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Archive for the 'Legal & Visa' Category

9/18/2006

Unions

There are a lot of horror stories out there about things that big, bad eikaiwa and other Japanese employers have done to unsuspecting gaijin. You hear about court cases, unfair dismissals, failure to get paid for months. For those reasons, a union has been set up to help workers deal with their employers.

Before I go on, I should point out that I am not a union member and never have been. I didn’t think it was necessary for my short time in Japan and at any rate, I didn’t have the money. But if you’re planning to be in Japan, especially for more than a year, this may be important for you.

The National Union of General Workers has a Foreign Workers Caucus which focusses on any foreign nationals’ labour issues. The focus does tend to be on English teachers but they seem to take on any workers. The General Union is based in Osaka but there is also a Fukuoka branch and the Tokyo Nambu branch.

Looking at these websites, you will find a lot of propaganda. Your employers may shoot off a lot of anti-union propaganda but believe me, the unions are just as guilty of propaganda too. There was one section on the website that amused me - making the ALT program run by organisations like JET seem like a bid for world domination via “soft power”. Read how they go nuts when Margaret Thatcher is mentioned. The front page of the Tokyo Nambu site even displays a picture of the site’s author parading as Che Guevara.

Now, I don’t doubt that there are occassions when unions are necessary to protect workers rights, especially in a country like Japan where there are very few rights given to foreign nationals. And it seems like whenever there’s been a dispute where the union became involved, it usually ended successfully for the employee and the union. But geez, I wish they wouldn’t behave like that while they do it. Couldn’t workers’ rights be protected without resorting to slander and name-calling? The Tokyo Nambu page is a blog/editorial, sure, and just the opinions of one man, but I’d be more inclined to join myself if it felt more like a professional organisation.

Anyway.

It is a legally registered union that has been around for over 30 years. About 60% of the members are in fact Japanese. They have several ongoing disputes, including with NOVA and Berlitz. They are fighting hard to get Shakai Hoken implemented everywhere where necessary and pressure companies to ensure they are following Japan’s labour laws.

So yes, they do good work. They just sound like over-confident, self-righteous university students when they do it.

The General Union in Osaka lists their yearly membership cost as 36,000. That’s a fair chunk of cash but if you know you’re heading to work at a questionable company, it may be great insurance. Either way, you should always do your own research before making any decisions or taking any actions.

Image from nambufwc.org

Links:
General Union
Fukuoka General Union
NUGW Tokyo Nambu Branch

Posted by Chidade in Legal & Visa | No Comments »

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6/26/2006

Overstayed your visa?

What do you do if you overstay your visa? Especially if it’s for a short period, generally by accident? To be honest, I didn’t really know. I had heard rumour of deportation at your own cost, plus being barred from entering Japan again for up to 10 years.

Thankfully it hasn’t happened to me, because the eikaiwa will keep a very close eye on visas and expiry dates of their employees. I imagine because they would get into more trouble than the actual employee because they’d be hiring us illegally. When my visa was due for renewal the eikaiwa got on my case and reminded me almost daily to renew it. Then they wanted a copy of it as proof. So, I’m okay. But there might be some who aren’t.

Shortbuscolin (linked through kissui.net), an American, recently overstayed his visa and lived to tell the tale. It seems that there isn’t much information about what to do on the internet, so hopefully his story will help some people in the future.

Two most important things to remember:
1. The visa is 90 days, not 3 months. Keep this in mind and try to avoid overstaying. But, if you do, then…

2. Go to the Japanese Immigration Bureau, not your Embassy.

There is a process that you can follow and while it will be expensive, if it was genuinely an accident that you overstayed for a short period, then the Bureau will sort you out, without too much trouble.

Don’t forget to check this post for more information on visas and hopefully a growing list of directions to Immigration offices around Japan.

Posted by Chidade in Legal & Visa | 5 Comments »

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8/16/2005

Visas and Re-entry Permits

These rules may only apply to Australians, but could be similar in your own country. Although, I have heard rumours of Americans being able to do whatever they liked, visa-wise, and the Japanese being very happy to let them do so. At any rate, double check with the Japanese Embassy or Consulate in your home country.

Firstly, working holiday visas and work visas are only valid for 6 months, but you can extend them. The Australian working holiday visa can be extended for a maximum 18 months. The work visa can be extended until you are considered too old, which from memory is 42. Feel free to correct me on that. Also, you may be able to change from a working holiday visa to a full blown work visa while you are in Japan, so long as you meet the requirements. Work visas will require “sponsorship” from your eikaiwa - that is, they state that they will be your employer.

You’ll have to reapply for the visa yourself at a local ward office, the eikaiwa can’t do it for you, although they will give you information on where to go and how to do it. They’ll also be a referral to call if the local ward office has problems with your application.

Also important to remember are re-entry permits. If you go on a holiday outside of Japan during your stay, you’ll need to apply for a re-entry permit to make sure you can use the visa you have to re-enter Japan. Otherwise, you’ll get stamped witha tourist visa on re-entry, your work visa will be null and void, and you cannot work again. Bummer. Re-entry permits cost between ¥3000 and ¥6000.

It’s a lot of legal info to take in, but it’s best to avoid major problems. Because, sometimes even big eikaiwa like Nova can’t save you.

Links:
Nova’s website has some visa information but it’s not very comprehensive

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7/18/2005

Working Holiday Visa

DISCLAIMER: The visa description I’m going to give here is relevant only to Australians, although I can imagine similar schemes being in effect around the world.

The Working Holiday visa was set up because the Australian and Japanese governments want Aussie and Japanese young people to travel and “experience each other’s culture”. Japan is obviously steeped in culture, I’m not sure what culture they had in mind in Australia….

Anyway.

I have to get one of these visas to teach English in Japan because I don’t get my big shiny bachelor degree until October. Except, I’m not allowed to say that I plan to work more or less full time. The idea of this visa is that you wander around Japan, taking in the sights and sounds, while doing a little bit of work to supplement your travels, since you’re likely to have spent all your cash by Day 2 in Akihabara.

And they aren’t kidding about the “wander around Japan” bit either.

One of the forms I have to fill out is a planned itinerary. I have to say which part of Japan I plan to be in each month, and what I plan to do there. I am not allowed to write in the same location for more than two months in a row. So basically, I’ll have to fib to the Japanese consulate, because although the eikaiwa I plan to work for is rather flexible about moving around the country, I don’t think they’d like me to do it every two months.

Other requirements include a resume, current passport, and a short essay about what you plan to do in Japan, which, if you actually want the visa, should be along the “experiencing Japanese culture” lines and should not say things like “working full time at an eikaiwa”. Sure, I want to experience Japanese culture and practice my Japanese, but the essay will be another fib.

Dodgy, eh?

I’ve been told by the eikaiwa that the Japanese authorities don’t enforce the itinerary and will just wave me through, but in this day and age of terrorism and increased security, I’m a bit worried about the authorities actually tracking me down and checking that I am within the confines of the visa.

I guess I should change to a full blown work visa as soon as I can. But it will be an edgy first six months for me.

Posted by Chidade in Legal & Visa | 1 Comment »

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