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Can I transfer a specialist in humanities visa after 3 months or do I have to wait 6 months?
yanpa wrote:"moved back here"= Japan?Can I transfer a specialist in humanities visa after 3 months or do I have to wait 6 months?
Transfer to what?
Isn't there some kind of labour standards office you can visit?
Samurai_Jerk wrote:As yanpa mentioned, labor standards offices are a good resource. They give free consultations, will mediate for free, and at least some locations have English interpreters. They won't take sides but a call from them is often enough to scare shady employers into compliance.
Samurai_Jerk wrote: If you are out of status (in your case not working) for 6 months (don't quote me on that), you might lose your permission to be here and have to leave.
kurogane wrote:Go to your local Hello Work!
Samurai_Jerk wrote:First of all, labor law always supersedes an employment contract and courts in Japan are very labor friendly. By Japanese labor law you only have to give *two weeks' notice when you quit. An employer cannot withhold pay from you under any circumstances to cover the cost of your leaving or as punishment even if you give less than the legally required notice. In theory they could sue you for damages if you give less than two weeks but it probably wouldn't be worth their while. If you are classifies as a permanent employee (正社員) or contractor (契約社員) they have to give you one month's notice or one month's pay in lieu of notice if they fire you. However, I'm not sure if that applies to people who've already given notice. Also, there must be a reason for firing you unless you are in the probationary period (試用期間) which must be stated in your contract if there is one. Also, they have to have warned you in writing multiple times if there is a reason and given you specific goals for improvement and time to have achieved those goals. This may not apply in cases of misconduct, especially if you've broken the law. Also, one again I'm not sure how already having given notice affects that.
FYI, the Japanese government has been nice enough to translate labor standards into English and post them online: http://www.jil.go.jp/english/laws/index.html
As yanpa mentioned, labor standards offices are a good resource. They give free consultations, will mediate for free, and at least some locations have English interpreters. They won't take sides but a call from them is often enough to scare shady employers into compliance.
There's no transferring a visa. You have to have a job to stay here as a specialist in humanities but your status is not tied to a particular company. If you are out of status (in your case not working) for 6 months (don't quote me on that), you might lose your permission to be here and have to leave. Note that working part-time while looking for another company to sponsor you is common but technically illegal.
*One month for managers but the definition of who is and is not a manager is fairly strict. In other words they can't just call you a manage to make it harder for you to quit at short notice.
wagyl wrote:Samurai_Jerk wrote:As yanpa mentioned, labor standards offices are a good resource. They give free consultations, will mediate for free, and at least some locations have English interpreters. They won't take sides but a call from them is often enough to scare shady employers into compliance.
Yes, first port of call should be the Labour Standards Inspection Office responsible for the address of the place of employment. A quick search failed to find a handy list of addresses online so don't ask.Samurai_Jerk wrote: If you are out of status (in your case not working) for 6 months (don't quote me on that), you might lose your permission to be here and have to leave.
It was over ten years ago when I last had reason to look carefully at those regulations and various parts of the immigration control system have changed since then, but 10 years ago I think it was three months to find your next job in. Once again, a quick search does not bring up online support for either three months or six months, so don't ask.
If you have detected a slightly pissed off tone to my reply, it is probably because of your "the deck is stacked against gaijin" defeatism. Yes it is important to be realistic about how you look to bureaucrats and officials when you can't explain your position eloquently in their language, but that is the same in any country of the world. You knew very well what you were coming back to, and you have in no small part permitted yourself to be put in this position. No, that doesn't mean that you have to take it up the arse, and I am confident that your position is better than you think at the moment if you take the advice given above, but Jeez Louise, some posters here have trouble follow them around everywhere they go (you know who you are). Some of them are just unlucky, some of them walk into the same difficult situations each and every time. I will leave it to you to guess which category you are in.
Oh, and your "I heard somewhere" information, you have form there too. Go to primary sources whenever you can, don't rely on what random dudes on the internet have to say. They honestly don't care if you fry or not.
wangta wrote:Thank you for all that - really appreciated. I didn't think anybody would have the time to answer as I know you and most others on these forums are busy doing some seriously heavy work. I'm very grateful. I don't want to leave this job on a whim - I've never left a job early, I've always completed my working contracts even in the last place in Jp that was a graveyard for any kind of social life or contacts.
I want to give notice but have been spooked by those nasty clauses which I knew were probably illegal. Strangely enough the owner of the place I work at is not that bad a person but as they had the gall to put such clauses in the contract and have done it for years, I am sure they would tell me I have to pay the 'penalty' in the contract for not completing it and possibly try to make other trouble. There have been a number of incidents since I started working that tell me I don't want to be around here that much longer.
I am very professional in any job and the school's lack of it has started to add up to the point where I can see that they do these things with no thought because they've had a long line of suckers before. These things are not the kinds of things you make a list of to the labour office but they do show what the employer thinks is usual.
Thanks to for answering the questions about timelines as best as you could. I have a suspicion that the laws governing how long you can stay with an employer before you give notice have changed but if I don't know it and I've been strictly in eikaiwa in Japan, then I can't expect others in different lines of work to know it. Thanks again.
Mike Oxlong wrote:wangta wrote:Thank you for all that - really appreciated. I didn't think anybody would have the time to answer as I know you and most others on these forums are busy doing some seriously heavy work. I'm very grateful. I don't want to leave this job on a whim - I've never left a job early, I've always completed my working contracts even in the last place in Jp that was a graveyard for any kind of social life or contacts.
I want to give notice but have been spooked by those nasty clauses which I knew were probably illegal. Strangely enough the owner of the place I work at is not that bad a person but as they had the gall to put such clauses in the contract and have done it for years, I am sure they would tell me I have to pay the 'penalty' in the contract for not completing it and possibly try to make other trouble. There have been a number of incidents since I started working that tell me I don't want to be around here that much longer.
I am very professional in any job and the school's lack of it has started to add up to the point where I can see that they do these things with no thought because they've had a long line of suckers before. These things are not the kinds of things you make a list of to the labour office but they do show what the employer thinks is usual.
Thanks to for answering the questions about timelines as best as you could. I have a suspicion that the laws governing how long you can stay with an employer before you give notice have changed but if I don't know it and I've been strictly in eikaiwa in Japan, then I can't expect others in different lines of work to know it. Thanks again.
Why sign a contract you know contains "nasty clauses you knew were probably illegal"? You came back (from wherever) to take a job with a contract full of suspicious bits? What was the reason for that? And, if you knew it might come to this, why weren't you researching your options from the beginning? This situation doesn't make a lot of sense.
Also, I think the only labor standards office that can help you is one in charge of your region.
Mike Oxlong wrote:Also, I think the only labor standards office that can help you is one in charge of your region.
Mike Oxlong wrote:wangta wrote:Thank you for all that - really appreciated. I didn't think anybody would have the time to answer as I know you and most others on these forums are busy doing some seriously heavy work. I'm very grateful. I don't want to leave this job on a whim - I've never left a job early, I've always completed my working contracts even in the last place in Jp that was a graveyard for any kind of social life or contacts.
I want to give notice but have been spooked by those nasty clauses which I knew were probably illegal. Strangely enough the owner of the place I work at is not that bad a person but as they had the gall to put such clauses in the contract and have done it for years, I am sure they would tell me I have to pay the 'penalty' in the contract for not completing it and possibly try to make other trouble. There have been a number of incidents since I started working that tell me I don't want to be around here that much longer.
I am very professional in any job and the school's lack of it has started to add up to the point where I can see that they do these things with no thought because they've had a long line of suckers before. These things are not the kinds of things you make a list of to the labour office but they do show what the employer thinks is usual.
Thanks to for answering the questions about timelines as best as you could. I have a suspicion that the laws governing how long you can stay with an employer before you give notice have changed but if I don't know it and I've been strictly in eikaiwa in Japan, then I can't expect others in different lines of work to know it. Thanks again.
Why sign a contract you know contains "nasty clauses you knew were probably illegal"? You came back (from wherever) to take a job with a contract full of suspicious bits? What was the reason for that? And, if you knew it might come to this, why weren't you researching your options from the beginning? This situation doesn't make a lot of sense.
Also, I think the only labor standards office that can help you is one in charge of your region.
wangta wrote:not until I can find out how soon I can give notice under the new Immi laws for gaijin employees that came into effect a few years ago.
wagyl wrote:What has changed is that the employer is now obliged to advise Immigration that you are now no longer in their employ, so that you are less likely to get away with an extended tourist experience after resigning.
omae mona wrote:Great summary, waggly. That's not a nickname I made up for you, it's what my auto-correct changed your name to. But I kind of like it, so I am going to leave it!wagyl wrote:What has changed is that the employer is now obliged to advise Immigration that you are now no longer in their employ, so that you are less likely to get away with an extended tourist experience after resigning.
Regarding that, I remember doing a bit of internet search last year on this topic, because I was under the same impression. But in the end, I couldn't find a rule that obligated employers. I did find procedures (an official web site, maybe?) for employers to do this reporting, but it seemed voluntary. Did you find something concrete?
外国人を雇用した時は...。
雇用対策法に基づく外国人雇用状況の届出が義務づけられている事業主の方は,外国人(「特別永住
者」,「外交」及び「公用」は除く。)を雇用した場合や外国人が離職した場合は,ハローワークへ届出をし
てください。
事業主の外国人雇用状況の届出義務
雇用対策法(平成19年10月1日施行)に基づき、外国人を雇用する事業主には、外国人労働者の雇入れおよび離職の際に、その氏名、在留資格などについて、ハローワークへ届け出ることが義務づけられています。
wagyl wrote:Immigration law does not and has never tied you to remain at an employer. No matter what your mate down the pub thought.
wangta wrote:I have a suspicion that the laws governing how long you can stay with an employer before you give notice have changed but if I don't know it and I've been strictly in eikaiwa in Japan, then I can't expect others in different lines of work to know it. Thanks again.
wangta wrote:So I signed a contract with an eikaiwa quickly and moved back here quickly to help out a school. Now that I am having some doubts about how long I want to put up with what has been the most unusual working experience of my life, I'd be grateful if anybody can clarify what I think about the contract.
I have to give 3 months notice to leave and even then according to the contract I can be up for juman yen (1,000 bucks) so they can find a replacement. I presume the money is for ads but I think it's just another nasty little way to prevent disgruntled teachers from leaving - punish them in the pocket.
They also say they can fire me with only 2 weeks warning in the contract. Yes this is an arsehole contract and can I validly challenge it under Jp Labor Law if they try to make life difficult for me if I go early? I'd also appreciate any info about when I can transfer a visa. Mine isn't that old at the moment, I didn't start this job that long ago. Can I transfer a specialist in humanities visa after 3 months or do I have to wait 6 months? Thanks for any advice.
havill wrote:wangta wrote:... eikaiwa ... teacher ...
TLDR: what the other people said here.
wagyl wrote:and the primary source:事業主の外国人雇用状況の届出義務
雇用対策法(平成19年10月1日施行)に基づき、外国人を雇用する事業主には、外国人労働者の雇入れおよび離職の際に、その氏名、在留資格などについて、ハローワークへ届け出ることが義務づけられています。
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