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Paul wrote:It depends upon the contract itself I believe. You need to see if your contract is actually for 12 months consecutively, some teachers contracts are for less than that and some as well are for 4 months, then 7 months, meaning that the contract period stops at the end of July and restarts in September and runs through the end of March. .
Paul wrote:You, I take it are contracted through your DC, however the DC is contracting with the BOE. Are you aware, or know of, the conditions of the contract your DC has with the BOE?.
Paul wrote:Also you might want to check if your BOE even hires any ALT directly in the first place. If they do, then ask them about it, but you run the risk of it getting back to your DC as well. Plus if you choose to bring the issue up with them telling them what they are supposed to be doing you could find yourself without a job with your current BOE. Double edged sword.
I also want to know if the BoE pays the DC for august while we dont get paid. I have a sneaking suspicion and even hope that's happening.
I was thinking that i was going to ask the person from the BoE to come visit school while i am negotiating my contract just to make sure they understand the conditions that its indirect employees are working under. then they might figure out why they have such a high turnover rate. you might say they dont care, and perhaps they dont, but considering that they didnt know that they had all uncontracted ALTs, they probably dont know anything about our contract stipulations either.

You are hired by the DC, not the BoE, you are not privy to the information shared between them and you should certainly not be giving information/making complaints about your employer/their contractor. It was mentioned that you are "subcontracted" this is a misnomer, you are not, you are a dispatch worker.
You are hired by the DC, not the BoE, you are not privy to the information shared between them
I was thinking that i was going to ask the person from the BoE to come visit school while i am negotiating my contract just to make sure they understand the conditions that its indirect employees are working under. then they might figure out why they have such a high turnover rate. you might say they dont care, and perhaps they dont, but considering that they didnt know that they had all uncontracted ALTs, they probably dont know anything about our contract stipulations either.
Richard_Benoit wrote:
As for the danger, I would never personally call the board on my company like that. NEVER!
About the August pay? About any pay? The BOE knows very well what the DC business is, that's why most of us even have a job. It's a cost effective, hassle-free way to get foreigners in the classroom.
Now then, BOE's as the hiring agency should be aware of the conditions of the contracts that the DC are giving their workers. BOE's are responsible for the contracted workers while in the school's, and SHOULD be made aware of the contract conditions. Let's say for example only here that a DC hired ALT, god-forbid, does something to harm a student, the parents could hold both the BOE and DC responsible. The BOE is liable as well while the DC hired ALT is in the school.
Jessen is not looking to find out the information that you are saying here, to refresh everyones memory;
"I was thinking that i was going to ask the person from the BoE to come visit school while i am negotiating my contract just to make sure they understand the conditions that its indirect employees are working under. then they might figure out why they have such a high turnover rate. you might say they dont care, and perhaps they dont, but considering that they didnt know that they had all uncontracted ALTs, they probably dont know anything about our contract stipulations either. I also want to know if the BoE pays the DC for august while we dont get paid. I have a sneaking suspicion and even hope that's happening."
The only information that would be possibly privileged between the BOE and DC is the highlighted part and I already answered that portion so it would be pretty safe to assume that part wouldnt come into the discussion. Also that part, highlighted above, I intentionally left out of my original reply/quote. He is just looking to have the BOE be made aware of HIS contract with the DC not the other way around.
I have never suggested he try to ask anything regarding what the contract between the BOE and DC. Dont put words into my mouth and make it seem otherwise.
Paul wrote:I would strongly suggest that you do this. Maybe the BOE is aware of your sub-contracted conditions and just turns a blind eye to it and doesnt care how high the turnover rate is because, well they dont care. Or they really do not know and it might be an eye opener for them and maybe learn that they are in actuality paying over-board for services that they could directly hire for much cheaper.
Either way it couldn't hurt. Go for it.
Paul wrote:I am also going to state here that I think it is pretty safe to assume that DC's are aware and current with the laws regarding the people they hire and dispatch to the school's. I think ModMan pointed out here and many I think will concur with as well, there are plenty of "laws" here in Japan that may be on the books but are not effectively enforced or cared about. That does not just go for labor laws either.
Paul wrote:The point is, being made aware of what the laws are is one thing, doing something while trying to live here and make a living is something totally different. No one is arguing that point. The Labor Relations Board can "tell" them all day long what they should be doing but either the BOE or DC have ways around that as well. Take Interac for example, the leopard changes it's spots.
It is not his place nor position to make the BoE aware of anything to do with the DC,
if that task is being carried out, the responsibility for the legaility of the ALT's position rests solely with the DC, the BoE is not liable.
I'm sorry if you think it is better to sit back and get shafted rather than make a simple 5 minute visit to the labor office to protect your rights. Personally I will stand up for mine. It's not a big deal, quite simple really.
Paul wrote:
His place? He can do as he wishes, and it is not illegal either for him to do so, IF he so chooses. Does he want to open that kettle of worms? That is his choice.
That is not what I said, the BOE can be very liable in a case where the ALT does something in the school that is either against the school rules or otherwise. IF the ALT does as he or she is contracted to do then of course there is nothing to talk about.
The BOE is liable for everyone hired in a school at any given time directly or indirectly , and I hope that no one thinks for one minute otherwise. Usually it is a moot point as no problems occur.
Maybe not today, but the ax will eventually fall. Corporations and City Offices have long memories when it comes to employee's that want to try to screw with them, whether they are in the right or otherwise. One has to carefully balance the merits of such actions.
However, I still stand by his inviting the BOE to view his contract, in the situation he has shared here, I would seriously consider it myself as well.
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Richard_Benoit wrote:I guess we really have to look at Jessens ultimate goal here.
If he is looking to draw attention to his contract, and discuss the business with the client (against the contract) and still keep his job....
Then I would give the ADVICE that it is dangerous to do so and he will lose his job.
If he is looking for some sort of justice, and risk his job in the process by all means make some waves.
Hope that helps.
TENGU wrote:
So from this am I to assume that you are saying that it is the place of employees to directly interact with their employer's clients regarding contracts and working conditions that they are employed under? That is what your statements read as. I didn't say talking to them is illegal, I stated that causing a problem between the employer and their client can be prosecuted under law, that is illegal. Harming a business is very much frowned upon here, you know that.
I called my coordinator at my dispatch company last week asking her to bring us (the employees in the entire prefecture) our contracts, to wich she responded that they were doing a demo lesson for a BoE that day and couldnt get there. despite not having over half the positions filled in this city i work in, they are trying to get more BoEs. thats a different issue though.
So after calling up a woman from my BoE and informing her to her great surprise last week, that none of us are contracted, she called the dispatch company, and sent someone out with our contracts that evening. They got most of them taken care of i believe,
as for the initial question in my OP, a guy at my DC company said to me that because they are 業務委託 that they are able to continue with the same employee and contract at the same place for more than three years.
Richard_Benoit wrote:as for the initial question in my OP, a guy at my DC company said to me that because they are 業務委託 that they are able to continue with the same employee and contract at the same place for more than three years.
This is soooo dodgy isn't it. Give your services for year after year only to be recognized as a new employee each year. Just another way to avoid paying any more than they need to.
Also thanks for answering my question about signing it. Not even seeing a contract then heading to work? Thats just insane!
Dodginess abound!
Not to take anything away from Jessen and his interesting information and experience here, I would just add that these problems occur within the "Japanese" side as well and is not limited to ALT's.


Otaku wrote:Not to take anything away from Jessen and his interesting information and experience here, I would just add that these problems occur within the "Japanese" side as well and is not limited to ALT's.
That's a good point to point out...
jessen100 wrote:Otaku wrote:Not to take anything away from Jessen and his interesting information and experience here, I would just add that these problems occur within the "Japanese" side as well and is not limited to ALT's.
That's a good point to point out...
Not really, just because other people are getting MEXTed too, doesnt justify it. not that you are necessarily justifying it, but my company has mentioned it to me as if to make it seem ok. not that any of you need convincing, but I would think that as a japanese person dealing with the same situation you would be equipped with:
- a much greater deal of cultural understanding
- knowledge of your basic rights
- better japanese ability
- where to go in the event it happening,
- more/other employment opportunities
- more?
all of which you would be able to use to avoid the situation. its these things that most foreigners lack which which turns this type of business with ALTs into exploitation.
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