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Full time employee but no work
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2020/4/2 19:22
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Hello
I'm full time employee in a company in Tokyo. I was part of the team in charge of the cleaning of a hotel. My company recently ended the contract with the hotel, telling me that since I'm an employee, they will give me an other job. Contract with the hotel ended, they told me that I won't have a job for a week. So i asked to use my paid leaves (I still have my 10 days available). They answered me that there's no more work for me so i should look for a new job.
My contract says I'm employee for an unstipulated period of time, depending on my visa renewal status.
What can I do? Are they allowed to leave me without work? Can they refuse my paid leaves like that? If they don't have any work for me, do they have to fire me? If so, do they have to pay some kind of compensation to me?
Thanks for enlighten me!
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by Milou (guest)
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Re: Full time employee but no work
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2020/4/3 19:22
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Hey there i just have a couple questions for you
Are you a regular employee or a contract employee? Despite of your answer you should read your contract and confirm.
Can you speak Japanese?
What kind of visa do you have?
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by saltystormspirit (guest)
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Re: Full time employee but no work
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2020/4/3 21:02
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What can I do?You should consult with the labor bureau near you. https://www.check-roudou.mhlw.go.jp/soudan/foreigner_eng.htmlCheck this site https://jsite.mhlw.go.jp/tokyo-foreigner/english/seekers_1/spec.htmlor this Labor Bureau - Labor law related (in Japanese) https://www.check-roudou.mhlw.go.jp/law/Are they allowed to leave me without work?Yes, but they still have to pay you your normal salary unless there are changes to you employment contract. Can they refuse my paid leaves like that?http://www.japaneselawtranslation.go.jp/law/detail/?id=2236&vm=04&re=0...If your company says that you canft use your paid vacation days, you can quote/check Labour Standards Act : Article 39 No.5 "Employers shall grant annual paid leave under the provisions of each preceding paragraph for the particular period requested by the Worker; provided, however, that when the granting of leave for a requested period would interfere with the normal operation of the Business, the Employer may provide leave for a different period instead."If they don't have any work for me, do they have to fire me? If so, do they have to pay some kind of compensation to me?If they decided to fire you, they must give you at least 30 days notice or pay compensation up to days short of 30days notice. The legality whether they can fire you because of no contract available/work for you, consult with labor bureau. Also if you paid into Employment Insurance System, you can claim unemployment benefit immediaately if you are fired. If you resign, there is a waiting period before you can claim the benefit. Visit you local Hello Work office. https://blog.gaijinpot.com/understanding-japanese-unemployment-insuran...
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by @.. (guest)
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Re: Full time employee but no work
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2020/4/3 21:48
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you need to consider very CAREFULLY that you choose either one of "fighting with the company you are hired and getting some money" or "by having a good relationship to the company, you expect that you may get a new job through them".
immigration only concerns that you have a job (by which you get money) or not. I am a little bit curious that you say you have a working visa (?) of "the cleaning of a hotel".
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by ken (guest)
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Re: Full time employee but no work
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2020/4/3 22:19
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I believe OP has to be on a familiy visa like spouse or child or something lol .
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by saltystormspirit (guest)
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Re: Full time employee but no work
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2020/4/4 09:16
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I know several people working as cleaners in Japan with valid visa status. Sounds like you are in a similar position to many others that are losing their jobs. If your company has no work for you, they can fire you - terminate your employment. Notice period will be in your contract - maybe 14-days, maybe a month. The stand-down period for Hello-Work and unemployment insurance is 7 days from when you visit Hello Work if you are fired. If you leave your job it is much longer - 3 months. You will need a £E[ (rishoku hyo)or turn-over slip from your employer. Have a read of https://origami-book.com/column/course-en/7314
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by JapanCustomTours
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