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Can I sue someone for unpaid salary? 2017/4/10 00:38
Hey everyone!
A Couple of months ago I started working in a bar. The owner wasn't japanese. He told me that he is feom US, but it was so obvious that he was from an African country( I guess form Nigeria,based on his accent) It seemed to be nice and silent place. I was planning to work only for 2 months, while im in spring break. First the owner was very nice, probably because I was the only one who was working there and he needed me. But Eventually he left everything on me and were coming to the place once in a week for 10-15 mins. Even tho I was looking only for a part time job to kill time twice a week, I ended up with working there 4-5 even 6 times in a week, with tons of responsibilities.
Since it was tough I started looking for other people who can work with me. And as soon as I found someone the owner changed his attitude. And finally I told him that Im quitting, after what he decided that he is not goong to pay me. And his excuse is that he never asked me to work. Since I had lots of evidence that he was asking me to work, he started blaming me in stealing something from the place. When I asked him to go to police if he thinks that Ive stolen something he started telling other stupid things.

When I tryied to go to police or to a labor related organizations I understood that here in Japan they actually don't do anything to help. They were just calling him and asking to pay me, and that is all.
I had quit my short term study abroad in a very good university, had tons of other problems because he didn't pay me the amount of money I was planning to receive?
So my question is if I can sue him nit paying me, as well as for other probles I got becouse of him?
Did you have such an experience?
by Suzannasu  

Re: Can I sue someone for unpaid salary? 2017/4/10 18:31
theoretically possible, but practically impossible.
by ken (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/10 19:33
When I tryied to go to police or to a labor related organizations I understood that here in Japan they actually don't do anything to help.

It's not police's business. They deal with penal cases and your case is a civil affair.
And Labor Standards Bureau don't step into conflicts between employers and employees as they are not judges.

What you can do is
A. Hire a lawyer and negotiate with him.
B. Talk to the labor union. They will also charge you 20-30% of your profit though.
C. Do everything by yourself.
by .. (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/10 19:42
Are you a Japanese resident, if not, do you have a working visa, if both is no, then it's not possible.
by kms899 (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/10 22:19
Is everything that hard here in Japan?
I mean I have lots of evidence that shows that Im right but I don't know how to use them. And Im not sure that it works here in Japan. It feels like they don't want to stand between two foreigners.
Im not Japanese, I have student VISA which allows me to work 28 hours in a week.
by Suzannasu rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/10 23:06
I think your work in a bar is illegal, under a working permission of a student status.
by ken (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 00:10
I ve just checked it, and It seems to be illegal, indeed. I even didn't know (((
I cant believe that he will walk away with that.
by Suzannasu rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 07:37
If you were working illegally and can't do needed paperworks in Japanese everything should be hard of course.
by .. (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 09:32
You could bring your evidence and lodge official complaint to the labour dept./hello work.

But again, since your part time may in violation of your part time permit/student visa, you should prepare yourself on being revoke of your student visa status.

How to go about labour dispute.
http://www.sumikawa.net/?page_id=913
http://tokyogeneralunion.org/japanese-law/labor-standards-law/
by ... (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 09:48
The guy probably knew that you were not allowed to work in bars, clubs etc with a student visa. He knew, I knew, some here knew, you did not. It is a basic procedure to check the rules of the country you are living in. What you are allowed to do with the visa you have, what you are forbidden to do, how to renew it, requirements to get a new one, change of status...

Today, people always seem to have plenty of time to waste on social medias, but no time to check about basics...
by Gaby (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 13:59
well thats too bad ...
1) his action was very bad ... he is a foreigner,he should understand your situation. he knew the reason why you chose that job as a foreigner.

2) you violeted your visa status ... because you engaged on nightlife activity .
3) do you have your time card with you ?.
by chike20 rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 14:19
A non-documented (illegal) worker is not condoned but even so, you have the right to receive your full wages as per the agreement with your employer.
The Labor Standards Law stipulates in Article 24 that the employer must pay you your full salary or wages in cash on a specified date at least once a month.
Actually, however, it is true that illegal foreign employees hardly ever claim by due process the right to be paid wages, for fear they may be deported because they overstayed their visa.
In fact, there are some abusive employers who exploit this.
To prevent this illegal exploitation, the Labor Ministry has issued a circular saying that the Ministry will uphold the rights of illegal employees under the Labor Standards Law, without reporting such employees to ask the related administrative organizations for assistance so ask to be paid the full amount of wages by the employer.
Recently there have been increased advisory services in foreign languages for foreign employees provided by various organizations.
I don`t know your location but there are services provided by the Labor Standards Inspection offices and Labor Administrations offices in the Tokyo Metropolitan Government which are helpful on this kind of problem.
If the amount of unpaid salary or wages is small, it would be better if you use an advisory service provided by administrative organizations.
If the amount owing is large and you also have other problems, you can consult a lawyer or a labor union which you join as an individual, especially in cases where there appears to be a big problem between you and your employer which accordingly needs a lot of time to reach an agreement.
by justmyday rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 14:21
Some other information about the labour standard law.

Wages must be paid to the workers in currency, directly, in full, at least once a month, and on a fixed date. (Article 24 of the labour Standard law). Concerning the payment in full, however, exceptions are made such as statutory deductions for taxes, employment insurance and agreed deductions for union dues, etc.
In case a worker resigns from his employer, the latter must pay the former outstanding wages, etc. within 7 days following the receiving of the former's request for payment. (Article 23 of the Labour Standard Law).
by justmyday rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 16:12
working in a bar is one of underground jobs. ordinary people will not have such jobs.
owners could be a member of yakuza or have some relation to them.
there is a clear reason why the government does not give the work permission.
no one should expect that they follow the laws.

since the OP already quit the school, he/she must find a new school within a few months. otherwise, he/she will become an over-stayer. he/she has no more working permission (28 hr), because he/she left the school.
if immigration find him/her, he/she will be banned.
by ken (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/11 16:41
As a rule from the immigration, Student visa holders are not allowed to work in order to earn money. But you can work part time as long as permission is granted in advance. Referred to as permission to engage in activities other than that permitted under the status of student previously granted (shikakugai katsudo kyoka)h. This will allow you to work up to 28 hours a week and 8 hours per day during a long holiday if you are an occasional student

only attending certain classes, not full time, you can work up to 14 hours a week. There is no restriction on the type of jobs, it doesnft have to be related to what you study at the university. But there are some exceptions;

These are the target of Businesses Affecting Public Morals Regulation Lawi•—‰c–@).
Never work at such places!

1. Japanese cabarets, in which staff dance with customers and entertain customers with food and alcohol
2. Host and hostess clubs, in which staff entertain customers with food and alcohol
3. Nightclubs and discos, in which customers can eat and dance
4. Dance halls, in which customers can dance
5. Places serving food and drink like a cafe, a bar or a pub with dark lighting (less than 10 lux)
6. Places serving food and drink like a cafe or a bar with low visibility and narrow seats (less than 5 square meters for two)
7. Mahjong parlors and pinball parlors
8. Game arcades, in which customers can play with video games, slot machines, and so on
9. Sex industries including adult shops and adult video shops
10. Places providing adult images and videos through the internet and places providing telephone-based dating services
11. Places primarily serving alcohol like a bar, not serving food and alcohol like an izakaya, which open in late night and early morning

So I always understood that it means ALL bars, no matter what kind of bar.
by justmyday rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/12 01:56
All of these information s so helpful!
Today I tried to call Immigration ofice, and ask them. The guy told me that baRs are different, so as I understood unless it's not mizushobai then it's fine. But still he was keeping recommending me not to do that anymore.
The place Ive been working was more like HUB.
Fortunately I speak good japanese, what helps me a lot. I will try to go to the places you recommended me to go. And I made an appointment with lawyer for the next week.
by Suzannasu rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/12 02:10
And apparently the fact that he hasnt signed a contract with me not considered as illegal thing. In Australia he will fined for 10 000USD as I read in the internet.

About time card, unfortunately when I went there to take a pic of that it was gone. Probably owner has it.

Most annoying is that he was asking me to do not only waitress work, but cleaning, advertisement on PC, I made 3 nicely designed new Menus for him.
He was asking me to work even home(PC things).

If he asked me to do all of these not nice way probably I wouldn't be that stupid. He just was telling that he is having hard time, nobody is helping him.
The guy abused my kindness.

Good lesson tho
by Suzannasu rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/12 08:22
All the contracts are mutual. It's not only on employers' shoulders. That "he hasnt signed a contract with me" is not illegal of course. You shouldn't have started working without the paper. That's it.
by ... (guest) rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/12 13:30
is your right to have a copy of your time card. ... because that s the evidence that you work for him and your need to record a conversation between you and him . like asking him to pay you and he refuse .

thats while hellowork find it difficult to hold him.
also you can contact your embassy ...i think they have counciling department. they may help you out.
OR
is better to meet him and settle with him. because some time japanese authorities can not be trusted . someone can contact immigration and report you . then they will come after you on there own .
by chike20 rate this post as useful

Re: Can I sue someone for unpaid salary? 2017/4/12 14:02
It was a bad experience , we learn everyday, let`s move on.
I hope and wish you the best in future.
by Art and Art rate this post as useful

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