Hey guys, figured it would be fun to follow up on [my previous post](https://old.reddit.com/r/japanlife/comments/15f0qgs/follow_up_question_is_this_commuting_considered/).
So my coworker has decided to resign and has found a new job in a different part of the country. She and her husband will both be employed when they get there, and it sounds like it is a move they’ve wanted to do for some time, so looks like a happy ending even though the path there was a little tough.
Now the company is going to ask me to work and do this shitty contract which includes:
* Potentially having work duties at 5 different locations.
* Working at 2 different schools in a single day, probably 3 times a week (honestly, probably every day).
* Basically no pay increase or extra benefits.
* Potentially dodgy break time schedule like in the last post.
I’m going to tell them to pound sand. I’ll double check the last post because I think this was commented on, but is it possible/legal to:
1) Audio record the conversation we are going to have as a one-party consenting scenario (I don’t want to tell them I’m recording).
2) What are my protections from retaliation if I refuse? I’m worried they may not renew my contract next year because of this.
The saga continues, not sure if people want to follow up and hear about it, but I figured it might be an interesting post. Thanks in advance for any comments or advice!
Edit: I think I have to add an extra detail. Right now, I work at one afterschool eikaiwa location and sometimes cover for another when they need (which now will be very frequently because coworker is leaving). They are now asking me to also work at a daycare, which would be the other multiple locations that I would work at. They are asking me to do a different job than I agreed to start with. So the problem isn’t just the amount of locations I will cover, but also the fact that they are trying to change me to be a teacher to a daycare worker, which is a major no for me personally.
6 comments
” I’m going to tell them to pound sand. ” Good.
1. Yes, in Japan you can audio record conversations you’re in without their knowledge.
2. I’m not sure what you mean by protection, but if you’ve been enrolled in unemployment insurance, you can get some money from Hellowork if they fire your ass I think. They won’t renew your contract, probably.
Telling them to pound sand is pretty much a guaranteed way to not get your contract renewed, yeah. Not saying not to do it, but get your resume up to date and start looking for jobs now if you’re gonna go that route.
they have complete freedom not to recontract you for next year …
unless
1. you’ve been contracted 5 years or more and submit a document requesting permanent conversion (muki.mhlw.go.jp)
2. you’re a contractor in which case there’s a way in 3 years (労働派遣法)
3. the non recontracting is specifically because you used legal rights
the problem with using any of these routes is that they will despise you. The further problem with the third route is that it would come down to court proceeding to figure out whether or not the non rehire was specifically because you used legal rights or that it’s merely a coincidence and falls within their rights.
“…a recording of a conversation with Appellant that was made for use as evidence by a person who believed himself to have been defrauded by Appellant and who distrusted Appellant’s explanation. Under these circumstances, it is not unlawful for one party to a conversation to make a tape recording thereof without the other party’s consent, and the contention that the aforesaid tape recording is inadmissible as evidence is groundless.
Therefore, in accordance with Article 414 and Article 386, para. 1, sub-para. 3 of the Code of Criminal Procedure…”
found on courts(dot)go(dot)jp
(edit: more context)
Yes. You can record conversations without telling the other party in Japan. This is simple, but it can quickly become complicated.
Things can get very complicated legally once you “share” that recording with others. Keeping it for your own use without purposefully sharing it will in most cases be defendable if you are challenged on the ethics of it. However, once you share it with another party other than someone on the recording there is the question of your intent, and this can be grounds to legally challenge your use of the recording.
For example, if the recording does not have much to do with you but instead is just used to collect information to undermine or damage the reputation of the person you recorded by spreading rumors or directly sharing it with others that are professionally connected to the individual you recorded for the same reason. This can be seen as a purposeful attempt at professional reputation damage which can be calculated as monetary damages.
In short, if you secretly record someone, don’t share it with anyone (not even family) before you have consulted a lawyer on your intent. Otherwise it may likely backfire on you and at minimum destroy your reputation for trust or even get you fired and sued. If you have already shared the recording with someone, you’d better hope you can trust them to keep their mouth shut about it. Recording people is not as simple a matter as people make it out to be in these posts.