Please help-I am in trouble

[tidbits]

I have talked to a friend here thru PM last week, he has given me the advice. However I am still very worry over this matter and I really don't have many friends to talk to about this.

I used to work in a kindergarten every Saturday(with one Saturday off in a month) from begining of October, it was only verbal contract. On 7th November Friday they called me telling me there is no job for the next day and the following week's Saturday. But again on the 14th they called me saying there is job again. I rejected them as I already had other plan since there was supposed to be no job. On the 20th November I called them to say I am resigning, since the 22nd Nov is my off day which they agreed long ago, therefore I was giving them 9 days notice, which means I won't turn up on the 29th Nov. I asked them about my 2 days salaries which they owe me and they ask me to fax my account number. They keep dalaying saying they were busy and other excusess, and on the 29th I received letter (in Japanese) from them asking me to pay Yen 580,000 to them by end of January otherwise they will take legal action. Basically, in the letter stated: 1)verbal contract is valid in the law, 2) I resigned without without approprate reasons. 3) I being the only teacher who just left like this has caused them lost of trust from their customers.

I felt this is ridiculous, I have worked only total of 4 days there, they owe me 2 days pay(and transport claim) which is only Yen20,000, and now, not only they don't want to pay that, they want me to pay them Yen580,000. And I really feel I have done nothing wrong throughout the whole process. In fact they are the one make/cancel classes by giving me a day notice which I thought should not be the way.

I talked to Labour Bureau, they said they can only investigate and try to get back my unpaid wages. However they don't investigate on the contract or they can't do anything if the company take legal action.

I am going to my home country next weekend for at least 7 months (I am expecting now). I really don't have much time left to deal with this. (1)Should I report on the unpaid wages to Labour Bureau? (2)Can they really take legal action, hoping to get money from me? I am really very worry now, I can't do anything in the past one week as it was holiday, and now I left very little time. I appreciate any advice.

[Taro Toporific]

(1)Should I report on the unpaid wages to Labour Bureau?

Hmmm I see your point, it's was a verbal contract so if you don't report your unpaid wages to Labour Bureau, the English school has no "proof."
On the other hand, if you do report your unpaid wages, the Labour Bureau is supposed to fight for you.

Dang dilemma you've got Tina!

My wild guess that the 580,000 yen lawsuit is just a scam to cheat you of the unpaid wages. This legal action sounds odd even for an English school. Has Any other FG heard of such a thing? (My school owning friends would loooove to try the same thing if it works.)

(2)Can they really take legal action, hoping to get money from me? I am really very worry now, I can't do anything in the past one week as it was holiday, and now I left very little time.

Oh they could try legal action .... but unless your husband has a perm. visa or a Japanese passport they have a poor chance of collecting their so-called "damages."

BUT hey, the one thing I don't claim to be is a JAPANESE lawyer so my advice us is worth as much as you paid (nothing). Sorry.

[kurohinge1]

This advice is worth the same as Taro's (0) but, without any understanding of Japanese law on the subject, this is what I would consider:

(a) Reporting them to the Labour Bureau (as there's no real doubt you worked there but there are unpaid wages) as, like Taro, I suspect they're just trying to scare you off with the other claim; and

(b) Asking them to provide copies of the relevant laws and authorities they say support their claim that you owe them money as well as how it is calculated. You could also warn them, however, that if they pursue that avenue and you are forced to obtain legal representation, you will be seeking costs from them in the event that they fail.

You might want to add a claim for interest on the unpaid wages too as well as a claim for the late-cancelled days on the basis that they didn't give you reasonable notice!

Given their treatment of you, maybe any loss of trust by their customers is deserved.

Good luck Tina

[kamome]

Tina:

First, you really should consult a bengoshi (Japanese attorney) on this issue and not rely on any advice you see in FG. You can talk to one for a small fee or get a referral by visiting the Bengoshikai located in Kasumigaseki.

However, I was wondering if your company has any work rules that specify length of employment? Oral employment contracts are recognized in Japanese law, but a company's work rules tend to fill in the gaps when an employment contract is oral. If there is no work rule or accepted length of employment at your company, I see no reason why you can't voluntarily resign. This doesn't seem like a contract for term.

Anyway, a bengoshi should be able to give you more concrete advice about the appropriate action you should take to recover unpaid wages and defend against a lawsuit. I wouldn't want to speculate about how serious their intentions are to file suit against you, but that would be a good question to ask the bengoshi.

[tidbits]

[cstaylor]

I am going to my home country next weekend for at least 7 months (I am expecting now).

Congratulations! Do you know if it will be a boy or a girl yet?

[tidbits]

Thank you still dunno yet..soon to find out tho..

CS: saw your beautiful wedding pic sometime ago,you too ganbatte ne

[cstaylor]

CS: saw your beautiful wedding pic sometime ago,you too ganbatte ne

Everyday, I take a deep breath, and try not to think about my life sentence^H^H^H^H^Hlovely marriage.

[ramchop]

Settling labor disputes efficiently

One notable development in Japan's labor relations is the rapid increase in disputes between individual employers and workers, such as those involving sudden dismissals and unpaid wages. To settle these disputes legally and quickly, the government has decided to set up a "labor tribunal system."

The proposed system will provide workers with a more effective means of resolving their disputes with employers. It will also help employers settle disputes more efficiently. A related bill is expected to reach the Diet next month. It should be voted into law as soon as possible.