Eviction Laws

[Trade Winds]

I need to know if there are any written rules about eviction laws.

My boss is trying to dismiss me and break our contract agreement without sufficient reason. In additon, my apartment is a corporate apartment.

First she said I had to be out in a week, then she extended it another week. Last night, after our first Collective Bargaining talks, I was given until our next collective bargaining talks.

In December, she dismissed my colleague and broke her contract with the excuse "we don't think you'll last your contract". She then had her work until Winter break and evicted her form the apartment the next day.

This is a woman, and her sister, with a long history of terrorizing especially her female employees, as well as, we are finding, participated in tax evasion (almost twenty years) and having her teahers work without visas.

My colleague and I were the first employees to have visas.

I am digressing, so let me get back to the problem.

I need to find out legally, how long I can stay in the apartment.

Thanks

[paulh]

From the general union website

The first order of business would be to refuse to accept your dismissal and dont sign anything, as the dismissal is clearly illegal- she must give you at least 30 days notice. It is actually very hard for landlords to evict tenants in Japan, short of getting a court order, so my guess is you would be allowed to stay there until your term of employment is actually finished, and they can not just throw you out on the street when they feel like it. Might be a good idea to contact the labour standards office or get some legal advice.

From the general union website:

My employer fired me suddenly. Am I entitled to anything?
This is a very difficult question to answer and includes many different factors; the Labour Standards Law, civil court precedents, Ministry of Labour guidelines on firings, and Japanese unions' perspectives on firings. Before we try to answer this question it is important for you to understand one important piece of advice. If you feel that you have been unfairly fired, don't sign anything (it may be a statement saying that you quit) and call the union immediately.
The Labour Standards Law states very simply that except in the most extreme of circumstances (you punch your boss, an earthquake destroys your workplace), an employer must give 30 days' notice or thirty days pay in lieu of notice. If you are fired, it is relatively easy to get this (Articles 19, 20).
The part of the law that is difficult are the many Japanese court rulings and Ministry of Labour guidelines on the propriety of firing someone. In Japan it is very difficult to fire someone in the middle of their contract (or workers who have an unlimited term contract) or someone with a one year contract which has already been renewed many times. 'Very difficult' means that in a civil court, unless the firing is done for "socially acceptable reasons" (which is up to a judge to decide), a firing could be overruled.
The problem with these precedents and guidelines is that the Labour Standards Office either won't enforce them or in many cases is powerless to do so. So unless you are prepared to go to civil court there is very little an individual can do to stop an unfair firing.
If you are fired call the union immediately and we can examine your situation. As stated in the Trade Union Law Q & A, a union can negotiate anything with an employer even if you are the only union member at your company.
On the other hand if you believe you have been fired for your union activity, we have many other ways to help you outside of the Labour Standards Law. Please see the General Union Q & A on the Trade Union Law.
If you are fired, remember one very important thing: tell the company that you don't accept their decision, offer to continue working, and make it clear that you are willing to work. Don't sign anything and don't try to one up your company by stating that you quit. The reasoning for this is that if you accept your firing or if you say that you quit, legally you are accepting it and it will make it more difficult to deal with this in the future.

[paulh]

Go to the following link

http://www.efl-law.com/japan_faqs.html

Question 17. All will be revealed.

[CM]

This is a woman, and her sister, with a long history of terrorizing especially her female employees, as well as, we are finding, participated in tax evasion (almost twenty years) and having her teahers work without visas.


This woman and her sister bit has been brought up many times on this site. Is it the same people?
I seem to remember in the last couple of months a similar situation where an employee was forced to share an apartment with said employer and had a difficult time of it.

If so let the rest of us know who they are, so we don't work for them......and if the gaiinpot masters decide to Remove your message then they're not serving they're purpose.

[iwantmyrightsnow]

Was reading the Foreigner Workers handbook on this recently...(Wait until Monday and I will try to find the releveant law). Of course as with everything in Japan it is a little vague but it seems that you could be entitled to stay in the apartment anywhere between 6 months and a year after you terminate your contract. That depended upon if you were provided the apartment free or at a token payment, or if you were paying close to the market rent.

The book qualified this all by saying the parties should come to an agreement. I would recommend that you decide when you want to leave the apartment by and give notice in writing.

Of course this could upset the woman off and she may try to kick you out. But there are legal procedures she has to go thru....it is illegal to just put your things on the street. But that is a possibility. I would probably change the locks and warn her if she does anything you will go to the police.

As to your dismissal - laws are very strong here and she must have strong reasons to be able to dismiss you - at a minimum you are ebtitled to 30 days notice or payment in lieu.

Contact NUGW in Tokyo Telephone: (03) - 3434 - 0669

This time of year is very busy dealing with problems. Current union members get priority. This is why we recommend you join a union BEFORE you have a problem.

www.generalunion.org