Public holidays ;)

[akatsuka]

I've been searching on line with different answers, so was wondering if anyone here knew the answer, or at least where I could gain a concrete answer...

The question!
My company have decided to not pay me for public holidays. As the office is shut on public holidays, I can't go to work even if I wanted to, so find it unfair that they should dock my wages. Is there any law that say public holidays have to be paid, or is my company 'stretching' the law to their own benefit?

Thanks

[Osakadave]

Just checking, due to your listed location - it's a Japanese company in Japan, yes?

If I remember correctly, no, there's not. but it may depend on the type of work, as well as what's in your contract and work code. If paid public holidays are written into the contract and/or work code, you may have a case, but if not you may just be SOL.

There are two basic courses you can persue. One is to get ahold of one of the unions. You'll have to join of course, if they take up your course - the trade union laws state that they can't consult with non-members. And even then, they may or may not have the resources to devote to your particular case.

The other course is to consult a labor lawyer. This would most likely be more expensive, and may end up with the same result.

In either case, you need to ask how much is it worth to you to get into a fight over this considering how long you've been in the job, how long you've planned to stay in it, and how much trouble the money's worth.

[akatsuka]

Yes, I'm in Japan now, sorry I should update my status. Thanks alot for your advice. My contract is very... open ended... I'm going to get in contact with a union and see what they say before making any decisions.

[Osakadave]

Yes, I'm in Japan now, sorry I should update my status. Thanks alot for your advice. My contract is very... open ended... I'm going to get in contact with a union and see what they say before making any decisions.

An assortment of questions they'll likely ask and which will help determine how mucgh they can help you:

What kind of work are you doing? What size of company? How long have you been there?

What sort of contract are you on - yearly, "lifetime", part-time, full-time?

Is there a work code available at your work place? (Holidays may be specified in there if there is. I don't think they would be, but they might. And if there isn't, it's a violation of the labor standards law.)

Are there any other employees (FG or J) in the same boat? (If you've got others who are interested it should make it easier.)

For Kansai, Chubu, and most points west: http://www.generalunion.org/
For Kanto and points east: http://nambufwc.org/
For Kyushu: http://fukuoka.generalunion.org/index.html

If you fall under the GU (Kansai, Chubu), I know who specifically to speak with at the GU. For Eikaiwa and other private Engrish education, you'll want Lee, for regular schools and colleges you'll want Simon, and for non-Engrish teaching jobs either of them or Dennis can help you. For South Americans and Japanese, it's Tomonobu. Those will be the contact points for at least the next month.

I'm not as familiar with who to contact at the NUGW/Nambu or the FGU.

[Samurai_Jerk]

[matsuki]

Are you paid hourly or monthly salary? Is it in your contract? If hourly, doubt you have any juice here. If monthly salary, would seem like they are violating your contract since they are not operational and you are not taking time off.

Another thing to keep in mind is as a FG, your wages have some sort of minimum requirement based upon something like the average salary they pay for your position. (I don't remember the specifics but the issue has come up at every J-company I work for when negotiating my salary)