Hey, using a throwaway because this is a sensative issue.
I’ve been employed through a dispatch company at Company A doing IT work for three years. It’s always been a 3-month contract that they’ve renewed over and over. My third year ended at the end of January, and they gave me my new contract for February through April last month. (I needed a physical copy to renew my visa.)
However, now–a few days into what should be this contract–they’re telling me that company A wants to change the contract to a 2-month duration, ending in March, after which it will most likely not be renewed again.
I already have the 3-month contract for work though April, so I told them “No thank you. I’ll just stick with the 3 months we agreed on.” But the dispatch company is saying the request from Company A came after they gave me that contract, so I have to accept the change or I cannot work for them anymore.
This sounds shady as heck to me. I have a digital copy of the 3-month contract, but crucially, it doesn’t appear to be signed.
It’s been renewed 11 times after it was made over three years though, and I believe it’s just basically auto-renewed until now. They would ask me if I wanted to continue working there, I’d say yes, and that was it.
Do I have the ground to stand on to say “We already made the contract. You can’t change it”? Or is there some sort of gray area where they can send me an unsigned contract, I start working under the assumption it’s valid, and then they say it needs to be changed to become valid?
If it helps, this is also the contract they gave me to submit to the immigration office. I remember that one also was not signed. I asked them about that at the time and they just said “It’s OK. There’s no problem.” I should have pushed harder, but I really needed to submit the visa renewal application that day, so I was like “Whatever, maybe it’s signed digitally or something.’
Also, what about the 3-year rule? I read that if you’re dispatched at the same company in the same role for more than 3 years, they have give you a permanent role if you want it. I am now a few days into my 4th year.
I asked Company A for one, but they said they already have too many staff for too few projects, so they’re not taking on any more.
My dispatch company also said that rule doesn’t apply to me, though I don’t understand why.
My contract says I’m gyomu itaku, though it *seems* much more like I’m haken. From what I understand, gyomu itaku workers are like freelance where they accept or decline tasks from the company, then are paid for their completion.
My work has always been paid hourly, and I cannot choose or decline tasks. I just work 8 hours a day, do whatever they assign me, and get paid for my time.
Can I fight this? *Should* I fight this? I’ve emailed a labor law office in Tokyo just to see what they think. Thanks.
by Some_Ant_