Job contract or SLAVE contract?? 1

[tumkursudhi]

I have a problem that I would like to discuss:
I am bilingual engineer capable of speaking Japanese and English language. We were a group of engineers who were trained to speak,read and write Japanese. We had to sign a bond for 5 years or were asked to pay 75 Man Yen(6,400US$) to quit the company. We were asked to surrender all our Certificates starting from School to University with Degree certificate also. Once we were sent to Japan we were bodyshopped to different companies and naturally our salaries were not high. Now the company is coming out with new rules and we didnot receive any bonus for the first year and they are also stating that they would not provide with Overtime payments. Whereas the company I have been bodyshopped demands me to stay late in the night. Apart from this in the first year of stay in Japan we were in the normal salary system and now some of us got into yearly package system. The company has only promised verbaly about the yearly and bonus packages. When asked for the written document we were given lame excuses. We were also promised free airfare once after two years of stay at Japan, now the company is stating that the airfare has been included in the yearly package (the package amount is the same without any increase!!). And eversince I came to this company, promised bonus was never paid to other employees also. I dont even have such a huge amount to quit this company right now. Will anybody suggest the ways out of this situation? Thanking you very much in advance..

 

[Kjonnnn]

Sounds like there is more to this situation. Why did sign up in the first place?

 

[KornGeek]

We had to sign a bond for 5 years or were asked to pay 75 Man Yen(6,400US$) to quit the company.

I'm interested in why you feel you "had to" sign. From my perspective, it seems like you chose to sign, and are now unhappy with your choice. I hate to say this, but it sounds like they are living up to the agreement you made when you signed, but you are looking to back out. If this is not the case, then you might have some legal ground to show that they broke the contract, and so it no longer applies.

Try consulting a lawyer or waiting out the remaining time. Also, what provisions are in the contract as far as performance? What I'm asking is what would happen if you refused to work more than a 60-hour week (which seems to be about the industry standard)?

 

[tumkursudhi]

Dear KornGeek,
Thanks for your time and concern.During the time of signing the bond only the amount to be paid in the case of discontinution was mentioned and now the new rules such as the non payment for the Overtime and demanding for the extra working hours, No Airfare, No bonus for the first year are being imposed. If by chance one refuses to meet their needs the treatment towards him will be worst. And for the doubt of why at the very first place did we agree to sign the bond was to the yeilding to the problem of scarcity of the job, yes we did agree to their initial terms and now after sending us to Japan they are coming out with all sorts of rules. What would be the best choice: consulting a lawyer or waiting for the next 3 years with the same treatment??

 

[KornGeek]

What do you mean "the treatment towards him will be worst"?

(I'm assuming you're an American citizen here.)
Another option might be to contact the American embassy. It sounds like they have stranded you in a foreign country without a reasonable means to get home. They might be able to also answer some of your legal questions without you having to pay a lawyer. However, your troubles might not make their top 10 list of priorities. (I have no expertise here, I'm just throwing out ideas.)

How large a company are they? The media might potentially be interested in your situation if they are large enough. If it comes down to it, though. I would look into collectively speaking with a lawyer, just to find out about your rights.

Please bear in mind, the above comments are strictly my opinion and are not backed by any sort of expertise. They are meant solely to help you come up with some options, and carry no guarantees as to their success. I assume no responsibility or liability should you choose to follow or not follow the above "advice."

 

[tumkursudhi]

Dear KornGeek,
This is a company consisting of nearly 80 employees. I shall consider your advice and lookforward for anyother suggestions.
Thank you once again.

 

[peteij]

If you signed a contract and they are trying to change the terms or not meet existing terms then they are in breach of contract.

I wouldn't swear to this, but if they have already broken the contract then they cannot hold you to it (e.g. the buyout clause).

Basically, I don't think you should consider consulting a lawyer as an option, but as an absolute necessity. Three years is an inhumanly long time to wait.

Make a record of anything said or written, particularly the latter. You will have a stronger case if you have all the evidence.

 

[jrbarnett]

The requirement to submit your qualifications seems a little dubious as well. I can understand them wanting to see evidence of your degrees, certificates etc, but to store them so that you can't have them for your own safekeeping.
It sounds like they were doing their utmost to stop you working elsewhere. In the UK where I am that would be definitely not allowed.
I don't claim to be an expert on Japanese employment law (or any others for that matter) but would suggest that you contact either your embassy or a good employment lawyer as a matter of course, as suggested by other participants to this thread.

John

 

[monkeylizard]

Got to go with KornGeek on this one. Check with your Embassy (U.S. or otherwise) and see what they have to say. This is probably more common than you think and the professionals at the embassy can at the very least point you in the right direction.

One more thing...

Get a lawyer.

Monkeylizard
-Isaiah 35-