Work related issues with foreigners

[Kieron]

So. I've had some serious trouble with a company I was working for in Japan and wanted to know if any of you have had the same problems and/or advice on what I should do.

I was working under a contract for said school, and I got into an argument with the manager over being assaulted by a child in the classroom (He headbutted my face and left a bruise and cracked a tooth), So I asked for him to be changed from my class. But it annoyed my manager. She then sat me down and terminated my contract completely, on the spot. And has not paid me for the work I have done. I have tried to get in contact with them again and with the "Roudon-kijun-kantoku-sho". But they are simply denying that I have ever worked there as my contract was shredded I do not have proof. What can I do about these problems? Has anyone had something similar?

 

[Mike Cash]

You didn't have a copy of the contract? How about any tax or insurance payment records?

 

[Kieron]

I was not given a copy of the contract, I told that it is not required in Japan to be given one. As for tax papers I had not been there long enough to be given them and my insurance is private so I declined.

 

[Mike Cash]

How long were you there? How many other people work there?

You should have had a copy of the contract.

The school and/or parent should be responsible for any medical or dental treatment you need(ed).

 

[Kieron]

I was there for my initial three month trial period and as it came to an end I was terminated. There are 6 other people working there if you include managerial staff and two other foreigners.

I did not receive a copy of a contract as I was told by the staff that it was not needed (I did ask the other two foreigners and neither of them got a copy either).

Am I completely stumped without it? Can I not pursue legal action?

 

[Mike Cash]

Certainly you may pursue legal action. Get a lawyer.

Were you not paid for any work during the three months? If you were paid, did you get any pay slip, pay envelope, direct bank deposit from them, or anything else which would prove you worked for them? Surely you didn't just work for free for three months?

Were they sponsoring your visa? Before you get too far into this...are you here legally and does your visa status allow you to work legally?

 

[Kieron]

I was not paid at all for the three months which is part of the reason I'm seeking help. I have tried contacting them and they are flat out refusing to help me now.

I am legal to work here and have no work restrictions and I reside here legally as well.

 

[Mike Cash]

Was not getting paid part of the contract? In other words, was it your understanding that you'd be working for free? Or did you just keep right on working despite never getting paid?

This sounds like an employer who probably makes a habit of screwing the teachers.

I would talk to a lawyer about pursuing both civil and criminal penalties. She must be breaking oodles of laws.

 

[Kieron]

It was written in the contract that I would receive payment for my time worked even during training periods (Not that I have a copy of the contract). But I did not ask for fear of losing my job. And now I am seeking my payment after being terminated anyway.

I may seek legal aid without my contract? Would I even have a leg to stand on?

And I thank you for the advice, you've been more help to me than any legal aid site or even my embassy.

 

[Mike Cash]

I would guess a lawyer would seek affidavits from the other teachers to the effect you actually worked there and then go from that.

You should be advised that in Japanese civil cases the plaintiff cannot use the power of the court to subpoena anything whatsoever from the defendant. You have to provide all documentation/evidence yourself.


She saw you for a doormat from the first time you didn't ask for your pay and kept on working anyway. She has you figured for a patsy she can rob without fear of you doing anything about it.

You can seek legal help just the same as you can walk into McDonalds and seek a cheeseburger. You pay your money and consult with the attorney, then see how things stand as to what can be done.

 

[Kieron]

I see. I will compile all that I have into evidence and seek aid.

I understand completely, it is how a business works. I should not have been as stupid or unwilling as I was.

I thank you sincerely for the help you have given me.

 

[Mike Cash]

Please let us know how things progress. It will be a good resource for others in the future. Hang around with us anyway; we'd like to have you.

I don't know what our policy is, but I'm the spiteful type who would post the name of the school. Have you googled it to see if anyone else has complained about them? I doubt very much you're the first person they have screwed over.

 

[Kieron]

Of course I will update and keep everyone informed, perhaps it can be archived for future reference.

And I had thought of this. But I do not want to name the school as it could lead to repercussions (slander lawsuit, etc.) But I will say it is an international school in Matsuiyamate in Kyoto . That is all I wish to name for fear of what could happen if I directly name them.

 

[Mark of Zorro]

Mike Cash has really hit so many of the relevant points, especially in how to go about proving you actually worked there without having a copy of the contract and how you were taken for a doormat. Mike Cash is very "by the book" and knows the book well.

My only problem is that you also need to be careful with legal advice. Plenty of people in the legal profession will also take you for a doormat and take your money and give you nothing in return. Some will just take your consultation fee, put it in their pocket and then tell you its hopeless.

You are going to have to work and study yourself to get anything to go anywhere. No one is going to hold your hand and do it all for you.

One thing I suggest is buying yourself a nice voice recorder of some kind, go to the company and have a nice chat with the recorder hidden. They may give away a lot of stuff in that conversation. Have any lawyer you consult have a listen.

Naturally you want them to admit that they did hire you, you did work there, and that they did destroy the contract. Heck, even if they just talk like they know you, mention you by name, or just react angrily to the sight of you, its going to go a long way to proving your side of the story.

In fact, if you get enough damning information, then leave, make a back up of the recording just in case, then come back and let them have a listen. That alone may make them pay up just to get your promise to stop pursuing. Never delete that recording though. That is your insurance policy they won't make up an extortion story.

You also need to find witnesses to that headbutting incident or at least witnesses to the fact of your injuries after that class. Record them with their permission only. Get everyone's full names, including that of the student that attacked you. Try to find out if that kid has a history and what it is. That kid goes to public school somewhere. The teachers and principal there could be very helpful in proving that kid has violent tendencies if he does.

And if you went to a dentist or doctor they should have records you should get copies of.

 

[Mike Cash]

If you have any photos of you taken there, with your keitai or whatever, those might help as well. If your handwritten comments are in any student files, see if another teacher can sneak you a copy of something...or just take a nice photo of it for you.

Your local bar association can help you out with a referral if you need one.

Secretly recording someone's voice is generally not illegal, in case you're wondering. If you're getting evidence for court, you're fine. If you make the recording public (put it on the web, for example), you could find yourself in legal trouble.

 

[Mark of Zorro]

"Secretly recording someone's voice is generally not illegal, in case you're wondering."

I had not even considered the legality of it. However, I was considering whether it could be used as evidence.

But my guesstimation, based on your guesstimation that they are shady, is that they are more afraid of the authorities than the OP is, and that is for good reason. I completely imagine that one shred of evidence would create some cracks in their hard-nosed approach and they may pay out just to get rid of him.

I cannot imagine them pressing charges for a secret recording even if it was illegal. I think the OP would just about have to do something violent for them to go to the authorities themselves.

 

[Mike Cash]

Depending on what part of the planet you're standing on, it can be illegal. In Japan, you're alright, unless you make the contents public. In that case, you open yourself up for violation of some sort of privacy law or some such; there is no law regarding the actual act of recording itself.

Given that there is no power to subpoena any sort of evidence in civil cases, the fact that they as a matter of course refuse to give employees a copy of their contracts raises huge red flags about their making a habit of screwing employees. Any business on the up-and-up will have copies for both parties.

In addition to lawyering up, I would also be talking to Immigration and to the tax authorities. The former just to make sure I covered all based in screwing her back more than out of any expectation of direct help for myself. The latter to get some sincerely humorless bustards crawling up her butt with a microscope.

Theft of services (labor) is just as much a crime as theft of property. I'd also be down at the police station filing criminal charges. A note for all the foreigners who complain they went to the police and the police didn't do anything: ASK to file a 被害届出 (higai todokede), which is the official report of a crime, or as far as they're concerned, you didn't make a complaint at all. They're bureaucrats who would rather not volunteer to increase their own workload, so sometimes you do have to ASK to do this. Once filed, it is like a 110 call; it is in the system and some kind of action has to be taken on it. It may not be what you want or expect, but it won't be ignored.

 

[Shun Ryu]

I'm reading this thread and I don't resist to ask if your company is a Japanese or Westerner?

 

[Vincent3]

A note for all the foreigners who complain they went to the police and the police didn't do anything: ASK to file a 被害届出 (higai todokede), which is the official report of a crime, or as far as they're concerned, you didn't make a complaint at all. They're bureaucrats who would rather not volunteer to increase their own workload, so sometimes you do have to ASK to do this. Once filed, it is like a 110 call; it is in the system and some kind of action has to be taken on it. It may not be what you want or expect, but it won't be ignored.

Mike, thank you for this valuable tip!

OP, I can't imagine you won't be able to prove you worked there. At least one of the teachers or students will say you taught there.