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Part time paid holiday trouble 2020/5/7 21:11
Hello, i've some trouble with a japanese company which I worked part time for in Japan.
So I worked there for about 11 months. In this time I worked there every week for at least 5 days, sometimes 6. Everyday was at least 7 hours, the top was sometimes 9 hours. Total days I worked there in 11 months exceeds 216 days.

First Issue
So.. they gave me 7 days paid holidays. However I read in the japanese labour law the following: "The first exception is annual paid leave for part-time employees. Employees who work more than four days per week, more than 216 days per year or 30 hours per week or more are entitled to the same paid leave as full-time employees; however, those who work less are entitled to less annual paid leave, in proportion to their working hours."

If that is right, I could get 10 days paid leave or am I wrong? But they insist that I only can get 7 since i'm a part timer and they say that this is the maximum they give.

Second Issue
I got for one day of paid leave half of what I would normally get when I work. So for example I get a alltime average of 8.000JPY for a work day but for my paid leave day I only got 4.000JPY. I haven't signed any contract so there is nothing written about how much I would get for a paid leave day.

I also haven't received any of my pay slips. I only got my last one per email after much talking but they wont send me the others. I would like to check myself if I'm qualified or not.

So maybe I'm completely wrong and that is also fine with me. Maybe someone here has a little bit of knowledge about that.
by Tkjo (guest)  

Re: Part time paid holiday trouble 2020/5/8 10:46
See the second table in this page below (wish you can read Japanese).
https://domonet.jp/plus/post?id=688

As you've worked for them for 11 months, you fall under "0.5 (years)". The key point of the argument is "how many days have been set in your regular shift".
What's in your contract paper and were your working days per week stable/fixed? I suspect you hadn't worked 4 days or more until some point since you started working.
Considering their giving you 7 days paid off, they know labor law and have will to follow it.

Another point is if you are ok to quit this job. It doesn't happen often that a part-time employee who have worked only for 11 months insists this kind of stuff. Their impression of you has been already not so good, but are you ready for quitting after you resolve this?
I don't know anything about you and your job, but generally, there are always replacements for part-time jobs.

I recommend you to involve an intelligent Japanese business person who can research legal stuff and can deal with this trouble calmly and in an appropriate way.
by .. (guest) rate this post as useful

Re: Part time paid holiday trouble 2020/5/8 16:16
Read your employment contract you sign before you started working.
by H (guest) rate this post as useful

Re: Part time paid holiday trouble 2020/5/9 06:43
I haven't signed any contract so there is nothing written
No contract - that's the issue and your big mistake.
by JapanCustomTours rate this post as useful

Re: Part time paid holiday trouble 2020/5/9 13:24
Hi again.
It's not a matter of working contract, actually. Even if you don't have a contract paper in your hand, only if you can prove you are qualified 10 days paid off, your employer has to give it to you because it's a law. It's not something the employer (or you) can control by the contract.

I referred to your contract because I suspected you are talking only about recent days in your question. If you worked less than 5 days a week until some point, you are not qualified legally and your employer is right.
by .. (guest) rate this post as useful

Re: Part time paid holiday trouble 2020/5/10 08:50
I would still contend not having anything in writing is a mistake - even simple things like the offer and acceptance and basic terms like how much the rate of pay is should be in writing.
The Labour Standards Law and other legislation still provides the legal basis and framework.
by JapanCustomTours rate this post as useful

Re: Part time paid holiday trouble 2020/5/10 10:07
although it is too late,
you should behave yourself as clever as possible.
generally speaking, no employer will hire trouble makers. now, many people lose their jobs, because of the virus. you are happier than they, because you still keep your job.
instead of insisting of correctness of interpretation about paid holiday, you should more focus about keeping your job. it is now highly difficult for you to find a new job.
by ken (guest) rate this post as useful

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