My Fight with my Employer!

[Fat Man]

2005
All the problems started when I asked my employer for paid holiday and I knew from that day there was a very good chance that my contract would not get renewed, so that`s why I done the following.When I had a look at the rules of employment for it company, it was written that all the teachers are getting paid holidays and many other things.

<1> I joined the Union to improve the working conditions not just for myself but for all of the staff who work at the same company that I was employed at.Unfortunely my employer refused all demands that were made up and didn`t sign any agreements that I thought they would and kept on changing their story all the time when we had collective bargaining.

<2> I got my employer investigated by the Labour Standard Office for having such a contract with so many invaild things written in it as the working conditions have been getting worse and worse over the years.

The contract for all Foreigners was made up by the Japanese Staff in favour of my employer and they are saying that the rules of employment that are registered at the LSO are only for the Japanese and don`t apply to the Foreigners.

When I asked the Japanese staff to have a look at the rules of employment, they would always use some excuse that they are busy or don`t know where they are even though there is suppose to be copy available for all staff in English at the School where more than 10 staff are working.When someone did finally explained them, I didn`t understand what she was saying in English and she refused to give a copy or write them out for me.The rules of employment have some beneifits beyond what is written in all contracts for Foreigners and Japanese.

<3> I enroled myself in unemployment insurance which is required by law if working 20hours a week or more and my employer canceled it the very next day and refused to co-operate with Hello Work.After about three month, I finally got enroled two years back because I have the right.

<4> I have been working for it company for 5years on a one year renewable contract and none of the 20 employees have never taken paid holidays according to the rules of employment that are registered at the Labour Standard Office.When I asked my employer for paid holidays, they threaten to take out the pension, unemployment insurance and health insurance out of my monthly salary even though I don`t qualify for them as I am only contracted to do 25 hours per week.When I told my employer that I will be taking 30 paid holidays, she said that she will cut my salary and not pay for any of them because I signed, read the contract and that I am partime.

Before taking paid holidays, I gave my employer about 2weeks notice in writing, they gave back all letters that I had written and refused to pay for them and even disobeyed an order issued by the Labour Standard Office and deducted more than a days wage for each day that I took off from my monthly salary.

Foreign staff who are fulltime do up to 35hours per week and are not enroled in the pension, unemployment insurance or health insurance even though they are working over 30hours per week but the Japanese staff are.

Instead of handing my contract in April the first day that I started work, I handed mine in July and have both dates written on it.My employer was saying at once stage that I can`t take paid holidays because I had not been working there for 6months from July even though I had started working from April.

The following is written in my contract
1This contract is valid for one year from the issuing date of the employee work visa. <I don`t have a work visa>
2If you are able to work for a year, please write it down so.
3If the employee gets many offers to stay another year from Kindergartens after 1year, it will be possible to discuss about renewal of this contract.

No staff get annual paid holidays but all Foreign teachers gets a small bonus at the end of the year after working for one year which is calculated on ones performance if he/she has not taken extra days off, offered to do cover when a teacher is needed and had a good ratious of students through out the School year.

<5> After handing out flyers to the children parents in front of the School, going back to the Labour Standard Office for a third time, my employer decided to pay up, for only 9 days out of 28, which took them nearly 4months to pay and did not give a proper pay slip as usual like every other month.

<6> The parents wanted to have a meeting with my employer and myself separately but they refused to do such a thing.

<7> They wanted to know why I didn`t go the the Christmas party and why I had taken so many days off from work as not one of the Japanese staff working there said anything to the mothers.

<8> I started a petition by getting all the parents signatures and everybody has become aware of the problems at the company and I asked the children parents who I taught, for a reference as my employer has said that they are not going to renew my contract for another year.

I believe I have been fired for my Union activites, taking paid holidays according to the companys rules of employment and enroling myself in unemployment insurance which is required by law any way.

The manager put a letter on the notice board saying that your contract will finish in March and if you want to apply for a position from April2006, you will have to go for an interview.
It does not say anything in my contract that I have to go for an interview and all Foreigners have always had their contract and visa renewed at the end of the year and nobody has never had to go for an interview before.

1Invaid things in my 2005 contract
The employee is required to open an account at such and so bank.

2The employee must be at the office at least 20minutes before the class. <don`t get payed for preparation time>

3If an emplyee quits in the middle of their contract, the employer must give 2months notice prior to leaving and agree to pay Y50,000 to Y100,000 which is decided by the employer.

4If an employee quits in the middle of their contract and - has sponsorored their work visa,they agree to pay an additional Y50,000

2006
All the teachers who want to continue working for it, went for an interview in March and after going for one in April my employer told me that my position is already taken and that they can only offer 20hours to me because I was too late to apply.

The Union gave my employer a letter in February in writing saying that I want to continue and I also sent a letter by certified mail which my employer sent back to me a couple day after.

I knew that even before going for an interview, I would not get the job as my employer said a number of times that she would not renew my contract because I handed out flyers in front of the School, took paid holidays and enroled myself in unemployment insurance 2years back.

When School started my employer called the police when I went to work because I was asking the children parents for their signatures to sign the petition at the front of the School.
I am not working at the moment and each day I just fax my letter to my employer saying that I want to work as they have called the police 2times and will not take any of my letter that I give them.

The other day my employer offered me less than 20hours per week as there isn`t any other work available and that I was too late to go for an interview and I even offered to do cleaning or do some type of work for 5mins but she said no.
This means that I will no longer be able to claim unemployment insurance that I have paid for the last 2 years and I will be earning less money and doing less hours.Also my employer want all her staff starting off as new, so that means instead of getting 18days as paid holidays, I will only get 10.

2006 Contract
The working conditions for all Foreigners have improved because of the things that I done in the past, everybody will be getting paid holidays and any staff who is doing over 30hours or more will be enroled in health insurance but I think everybody is doing under 30hours and earning less money, so I have became unpopular with the old staff.

I will be going back to work even though I will be earning less money and doing only 19,55min per week but my employer has said that they will give more hours to me in the future.

[GomiGirl]

So you have been a right prick by the sounds of it.. I would probably fire you as well - standing outside your school getting parents to sign a petition is just so wrong on so many levels.

You havent mentioned anything about how good an employee you are other that you often take days off and want payment for them and dont attend the company christmas party and bad mouth the school to the clients.

How about you become an employer and start your own company rather than just trying to squeeze blood out of your employer for every second you spend at work. If you are an English teacher, your written English is shocking.

Grow up and realise that you have to earn your salary - it is not a gift from the gods.

[AssKissinger]

standing outside your school getting parents to sign a petition is just so wrong on so many levels.

That depends on what the school was doing. I worked for two schools that were so bad I did my best to destroy their business and their reputation. Awkward for the parents, I'm sure.

If you are an English teacher, your written English is shocking.

It sort of reads like one of those Nigerian spam emails. I couldn't really see it through to the end. A long post like that is more of a scanner, I'd say. Did you read the whole thing Gomi? If so, you'll probably be the only one.

[Mulboyne]

You seem to want to know about your legal position but it also would be helpful to know why you have come to need to know about your legal position because that might throw some light on your employer's actions.

If you think you are being abused because you joined a union then there are many similar cases. How were things going before you joined?

EDIT: Here's the crux of your post, if I'm not mistaken:

I have been working for it company for 5 years on a one year renewable contract...I believe I have been fired for my Union activites, taking paid holidays according to the companys rules of employment and enrolling myself in unemployment insurance which is required by law anyway.

By fired, do you mean that your one year renewable contract was not renewed? Don't get me wrong, I'm not thinking about who is morally right or wrong but more about what legal obligations might be valid.

[amdg]

<I don`t have a work visa

This is a key point I should think. Without the working visa all bets are off and you really shouldn't be drawing attention to yourself. What kind of visa do you have?

[Fat Man]

This is a key point I should think. Without the working visa all bets are off and you really shouldn't be drawing attention to yourself. What kind of visa do you have?

I have a spouce visa and will be in Japan for quite some time.

[Fat Man]

When I was employed as a fulltime employee for the first two years doing about 32hours per week, I was not enroled in uneployment insurance, health insurance and didn`t get paid holidays and neither did anybody else as it was not written in anybodys contract.I did however get a small bonus after working for one year which you could probably say was your paid holidays at the time which was calculated on one`s performance through out the year.

Then I decided that I needed a change and choose to become partime as I got tired of doing cover all the time and not getting paid for it and I was required to do up to 35hours per week when I was fulltime.I was doing about 27hours a week, working five days a week as partime for two years and there was no bonus at the end of the year and did not take paid holidays either.

At the end of the year my employer complained to the staff who were working at it School that they were not making enough money because many students left through out the year and they decided to change the system.Instead of getting Y2500 per hour, all the teacher who are working at it School were getting Y220,000 a month for 25hours and the teachers who go off to
the Kindergartens, their salary would stay the same and their bonus would go up.Now if I wanted to work at it School for another year, I could not become fulltime as everybody would want to and even through I had been working at it School as partime for already two years and my salary still got cut back from Y250,000 to Y220,000.

[Fat Man]

So you have been a right prick by the sounds of it.. I would probably fire you as well - standing outside your school getting parents to sign a petition is just so wrong on so many levels.

You havent mentioned anything about how good an employee you are other that you often take days off and want payment for them and dont attend the company christmas party and bad mouth the school to the clients.

How about you become an employer and start your own company rather than just trying to squeeze blood out of your employer for every second you spend at work. If you are an English teacher, your written English is shocking.

Grow up and realise that you have to earn your salary - it is not a gift from the gods.

I have had my contract renewed already 3times and it just got renewed again for another year.As far as I am concern, I done nothing wrong what so ever, just following the Labour standard Law and the rules of employment that are registered at the Labour standard Law and it`s all my employer fault in the first place.

If you were working for me, you would of been fired the first day you step foot into my office with that type of attitude, grow up and get a life!

[cstaylor]

If you have a permanent visa, why are you still working there?

[Charles]

If you were working for me, you would of been fired the first day you step foot into my office with that type of attitude, grow up and get a life!

She owns her own company, while you are still a wage slave with illegal visa status.

[cliffy]

I echo Gomigirl's comment, If you are an English teacher your English (written) is shocking! poor grammar and missing out words is not helping your cause with me I am afraid. I would not like to PAY MONEY to be taught the kind of English you are displaying here!!!

[Mulboyne]

I believe I have been fired for my Union activites...I have had my contract renewed already 4 times and it just got renewed again for another year

Are you out of a job or not?

[kamome]

Whether or not Fat Man's complaints have any merit, the fact is that foreign workers in Japan are often very vulnerable to the whimsy of their employer, regardless of what protections exist under Japanese law. Whether it be the language barrier (i.e., can you actually read your own employment contract?), the unofficial outcasting of foreign employees who are no longer wanted but technically on the pay roll, or the ambiguity of the Labor Law's applicability to foreign workers, it is very easy to get screwed.

It must be out of sheer ignorance that anyone would want to hop on a plane and work long term in Japan as an English teacher. Maybe people feel that it's a way to make a quick buck or experience a new culture - that's fine. But I don't think anyone should consider it as a long term career. Just read the many threads on FG about the nightmares that English teachers put up with.

And whatever you do, don't go to Japan without a college degree and other skills to fall back on when your job goes sour. There's nothing worse than being stranded in Japan without a job and unwanted in your own country because you have nothing to offer in that market either.

[GomiGirl]

If you were working for me, you would of been fired the first day you step foot into my office with that type of attitude, grow up and get a life!

While I do not feel the need to justify my credentials to you but what Charles has said is true, you still have not answered my question.. how would you rate yourself as an employee?

You seem to want to work the minimum time while requiring that your employer pays you for every cent you feel you are owed. Work is indeed covered by contracts but you have neglected the human element - are you giving your employer good value for money? Good bosses reward good employees more than they expect, so you are either in the wrong company or you are a bad employee.

What is so fantastic about this particular job anyway? A good person will not have that much trouble finding a good job. A whiner will just sit back and complain while others move onwards and upwards by their own effort. This is a capitalist society and there is reward for effort. As I said before, a salary is earned - it is not a socialist right any longer. Get with the program....

In terms of a pension plan or health insurance, anybody worth their salt has set up their own private wealth protection outside their companies. Waiting for somebody else to take care of you is ignorant and lazy.

[GomiGirl]

Whether or not Fat Man's complaints have any merit, the fact is that foreign workers in Japan are often very vulnerable to the whimsy of their employer, regardless of what protections exist under Japanese law. Whether it be the language barrier (i.e., can you actually read your own employment contract?), the unofficial outcasting of foreign employees who are no longer wanted but technically on the pay roll, or the ambiguity of the Labor Law's applicability to foreign workers, it is very easy to get screwed.

Yes so you do have to a) find a good place of employment and b) work hard to earn your keep. Most people are either too lazy or too scared to get themselves out of a bad working place - sure there are people out there that want to screw their employees, but there are more often than not, good bosses that will be more than willing to make sure their staff are well compensated for their efforts. Screaming contracts and labour laws is a sure fire way to give your boss a headache and be unwilling to help you out. All it takes is some communication and some give and take from both sides.

If you truly have a prick of a boss, why work there anyway when there are so many good companies out there?

[kamome]

Yes so you do have to a) find a good place of employment and b) work hard to earn your keep. Most people are either too lazy or too scared to get themselves out of a bad working place - sure there are people out there that want to screw their employees, but there are more often than not, good bosses that will be more than willing to make sure their staff are well compensated for their efforts. Screaming contracts and labour laws is a sure fire way to give your boss a headache and be unwilling to help you out. All it takes is some communication and some give and take from both sides.

If you truly have a prick of a boss, why work there anyway when there are so many good companies out there?

I'm not sure I agree with your premise. I think that as far as foreign workers go, the "good companies" are outnumbered by the bad ones, especially when it comes to English schools. I don't have statistics to back that up, just the several anecdotes we've heard here on FG.

These English schools seem bent on taking gaijin as cheap labor for as long as they can get away with. Why shouldn't they rely on the law and their employment contract to protect themselves?

[GomiGirl]

I'm not sure I agree with your premise. I think that as far as foreign workers go, the "good companies" are outnumbered by the bad ones, especially when it comes to English schools. I don't have statistics to back that up, just the several anecdotes we've heard here on FG.

These English schools seem bent on taking gaijin as cheap labor for as long as they can get away with. Why shouldn't they rely on the law and their employment contract to protect themselves?

Fair enough comment but I have worked as an English teacher too and had a great experience with the company. But then I saw the job as a means to an end rather than as a career choice. However, even when I was working for other people I have always found that if you are good to your boss, they are generally good to you and can be flexible. A bit of give and take with a flexible attitude goes a long way - even in English teaching.

If you go in with the attitude that the boss owes you something without giving anything in return then of course they are going to be rigid. Who likes having things dictated to them and having laws thrown in their face? As I said there is the human element - ie you go to your boss when you know you have something coming up eg a planned holiday or a wedding or whatever, and you want to get paid for the time off, if you have flexible attitude it can be a win-win situation. I am saying this as an employer as well as somebody who was a wage slave. A bit of communication and a friendy attitude goes a long way. A good boss knows the productivity gains from happy and motivated staff.

I am sure there are pricks out there looking to rip people off, but fortunately in my life I have not been witness to the sort of rigidity that FatMan is whining about. So maybe he does have a prick of a boss, but he hasn't offered anything about his own performance other than a completely demanding and inlexible set of terms.

[Fat Man]

Are you out of a job or not?

No, My employer has renewed my contract for another year but I am working about 25 hours a week and earning less money compared to last year.

[Fat Man]

I echo Gomigirl's comment, If you are an English teacher your English (written) is shocking! poor grammar and missing out words is not helping your cause with me I am afraid. I would not like to PAY MONEY to be taught the kind of English you are displaying here!!!

Who cares anyway.I am not a certified English teacher and I am only teaching children, so there is no need for me to write anything except for the set phrases that I will teach everyday.

[Fat Man]

While I do not feel the need to justify my credentials to you but what Charles has said is true, you still have not answered my question.. how would you rate yourself as an employee?

There is no need for me to answer your question, my contract has been renewed already 5times by my employer and I consider myself a good employee.

I have been coming to work early to every class everyday for the last five years even though my employer does not pay for the preparation time and if I am sick I still come to work, not like my fellow employees who would take the day off and stay in bed.I am very reliable, willing to do cover anytime a teacher is needed and have never complained about the School system until last year when I decided to stand up to my employer.

[Fat Man]

Most people are either too lazy or too scared to get themselves out of a bad working place - sure there are people out there that want to screw their employees, but there are more often than not, good bosses that will be more than willing to make sure their staff are well compensated for their efforts.

GomiGirl, I would have to agree with you with the above.
I am woried if I do get fired that maybe I might not be able to find a descent teaching job like that I have now and consider myself very lucky to have such a good job that requires no degree or teaching experience.

[Big Booger]

Most people are either too lazy or too scared to get themselves out of a bad working place - sure there are people out there that want to screw their employees, but there are more often than not, good bosses that will be more than willing to make sure their staff are well compensated for their efforts.

GomiGirl, I would have to agree with you with the above.
I am woried if I do get fired that maybe I might not be able to find a descent teaching job like that I have now and consider myself very lucky to have such a good job that requires no degree or teaching experience.

If you don't have a degree and you are making money... why all the animosity about taking a vacation? If the J-peeps don't do it... why should you be special? Learn to graze, join the herd.

[kamome]

no degree or teaching experience.

This is exactly what I'm talking about. The worst thing to do is come to Japan with no skills, no degree, no experience. You have no bargaining leverage. The J-employers can dick you around all they want because they know you're stuck. I would advise someone in your position to go back to your home country and learn a skill, get a degree, etc. You can always go back to Japan later on, but you would be doing it on your own terms.

[Fat Man]

If you don't have a degree and you are making money... why all the animosity about taking a vacation? If the J-peeps don't do it... why should you be special? Learn to graze, join the herd.

In the rules of employment that are registered at the Labour Standard Office, all staff are getting paid holidays but it hadn`t been written in any employees contract for the last 5years.
By law even if you are working 1day a week for 6months, have been coming to work 80% of the time, entiled to paid holidays.
In my case it was not just the paid holidays, it was unemployment insurance, the contract that had so many invaid things written in it and the working conditions.

[Fat Man]

This is exactly what I'm talking about. The worst thing to do is come to Japan with no skills, no degree, no experience. You have no bargaining leverage. The J-employers can dick you around all they want because they know you're stuck. I would advise someone in your position to go back to your home country and learn a skill, get a degree, etc. You can always go back to Japan later on, but you would be doing it on your own terms.

I do have experience but not in teaching English.I think most Foreigners who come to Japan don`t have any experience what so ever in teaching in their own country.
As for the degree, I think experience is alot more important if applying for a teaching job and believe me, I have met alot of peolple with out a degree and they can do just as a good job, even better.
I have been in Japan for about 8years, married, supporting my wife and managing OK and have saved a couple of million.

[FG Lurker]

I do have experience but not in teaching English.I think most Foreigners who come to Japan don`t have any experience what so ever in teaching in their own country.

True.

As for the degree, I think experience is alot more important if applying for a teaching job and believe me, I have met alot of peolple with out a degree and they can do just as a good job, even better.

Since you don't need visa sponsorship I agree here too. That said, your written English is atrocious.

I have been in Japan for about 8years, married, supporting my wife and managing OK

You've been working in Eikaiwa for 8 years!? Holy shit man, that's horrible! In the very least you should set up your own school where after some time & effort you can expect to make a half-decent wage of 400,000 a month or so. Ideally you should be seeking ways to escape from Eikaiwa before it rots your brain totally.

and have saved a couple of million.

So over 8 years you have managed an average of 250,000 a year or a bit over 2man a month? Ouch.

If you are enjoying your life then that counts for a lot. However it sounds very much like your employer has you over a barrel and is trying to make your life miserable enough that you will quit... I'd work towards getting out as fast as you can before they manage to find some reason to fire you.

[sillygirl]

Nothing wrong with being an Eikaiwa teacher. I was for most of my time in Japan.

But. Gomigirl is right. I worked for a real bag of shite company (Nova) and they treated me like crap.

The next school I worked at I stayed there for 5 years. They were notorious for treating their staff hideously. However, I worked hard and was a good employee (I actually enjoyed my job...shock, horror) and they treated me so well.

At one time I tried to quit. They offered me an instant pay rise and 2 weeks off the next month - I even got mae gari on my salary to pay for my flight home.

Basically, it boils down to this. Eikaiwas are businesses. If you are super popular and make money for them, not losing clients, your bosses will treat you properly.

And I know you'll be defensive about this, but man, your English sucks. You should be grateful someone has employed you at all. My former boss (Japanese) would have laughed you out of an interview.....

There are decent schools out there. Depends on you.

Oh. And it IS Japan, and you ARE an unqualified gaijin.

[GomiGirl]

GomiGirl, I would have to agree with you with the above.
I am woried if I do get fired that maybe I might not be able to find a descent teaching job like that I have now and consider myself very lucky to have such a good job that requires no degree or teaching experience.

Well the way to make it better is NOT by trying make demands using the labour laws standards or the union or whatever. Your boss is running a business but they are also people and more often than not, people can be reasonable if you are a good employee - see Silly Girl's comment.

However I do fear that you have burnt your bridges already with this company with your demands and legal threats and reporting to the authorities and petitioning of parents.

You reap what you sow....

[FG Lurker]

Nothing wrong with being an Eikaiwa teacher. I was for most of my time in Japan.

You're right, there is nothing actually wrong with working in Eikaiwa...to a point. I think you also had some lucrative privates right? That goes a long way to making the financial situation rosier.

I worked in Eikaiwa part time for two working holiday visas and during my time on a pre-college student visa. I enjoyed it, it was fun, and it covered my expenses at that time. I don't think working in someone else's eikaiwa is a good long-term career choice though.

I actually worked at Nova, twice. Yep, I went back for my second WH visa too. I never had a problem with them. Working part time probably was a large part to do with that though. Full time at Nova might drive a person nuts pretty quick. It also depends a great deal on the school, and for the most part I was in good schools with good people.

[FG Lurker]

You reap what you sow....

EXACTLY!

For a throw-away job where you have been ripped off (ie they didn't pay salary) I can see doing some of the things FatMan did before quitting to move on to something better. If you are in a small community though (ie outside Osaka, Nagoya, Tokyo) the world of gaijin employers is likely VERY small. As such doing this in one place is likely to get you blacklisted. Hopefully this will turn into a learning experience for FatMan and he'll have more success at his next job.