When I originally started working for my company I was provided with a ¥25,000 monthly rent allowance and I was living in an apartment provided by the company. After a couple of years, I moved out of that apartment but stayed in the same area. My company told me I was not gonna receive the rent allowance anymore because it was only for employees that lived in the apartment provided. I thought fair enough. The allowance however was never removed from my contract, I just stopped receiving it.
Fast forward to last year and some new teachers were given the monthly allowance despite living in their own apartments because said apartments were in walking distance from the school. This didn’t match the explanation I was given and my apartment is in walking distance from the school too, so I asked why I wasn’t receiving it anymore. They said I gave up my right to the allowance when I moved out, and that it shouldn’t be in my contract anymore, it’s a mistake.
They have agreed to give it to me from April, since newer teachers are receiving, however technically I should be entitled to receiving it since the time I moved out. The contract just says “monthly rent allowance ¥25,000”, no explanation and no conditions. Should I hire a lawyer and argue with my employers about this? Or do I not have a right to it? The explanations they gave me are not written down on paper anywhere. The total amount would be ¥450,000, but I’m hesitant to develop a bad relationship with the people I work for/with.
9 comments
What benefits other teachers get doesn’t matter. What matters is what your contract and perhaps what your employer’s rules say. Maybe the other teachers live closer than you thus benefiting from some obscure rule in your employer’s handbook.
Unless you have it in black on white that you are supposed to receive housing benefits, you are SOL.
Depends if there’s anything documenting the meaning of that clause prior to you signing. Because on its face it means that sum of money. Otherwise it’d say “company provided apartment”. Might want to be working elsewhere before you sue them though.
Remember that the lawyer will take a chunk, so you might want to offer to settle their debt for a discount before you start proceedings.
Wait until you’ve started to receive the payment again.
Then put a letter together to act as a 請求書(invoice).
Hand, email and send via registered post.
This formalizes your request. Don’t get into any argument with them. If they ask “why you gotta do me like this!!” Just say you feel you have a valid claim so wanted to formally advise them.
If they ignore it let it drop then remind them when you eventually leave.
If you want help with the letter just use common sense. State facts that can be easily verified. Join date, section of the contract, fact payment was removed then reinstated. Date range you think you are owed the allowance for. Requested interest rate for delinquent payments.. ha ha. The last one was a joke..
Lawyer up for this ? You would pay more in legal fees even if you won. Better to discuss it with them directly and find a mid solution
> Should I hire a lawyer and argue with my employers about this?
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>The total amount would be ¥450,000, but I’m hesitant to develop a bad relationship with the people I work for/with
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I am a bit surprised by the reaction, because it seems absolutely obvious that whether you’re right or wrong won’t matter, escalading the matter to a -lawyer- at this stage for something like that will instantly deteriorate the relationship you may have with the company and throw it to the gutter, even if it’s bad already. Best case scenario, you make a couple hundreds of thousands JPY (minus an hefty legal fee), but the company will then see you as the troublemaker.
It’s better to just take the offer they made and not create an antagonistic relationship with your employer by pushing it or trying to sue them.
Let me get this straight. You agreed to not get paid for the rent allowance when you moved and now want back pay since new teachers are getting it?
And are trying to use the technicality that since they didn’t actually remove it from your contract — and despite you agreeing to (the change) — they should pay up?
Yes sorry mate. I know house owners can be major dicks with deposit etc. that being said you should push to get your money in another way
I’d be curious to see what the Japanese version of your contract is regarding the housing allowance. Do you have a Japanese contract you can compare the English contract to?
I’d also contact the general union, or the labour board before I’d talk to a lawyer.