to tick her boss off, Glenski, other than handing in her notice. Many bosses here in Asia just seem to be psychotic control freaks, petty big fish in small stinking scum ponds.

Anyway, I just thought I'd see if I could find anything about this supposed new law, and yup, you guessed it, there was zilch, nadda, no change-o that I could see to the existing regulations. The only way then still that a work visa (or rather, Period of Stay) can really end (be ended) is if one hasn't found a new sponsor in good time (i.e. before the expiry of the PoS).

Apsara · Joined: 20 Sep 2005 Posts: 2142 Location: Tokyo, Japan

That's not the first time I've heard of employers making that kind of threat. As the others have said, no such law. Just ignore her, or call her bluff and phone Immigration from her office as Glenski said and you will probably see some quick back-pedalling.

You might want to point out to her the hundreds if not thousands of Nova teachers who got new jobs without having to leave the country, and they weren't granted any special circumstances.

benshi · Joined: 16 Feb 2007 Posts: 48

I work with the visa process at my company, and I'll add my voice to those who agree that your boss is blowing smoke out of her vindictive tuchis. As Glenski mentioned, it only becomes an issue when you go to renew your visa, and your former employer is required by law to provide a Letter of Release (detailing dates of employment and the fact that you are no longer employed by them.)

Feel free to horselaugh in her face . . .

Nagoya_Gal · Joined: 09 May 2008 Posts: 8

Thank you very, very much everyone for your feedback! I really appreciate it. I lived in Japan before, from 2001-2004, and I had changed jobs in that time period, so I am familiar with the process. I haven't been aware of any recent Work Visa changes.
I came back to Japan (not Nagoya, even though my forum name is Nagoya_Gal) in February of this year, and knew right off the bat that the employer I started to work for was a little odd. I gave my boss 30 days notice last month, after only have worked there for 8 weeks. She knows I am familiar with working in Japan, which is why I think she said it was a "new law". I don't think she knows how disgruntled I have been with her actions, right from the beginning. I have tried to be as diplomatic with her as possible, even though I don't trust her. There are have been other instances of "stretching the truth". For example, I would walk into what I think would be normal lesson, and there would be trial students mixed in with the regular students. This would cause me to scramble last minute for extra handouts/ materials. This bothered me, as I like to be prepared well for every lesson. When I asked my boss later why she didn't tell me about the trial lessons, she just laughed, like she was brushing it off, trying to be cool, and replied, "I told you about it... ha ha!". However, I didn't laugh back, as I could see she was lying, and never told me about it. Anyways, little "lies", such as the new regulations, and "telling me about trial students" are just a few of the facts that have been altered or stretched by this boss. Another example is when the school advertises to prospective teachers, the job description says teachers can make 250,000 - 280,000 per month. When I got my contract, it said only 250,000 per month. When I inquired to my boss, as to when raises or bonuses may occur, she said that "oh no, there are no raises or bonuses. You can only make 250,000 per month." Don't get me wrong, I love Japan, and I know that this is not by any means a typical employer. Her face was so serious when she told me about the "new Visa law", and she even pretended to go to her computer to check the new law. I think she is trying to punish me somehow.... The previous teacher wasn't able to design curriculum or make handouts by himself, so she did all the work for him. The school allows teacher to create their own worksheets, as long as they follow the topic that is assigned for that month. However, I have never asked her to make a worksheet or lesson for me, and I think that bothers her. I am just as capable as her, and she is no longer the "queen bee" everyone turns to for help. I guess it is a power thing. Again, thank you everyone for your input. It really has made me feel better, and I am confident I wil be able to transition into the new job in Nagoya smoothly.

Nagoya_Gal · Joined: 09 May 2008 Posts: 8

I really like Glenski's idea of phoning the immigration office right from her phone. I am definitely going to ask her for a Letter of Release. Also, excellent point, Aspara, about all the Nova teachers! I never even thought of that, and it makes sense, considering the "timing of the new law" (Dec. 2nd, 2007) according to my current boss, and the timing that Nova teachers were out of work. If that new law were true, all those Nova teachers would have had to leave Japan. Thanks also, to everyone else who replied.

GambateBingBangBOOM · Joined: 04 Nov 2003 Posts: 2021 Location: Japan

It's not the first time I've heard of Japanese people in authority just lying about the law. It's happened to me in the past. I asked to see what he was talking about, he showed me something in Japanese. I asked him to unerline the actual part he was talking about, so he underlined part. I then translated that part into English (he was fluent in English) because it had absolutely nothing even remotely similar to what he said written there. He said I had mistranslated it, so I showed it to one of my Japanese friends. I hadn't mistranslated it.

As others have mentioned, there is no such law. Just look in your passport, and look at your visa for yourself. It'll be written in English as well as Japanese. It will say when it's valid until and the type.

If you really want to worry her, tell her to give you a copy of that law that she printed looked at in front of you, because you have already made an appointment with English speaking legal services and they have told you to bring it, along with the correct spelling in Japanese of the employer's name and officially listed company name.

AndyH · Joined: 30 Sep 2004 Posts: 417

Ganbatte, Nagoya Gal! Let us know how things turn out for you! Very Happy

Hoser · Joined: 19 Mar 2005 Posts: 694 Location: Toronto, Canada

Speaking of this letter of release, is that necessary when you need to get a new visa and have changed jobs? What happens to us former Nova people? I wonder if we got something like that in the package we got from the trustees. I don't recall seeing anything like that.

Nagoya_Gal · Joined: 09 May 2008 Posts: 8

I have another quick question... I had 4 days off during Golden Week, which are "paid" days off according to my contract. I am worried that when I get my final pay on Monday, I am not going to be paid for these 4 Golden Week days. I am going to ask my boss tomorrow. I have given my 30 days notice, but my contract says I must give 4 months notice, otherwise the contract is broken. I know that Japanese law states that one month's notice is sufficient. I have a feeling that my boss is going to tell me that I won't be paid for Golden Week days off because I only gave 30 days notice, and not the contract-stated 4 months. Is it legal for my contract to state that I need to give 4 months notice?

GambateBingBangBOOM · Joined: 04 Nov 2003 Posts: 2021 Location: Japan

Four months is a really long time (the contracts I've seen specify four WEEKS). It may not be enforcable in a court of law, but chances are you won't ever be in a court of law. However, future employers may contact your employer for a reference.

If you signed a contract that stipulates giving four months notice (which, IMO, would be a bit of a silly thing to do) then you should have given four months notice. If a future employer calls your current employer to ask about you, then they may well be told that you broke your contract. Period. Because that's what you did.

If I were you I wouldn't ask about the four days, I would just assume that they will be there and talk to them later if they aren't. Chances are if they've decided not to give them to you, they aren't going to just by you asking. But, if they've forgotten about them, then you'll have reminded them and they may just refuse to pay you for them. These are already people who have lied to you about what they can and will do to you for leaving. At this point you should be thinking of just cutting your losses and moving on. If they say yes, they'll pay you, it may be a lie. If they say no, they won't pay you, that too may be a lie. There's very little point in worrying about 'the law' because 1. You won't be in a Japanese court room over this and 2. If you were, chances are that it would cost you far more than you could actually get and 3. You would be a contract-breaking-gaijin bringing an hounourable Japanese employer to court. You would almost definately lose.

(Doesn't Japanese law stipulate two weeks?)

Nagoya_Gal · Joined: 09 May 2008 Posts: 8

Oh, ok... thanks for the advice. I am probably not going to say anything about the 4 days during Golden Week - I don't want to plant seeds in my employer's head. I would have given 4 months notice, but honestly I don't think I could survive 4 months more there. 30 days has been hard enough.

The_Hanged_Man · Joined: 10 Oct 2004 Posts: 224 Location: Tbilisi, Georgia