Work visa valid if sponsor company lay you off?

[Anon.]

I came here for work first week of January. The company who is my employer arranged with sponsoring my one year working visa.

Due to unforseen circumstances the situation is now not very good for the company so I fear there could be engineers layed off soon. (hopefully not me).

Since I have no interest of leaving Japan because of marriage plans I want to know my options. Am I allowed to try to find other work during the year my visa is valid? What if the company has to shut down completely, how does that effect my visa?

Also in my employment contract it is written that I should "return" my visa to my employer if I no longer work for them. Isn't the visa personal?
Originally I thought it only was a way for them to make sure I didn't quit and go to a new company since they payed for my relocation, but now I started thinking it could be a problem.

Thanks in advance

[Fujay]

They cant make you return your visa - its stamped in your passport! They would have to rip out the page which would make your passport invalid. They also cant cancel your visa. So you have no problems. You are allowed to stay in the country until your visa expires and there isnt anything they can do about it.

[Anon.]

I heard from colleagues that if I loose this job I have to find a new job immediately otherwise I'm not allowed to stay. I have a working visa and should work...

They are from the USA so I trust what they say because they should have the same experience as me with visa, although there is one difference. They are American/Japanese.

I guess it is always possible to stay here somehow but I'm only interested in the 100% legal ways.

[Fujay]

Why ask if you don't want to believe the answers you get?

Call immigration. Ask them. Get the official line. Since you want to follow it, they will give you the most accurate version of it.

[Name Deleted]

I heard from colleagues that if I loose this job I have to find a new job immediately otherwise I'm not allowed to stay. I have a working visa and should work...

They are from the USA so I trust what they say because they should have the same experience as me with visa, although there is one difference. They are American/Japanese.

I guess it is always possible to stay here somehow but I'm only interested in the 100% legal ways.

You heard wrong. The visa is valid until the date in your passport. Your employer can sponsor you until it expires, even if you no longer work for him.

Your employer can not invalidate your visa and you can stay here even without a job while you look for a new one.

DONT PANIC.

[Name Deleted]

I came here for work first week of January. The company who is my employer arranged with sponsoring my one year working visa.

Due to unforseen circumstances the situation is now not very good for the company so I fear there could be engineers layed off soon. (hopefully not me).

Since I have no interest of leaving Japan because of marriage plans I want to know my options. Am I allowed to try to find other work during the year my visa is valid? What if the company has to shut down completely, how does that effect my visa?

Also in my employment contract it is written that I should "return" my visa to my employer if I no longer work for them. Isn't the visa personal?
Originally I thought it only was a way for them to make sure I didn't quit and go to a new company since they payed for my relocation, but now I started thinking it could be a problem.

Thanks in advance

PS if your company is going to lay you off you are entitled to severance pay. Dont let him tell you that as a foreigner you dont qualify.

You keep your visa and I suggest you start looking for work if you are afraid you are going to be laid off. It may take you a couple of months to find work after you are retrenched and you still need to live.


Be proactive and make sure you have a safety net for when the axe falls on your neck.

Question: I was fired when the plant where I worked closed down. My employer simply told me not to come anymore as there would be nothing to do. He said that he had to close the factory because of the deepening recession. Can an employer dismiss employees without advance notice ?
Answer: Article 20 of the Labor Standard Law(Rodo Kijun-ho) requires an employer to give employees at least 30 day's advance notice before dismissal.
If an employer fails to do so he/she must pay employees at least 30 days' wages. However, there are some exceptions. An employer can dismiss an employee under the following circumstances without advance notice, but he/she must report his/her action to the Labor Standard Inspection Office:

If the business was suspended because of a natural disaster or some other unavoidable reason, such as fire destroying business premises, or legal business suspension; If the dismissal is attributable to the employee; e.g. dishonesty, vandalism, and so on. However, business suspension because of financial difficulties or a business decline are not regarded as unavoidable reasons, in which case you can request 30 days' wages. Moreover, employees who are employed on a daily basis and are employed on consecutive days for one month or less are not covered by this clause. In general, employees who are employed for a fixed period of not longer than two months, seasonally employed for a fixed period of not longer than 4 months, and those who are on a 14 day-period of probation, are not covered by this clause, either.

(Notice of Dismissal)
Article 20.
(1) If an employer wishes to dismiss an employee, the employer shall provide at least 30 days' advance notice. An employer who does not give 30 days' advance notice shall pay the average wages for the number of days short of 30 days. However, this shall not apply if continuance of the enterprise has been made impossible by a natural disaster or other unavoidable cause, nor when an employee is dismissed for reasons attributable to him/her.
(2) The number of days of notice under the preceding paragraph may be reduced if an employer pays the average wage for each day by which the period is reduced.

Article 21. The provisions of the preceding Article shall not apply to any employees coming under one of the following items; provided, however, that this shall not be the case with respect to an employee coming under item 1 who has been employed consecutively for more than one month, an employee coming under either item 2 or 3 who has been employed consecutively for more than the period set forth in each of these items respectively, nor an employee coming under item 4 who has been employed consecutively for more than 14 days;

employees who are employed on a daily basis
employees who are employed for a fixed period of not longer than two months
employees who are employed in seasonal work for a fixed period of not longer than 4 months
employees on a probationary period

[ChrisElliot2000]

If you're employed as a contractor you're going to have to fight them to get what you want.

Before they lay you off, they have to give you a 'Notice of Termination' 1 month prior to your last day. Ask for it specifically when they tell you it's time for you to leave. And after you leave they have to give you a 'Certificate of Termination.'

Your passport and visa are valid, you may stay in the country and look for work and maybe even collect unemployment.

If you have ANY questions, go to the Labour Law Office (roudoukyoku) on one of their Foreign help days and ask about all this sh!t

[Anon.]

Why ask if you don't want to believe the answers you get?

Call immigration. Ask them. Get the official line. Since you want to follow it, they will give you the most accurate version of it.

Hi, I'm happy for all answers I get. I just wanted to clarify some things.

I will call immigration if I don't believe what I read here but your answer seem true.

I have a special deal with my current employer. They pay for my apartment and is the party who signed the contract. I can change this to my name but then I have to pay one month rent to the landlord. The salary the company pay me is also very good. Because of this I want to try to stick with this employer as long as possible.
I'm just investigating my options to create backup plans.

Thank you all for your answers.

[trip_hop]

Hi, I'm happy for all answers I get. I just wanted to clarify some things.

I will call immigration if I don't believe what I read here but your answer seem true.

I have a special deal with my current employer. They pay for my apartment and is the party who signed the contract. I can change this to my name but then I have to pay one month rent to the landlord. The salary the company pay me is also very good. Because of this I want to try to stick with this employer as long as possible.
I'm just investigating my options to create backup plans.

Thank you all for your answers.

See the other thread on "spouse visas" for some viewpoints on advice from Immigration agents and from message board posters.....

Damned if you do and damned if you dont......

[Name Deleted]

Hi,I have a special deal with my current employer. They pay for my apartment and is the party who signed the contract. I can change this to my name but then I have to pay one month rent to the landlord. The salary the company pay me is also very good. Because of this I want to try to stick with this employer as long as possible.
I'm just investigating my options to create backup plans.

Thank you all for your answers.

What your employer wont tell you is that he cant not legally evict you even though you are fired or laid off from your job,

Under Japanese law he has to give you six months notice if he wants you to leave your company apartment,

If rent is free then you probably have to leave straight away.

[Anon.]

What your employer wont tell you is that he cant not legally evict you even though you are fired or laid off from your job,

Under Japanese law he has to give you six months notice if he wants you to leave your company apartment,

If rent is free then you probably have to leave straight away.

My contract say they need to give me 1 month notice to fire me and that I can stay 1 month in the apartment after my contract is ended.
My employer is not evil so I don't mistrust them.
They are part of a global company and I was hired here because of working at the parent company. However I have no interest of returning there.

Anyway,
Thanks for your information!

[Name Deleted]

My contract say they need to give me 1 month notice to fire me and that I can stay 1 month in the apartment after my contract is ended.
My employer is not evil so I don't mistrust them.
They are part of a global company and I was hired here because of working at the parent company. However I have no interest of returning there.

Anyway,
Thanks for your information!

I dont think so.


Question: I was fired over a dispute about working conditions. Although I have not agreed with being dismissed this way, my employer also told me to move out of the apartment provided by the company, as required by the contract. Do I have to leave the apartment now ? If so, I will have to find another place. What should I do ?


Answer: When an apartment is contracted by a company, the civil laws are applied differently depending on whether it is provided free or is leased.
Normally, the former cases is covered by the provisions in Article 593 of Civil Law, and the latter by Article 601 of the Civil Law. However, if the rent is extremely low, there will be some question as to whether the latter case applies.
If you have a rent-free apartment, you are required under the terms of worker-as-tenant to give up the apartment on the day specified in the contract (Article 597,Civil Law).
The employer has demanded that you move out of the apartment at the time of your dismissal. If you do not comply with that demand, your employer could possibly take to matter to court.
On the other hand, a lease contract with a company is governed by Article 28 of the Land and Building Act. According to the act, in order to end a lease relationship, an employer as a landlord is required to give notice to an employee, with a justifiable reason. When the lease has a specified period, the landlord should give advance notice of 6 months to one year and should clearly tell the employee that he/she does not intend to renew the lease contract.

Also, with a lease that has no specified duration, advance notice to vacate the property of at least 6 months is required. Therefore, even if it is stated in a contract that the employee shall move out immediately upon dismissal, such requirement is totally contrary to the Land and Building Act (Article 30, Land and Building Act, or Article 6, former Land and Building Act). The landlord can never make a tenant leave by force. In the case of a company house, the argument often turns on whether it is provided free or is leased. The court rules that each case should be carefully considered under its own merits. Since the situation that arise are not always typical, the right decision is not easily reached. Therefore, it is recommended that further discussion is needed between you and your employer and that your landlord should wait until you find another place to live.

[Anon.]

I think the original contract was written with the intention that I would return to the parent company after ending my employment here.

Your information was very good to read. I actually pay 20% of the rent myself which could mean I am considered a lessee.

[victorWard]

Newly fired

I hate to drag up an old issue, but I called the immigration line, and they said I have 3 months to find a new job. Not sure what to believe, if anyone has any thoughts, please let me know.

Victor Pinkslip?

I hate to drag up an old issue, but I called the immigration line, and they said I have 3 months to find a new job. Not sure what to believe, if anyone has any thoughts, please let me know.

Huh!? You got the can?

Umm, hit Hello Work!, and PM ChrisElliot about the Job Hunt.

Also, you know about D ai Job.com, etc??

Chin Up babe. And good luck with the job search.



PS