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Appletreesrtall
Joined: 09 Oct 2007
Posts: 56
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 Posted: Mon Nov 09, 2009 7:06 am Post subject: Contract...sick days... influenza.. |
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Ugh, so I caught the influenza bug. I was pretty much put in quarantine at my apartment, and am on my 5th day. The doctor said I need to rest for one week, and to not leave my apartment.
What stinks about this is, I have no sick days in my contract (oh yes, I am ignorant and naive to have overlooked this, but I did, thus one of my many reasons of resigning).
I can understand that I am the only teacher at this small eikaiwa, and that finding a replacement teacher can be hard.. even if I did have a normal cold, if I need a day off, I can see that being unpaid. But since this was influenza, and I was forced to stay at home, can I not argue that?
I just don't want to give up something soo easily when I kinda had no say on the matter of going to work or not in the first place, since I was forced to stay home. |
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Apsara
Joined: 20 Sep 2005
Posts: 2142
Location: Tokyo, Japan
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| Posted: Mon Nov 09, 2009 1:06 pm Post subject: Re: Contract...sick days... influenza.. |
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| Appletreesrtall wrote: |
What stinks about this is, I have no sick days in my contract (oh yes, I am ignorant and naive to have overlooked this, but I did, thus one of my many reasons of resigning).
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Before you resign based partly on lack of sick days, paid sick days are very rare in the eikaiwa world. I never had any at any of the eikaiwas I worked at. Sometimes they let you use your paid holidays to cover the sick days, but that's about it.
I just checked with my husband, who is a permanent employee at an insurance company, and he doesn't have paid sick days either- he either makes up the hours later or uses his paid holidays.
Last edited by Apsara on Mon Nov 09, 2009 10:55 pm; edited 1 time in total |
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Appletreesrtall
Joined: 09 Oct 2007
Posts: 56
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| Posted: Mon Nov 09, 2009 1:43 pm Post subject: |
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LOL, well I'm not just quitting because of that. There are other things on top of it all, but I still can't believe it all..... no flippin sick days. And I mean I understand if you're sick you can still try to work through the coughs and runny noses and whatnot, but with this, I was told I -had- to go home, so I didn't even have a say in the matter.
I can even understand a 50% pay on sick days or something. -AND- Although I have basically worked enough overtime to cover these days, my boss will not recognize that I have worked (I worked until 9:30, when my shift ends at 9, and I -have- to get work done). Its just one thing after another here.... |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Mon Nov 09, 2009 1:54 pm Post subject: |
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| Appletreesrtall wrote: |
| LOL, well I'm not just quitting because of that. There are other things on top of it all, but I still can't believe it all..... no flippin sick days. |
I suggest you get over it. It is a huge cultural difference, and you said it yourself when you wrote: " I am ignorant and naive".
Stop blaming the country.
As for not getting paid, you will get paid if you take the days as paid vacation.
Otherwise, look at these clauses in the Labor Laws:
Article 75. In the event that a worker suffers an
injury or illness in the course of duties, the employer shall
furnish necessary medical treatment at his expense or shall
bear the expense for necessary medical treatment.
2. The scope of illness in the course of duties and of
medical treatment prescribed in the preceding paragraph
shall be prescribed by Ordinance of the Ministry of Health,
Labor and Welfare.
(Compensation for Absence from Work)
Article 76. In the event that a worker does not receive
wages because the worker is unable to work by reason of the
medical treatment pursuant to the provision of the
preceding paragraph, the employer shall provide
compensation for absence from work at the rate of 60
percent of the worker's average wage.
Don't know if you caught the influenza at work, or if the above applies, but you might want to consider looking into it instead of blaming the country.
| Quote: |
| Although I have basically worked enough overtime to cover these days, my boss will not recognize that I have worked (I worked until 9:30, when my shift ends at 9, and I -have- to get work done). |
Explain more fully what you mean by the fact that your boss doesn't recognize the fact that you work. If he is not counting that 30 minutes, then don't work it unless you are guaranteed to be paid for it.
(Increased Wages for Overtime Work, Work on Rest Days and Night Work)
Article 37. In the event that an employer extends
working hours or has a worker work on rest days pursuant
to the provisions of Article 33 or paragraph 1 of the
preceding Article, the employer shall pay increased wages
for work during such hours or on such days at a rate no
lower than the rate stipulated by Cabinet Order within the
range of no less than 25 percent and no more than 50
percent over the normal wage per working hour or working
day. |
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Appletreesrtall
Joined: 09 Oct 2007
Posts: 56
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| Posted: Mon Nov 09, 2009 2:08 pm Post subject: |
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Hi Glenski
Goodness gracious, I didn't think I was blaming the country, yet you brought that up in your post a few times. Sorry if I offended anyone with my realizations here. Maybe I was venting a little too. And ouch, I know I said I was ignorant and naive to -overlook sick days-, but ya didn't need to bring it up again. Little bit more insult than what I needed.
I don't have days I can claim as paid vacation days. I only have fixed vacation days, which are based around the holidays. It states in my contract that for whatever reason, time taken off the fixed days are unpaid leave.
And considering my schedule, I am either at work, or at my apartment. I can't imagine catching influenza elsewhere, but who knows.
Anyways, thanks for the information. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Mon Nov 09, 2009 10:10 pm Post subject: |
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| Appletreesrtall wrote: |
| I don't have days I can claim as paid vacation days. I only have fixed vacation days, which are based around the holidays. It states in my contract that for whatever reason, time taken off the fixed days are unpaid leave. |
Illegal after you have worked there 6 months. After that time you are entitled to 10 days per the next 12 months. When you take them is your prerogative.
Not trying to sound harsh, but you were the one who agreed to the contract terms, idiotic as they may be. Just because they are in the contract doesn't make them right, too. How long have you worked for him?
I understand the situation you are in, but the employer would take off days when he is sick, so you are entitled to the same thing by law. He can't reasonably expect his employees to be sick only during the paid vacation days. And even though I fully understand (but disagree with) the J notion of coming to work until you are almost dead, if he is the one who told you to stay home because of influenza, then there's another excuse.
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
see p.37 for schedule of accruing paid days off. |
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