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Company refusing last paycheck...

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  • Company refusing last paycheck...

    Hey guys, a few of you might remember me as the guy who broke off a contract with two eikawa to accept a job offer from an ALT company, with one of the eikawa threatening me deportation.
    Well, that same company that threatened me with deportation has yet to pay me for the last month (16 hours in May) that I worked for them and after giving them plenty of time and the benefit of the doubt that they just forgot to deposit my last paycheck, I finally called them a few hours ago. According to the main teacher/boss "because I didn't give a months notice/ my notice was too short, he is not obligated to pay me by Japanese law".

    I'm pretty sure that they are still required to pay me, as I've heard of people quitting with even a days notice and still getting paid (not here on the forums. but friends in Japan), but then again I have no clue about Japanese labor laws.

    How should I go about this if I have already tried to ask them to pay? Or is there even anything I can do to get them to pay? I would turn in a time card to prove that I worked, but they only provided that information when receiving the paycheck (which since I didn't stay with the company, they never gave me the final time sheet/receipt).

    Sorry if this is confusing/hard to understand. I am very tired at the moment, and I will clarify on confusing points later after I get some sleep.

    Any advice/help would be greatly appreciated.

  • #2
    The general union claims to be very successful and getting these kinds of chiselers to pay up, read the below and contact them.

    http://www.generalunion.org/law/lsl#13

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    • #3
      Out of curiosity, just how much notice did you give?

      You can try the union, but you might want to go to the local Labor Standards Office first. A local outfit such as that might seem to have more clout to the employer.
      http://www.mhlw.go.jp/seisakunitsuit...ign/index.html

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      • #4
        Thanks for the advice/links! I will definitely be contacting the labor offices today, and possibly consulting with someone at the offices if they are open.

        To answer your question Glenski, the most I could give for this company was one week (only worked for them once a week, it was the only time I could tell them even though I tried telling the main boss on a day before that I knew he was going to be at, but refused to listen that day probably to properly prepare that threat letter in response).

        I re-read what some of the people wrote in my other thread I posted two months ago, and that according to civil law one months notice is required and that they can pursue me for damages to the company (which there weren't as I found someone to replace me within that one week that they decided to hire), but that they would have to prove that I actually caused damage to the company.

        From what I could interpret from the links you provided, my understanding is that they are required to pay me regardless of the short notice (correct me if I'm wrong here).

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        • #5
          As Glenski said, the Labour Standards Office is your best bet. Inform your former employer what you are doing. If the company still refuses to pay, you can always "accidentally" run into the students on the way to lessons and tell them about it. They won't care, but will most likely complain to company about instructors annoying them, which hurts business. They may pay up just to get you to go away. But, do the Labour Office thing first.

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          • #6
            [QUOTE=
            From what I could interpret from the links you provided, my understanding is that they are required to pay me regardless of the short notice (correct me if I'm wrong here).[/QUOTE]

            Even if you walk out in the middle of a work day the company is required to pay you up until the time you leave. The company must prove you caused damages and must take you to court if you refuse to pay (which isn't going to happen). I've worked for companies that tried to pull that crap with me. "We are withholding 50,000 yen to cover the advertising cost to find a replacement and various penalties." Needles to say, I raised a huge stink and got everything.

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            • #7
              Ya, I thought as much.

              Well I just sent the former employer about my plans to talk with the Labor Bureau about the situation if they do not pay up. I will see what the next step is pretty soon!

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              • #8
                Originally posted by ssjtennsi1 View Post
                Ya, I thought as much.

                Well I just sent the former employer about my plans to talk with the Labor Bureau about the situation if they do not pay up. I will see what the next step is pretty soon!
                If they get really stubborn, then your best bet is as someone previously mentioned, to accidentally bump into a few students. Be careful with this - you could actually cause some real damages if students quit as a result. But in my experience talking to the 3rd party has caused employers to pay up pretty quickly.

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                • #9
                  Originally posted by kabunushi View Post
                  The general union claims to be very successful and getting these kinds of chiselers to pay up, read the below and contact them.

                  http://www.generalunion.org/law/lsl#13
                  Has anyone heard about or experienced how effective these guys are?

                  The claims on their website are fairly impressive.. but it would be good to corroborate their claims...

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                  • #10
                    Well contacted both the general union and the Labor Bureau by email. We'll see what they say later!

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                    • #11
                      Originally posted by Mr. Ludd View Post
                      Even if you walk out in the middle of a work day the company is required to pay you up until the time you leave. The company must prove you caused damages and must take you to court if you refuse to pay (which isn't going to happen). I've worked for companies that tried to pull that crap with me. "We are withholding 50,000 yen to cover the advertising cost to find a replacement and various penalties." Needles to say, I raised a huge stink and got everything.
                      Interesting - Ive heard te same thing about penalties for that reason. Did you go through the union to combat it? or just harangue them into paying up?

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                      • #12
                        2 weeks notice by law.

                        If you really want the pay...stand outside their office with a big sign saying they don't pay their teachers.

                        Scream out as you march up and down... 'WHAT DO WE WANT? LAND RIGHTS!!! WHEN DO WE WANT THEM? NOW?
                        Look like a fruit cake with a glassy dazed look in your eye and dribble a lot.

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                        • #13
                          You are legally entitled to receive pay for work you did, and the employer can't legally withhold it. From what you wrote, he has no beef to justify any claim for "damages" either.

                          The union prefers that you join before accepting a complaint and acting on it. They might give some initial advice but not do anything themselves if you aren't a paid member. I have heard good stories from them when they do step in, just because the LSO is Japanese, I'd expect more clout from them.

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                          • #14
                            Originally posted by Glenski View Post
                            You are legally entitled to receive pay for work you did, and the employer can't legally withhold it. From what you wrote, he has no beef to justify any claim for "damages" either.

                            The union prefers that you join before accepting a complaint and acting on it. They might give some initial advice but not do anything themselves if you aren't a paid member. I have heard good stories from them when they do step in, just because the LSO is Japanese, I'd expect more clout from them.
                            Hmmm, ya I just checked into that membership thing and it seems in my case I would lose money from having to pay a years worth of dues upfront even with the paycheck i receive from the company that owes me.

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                            • #15
                              Originally posted by Mr. Ludd View Post
                              Even if you walk out in the middle of a work day the company is required to pay you up until the time you leave. The company must prove you caused damages and must take you to court if you refuse to pay (which isn't going to happen). I've worked for companies that tried to pull that crap with me. "We are withholding 50,000 yen to cover the advertising cost to find a replacement and various penalties." Needles to say, I raised a huge stink and got everything.
                              It's funny cause I had just received an email from the school after I told them my plans, and they wrote me back "because of advertising costs for a replacement and the fact a few students quit (did not specify me as the reason for the students quitting, but i'm assuming is what they meant)"
                              The kicker is that they say they want to settle the dispute for 50% of my paycheck.

                              Is this a good sign? I really don't know what I should do. Do I keep pushing for the full amount and risk a fight?
                              Last edited by ssjtennsi1; 2013-07-15, 12:43 PM.

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