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midnightpariah · Joined: 26 May 2007 Posts: 85

I'm really upset. I've recently changed jobs and am now regretting it.

I was working for an eikaiwa and though I was happy with my job, I really wanted to get out of the eikaiwa style lessons and teach in an international school since I am a certified teacher. I interviewed for a few positions and got offered a few positions, but I took the one that I felt would be the best fit for me and had the most perks. This is what was promised to me:

Hours: 8am - 4:30 pm
Days: Monday - Friday
Location: 5 minute walk from work (and a relocation bonus) or a cheaper place, but I would have to ride the bus (no relocation bonus, but transportation fees covered.) I took the former because I wanted to live close to work.
Class: Preschool 3 and 4 year-old students. (only)
Start Date: August 22nd (for teachers) and Sept. 1st (for students)

I moved on August 5th and did a week of summer school. It was great. The hours were wonderful. I had time to spend with my husband. I didn't have to ride buses or trains anymore. I felt that I had made the right decision.

After doing a week of summer school, I had a week off. I was called in on August 18th for a meeting with my boss. He told me that enrollment numbers were low and that they could only make one class (instead of the two that they had originally predicted). He told me that I had to switch to a different branch of the school. He said that it was still a preschool teaching job and he wanted me to go into the other branch and talk with the principal there. I agreed. When I got there I was told that I would have the following:

Hours: 9am - 6pm
Days: Tuesday- Saturday
Location: About 75 minutes one way by bus and subway
Class: Preschool 1.5 - 3 year old students (4 days a week), plus eikaiwa style classes after the preschool dismisses and all day Saturday.
Start Date: August 22nd

The preschool goes from Monday to Friday, but another teacher will be teaching my class on Mondays so that I can work on Saturdays.

I haven't been given a new contract and haven't signed anything. I did this schedule for a week and it really sucked. I was spending 13 hours a day away from home. It was exhausting. This work itself was fine, but the commute was killer. I talked to my new boss about moving closer, but he said he has to talk with my old boss about it first.

I am unsure what to do about this situation. I wouldn't have left my old job if I would have known, but unfortunately I can't go back to my old job because I spent all of my savings on the moving truck and the apartment deposits/key money (plus I signed a lease). I feel like I've been backed into a corner. What do the labor laws have to say about this kind of situation? I'm afraid of rocking the boat because they could just give me a month's pay and hire someone else and, since I live in the middle of nowhere, it would be difficult for me to find a new job.

It's Scary! · Joined: 17 Apr 2011 Posts: 823

midnightpariah · Joined: 26 May 2007 Posts: 85

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

Labor laws say the contract cannot be changed without both parties' consent. You have also been asked to do things that are clearly not in your original contract, so it's up to you to decide whether you want to negotiate or raise the legality of the issue.

See Article 15 (especially sub-clause 2) for the point about existing conditions differing from your current contract.
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf

midnightpariah · Joined: 26 May 2007 Posts: 85

seklarwia · Posted: Sun Aug 28, 2011 6:01 am Post subject:

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

I'm still a little confused. Did you relocate to take this job? If so, then yes, they should own up to their stupidity in failing to predict enrollment, and help defray at least some of the costs you incurred (not "occurred").

Who paid key money, you or them?

What have they said so far about this difference in work schedules compared to the original contract? (I'll guess nothing, but it would be interesting to know.)

Is this in the Fukushima region?

Is this truly an international school, or just one in name only?

What exactly did you and that other principal talk about, and what did you agree to then? You don't want to get too deep into teaching without being able to fix it. I hope you didn't sign anything about a new contract yet!

midnightpariah · Joined: 26 May 2007 Posts: 85

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

It's late at night here, but my initial gut feeling is that they are the ones at fault, so you should not have to reimburse them for key money.

Tomorrow is Monday. At your earliest convenience, I would have a polite but professional meeting with either boss (preferably both). Your whole situation is different than what you were hired for. None of it is your fault, so you should have nothing to do with compensating the employer. Quite the reverse. If you don't want the job you're given (and don't expect to be given the one you were hired to do), get out ASAP.

If it comes to legal procedures, use this to locate a suitable labor standards office.
http://nambufwc.org/info/utu/UTU.Info%5B2ndEd.2%5D.pdf

BTW,
How did they plan to pay your relocation fee? In installments in your paycheck? In a lump sum separately from a paycheck? When?

You said they have said nothing about this change in your original contract. I would be very curious to know what the second person (principal?) said about your job and responsibilities when you met him.

As for the location not being Fukushima, you're close enough to explain why they didn't get as many students this year. It was more a matter of getting fewer than hoped, not predicted, IMO.

midnightpariah · Joined: 26 May 2007 Posts: 85

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

I suspect your relocation reimbursement is coming in 2 steps to avoid heavier taxes in just one paycheck. Seems reasonable and courteous of them.

Best of luck on the whole matter of contracts. I wonder what the two people you dealt with have said to each other. Keep us informed of your progress.

bobbysix · Joined: 07 Oct 2010 Posts: 23

As far as I know, there are no certified international schools in Sendai - I think you mean a school that is international in name only.

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

According to this web site, there is only one.
http://www.tokyowithkids.com/fyi/international_schools.html#sendai

midnightpariah · Joined: 26 May 2007 Posts: 85

I talked with both "bosses" several times. The only thing they offered me was to let me leave an hour early 2 days a week. I still don't have a new contract (even though I've asked 4 times now). The total commute time is 3 hours a day. I leave my house at 7:30 am and don't get home until 8:00 pm.

In the end, they just applied my relocation fee to the amount owed for my deposit/key money on the apartment.

I don't want to name the school just in case they come here. I need to save up a bit more money so that I can get home and live comfortably for a few months while searching for a new job. This whole experience has sucked and now I just want to go back home.

spidr245 · Joined: 26 Nov 2008 Posts: 60

Since they're so bad, it's all the more reason that you name the school so that others avoid the school (especially after you leave). It's understandable that you don't want to name them. But in the end, you are doing the school a service by not naming them.