BOE would like to offer me a direct hire ALT position for next school year. Would this cause any problems legally?

24 comments

1. “I recall reading a post on this sub that ALTs who previously worked for the dispatch company are legally prevented from being directly hired by the same BOE for a period of 2 years. Is there any validity to this? Thread for context”

   This depends on what’s in your contract. Read your contract, but don’t say squat about it to the BoE. It’ll frighten them off real quick.

2. Honestly I’d probably consult with a lawyer. Get all your documents together, read through them and get someone professional to advise you.

   Last time I had to do something regarding contracts and legal stuff, I paid like 70 bucks to a Japanese lawyer who spoke some decent english to go over the paperwork and advise me. Took like an hour and a bit and he gave some great advice and told me to call him if any issues came up.

   When I got some pushback with the contracting company, I just mentioned “oh but my lawyer said…” And they were like oh ok nevermind then, go ahead.

3. I don’t know for sure but I wouldn’t be surprised if the dispatch companies had a stipulation in the contract with the BOEs that prevents them from employing you if you were working for them as an ALT. Or they would require some kind of fee to be paid, and I imagine it wouldn’t be cheap. After all, the dispatch company trained you and supplied you to the school only to be ‘poached’ by the BOE. I’m not sticking up for dispatch companies here – but it makes sense from their point of view to prevent this from happening.

4. I don’t know about the legal side. But, when the dispatch does business with the BOE, the customer is always treated at the very top of the pyramid scheme.

   Let the BOE decide what they want to do.

5. A part of it would depend on the contract the BOE has with your dispatch company. It should not be something that you have to be concerned about.

   For example, one of the larger dispatch companies has the following:

   *Regulations Regarding Clients Offering Employment to the Dispatched Worker*
   *派遣先が派遣労働者を雇用する場合の紛争防止措置*
   *The client must not hire the dispatch worker during the dispatch period.*
   *If the client intends to hire the dispatch worker after the current dispatch contract period,it shall be handled under ‘fee-charged employment placement’ regulations which will be decided separately and the client must pay the stipulated commission rate based on the regulations*

6. I think there are also two separate issues here. You and the school and dispatch then the school and the dispatch. Check with a lawyer but from what I remember its pretty hard for a company to prevent you from working. There is a law but its mostly for high end people with company secrets not everyday Joes or ALTs. Also just from my own experiences schools are pretty care free when poaching ALTs. I feel they should be covered on their end.

7. https://generalunion.org/4328/

8. If no contracts are being cancelled, then it should be fine. However, expect the company to put all kinds of pressure and threats on the BOE not to do what they plan. They’re hoping the BOE blink, and unfortunately, the poor city worker who found himself in charge of such things usually do. They don’t want drama.

9. Usually BOEs have to do a payout to get past this.

10. Nope. All scare tactics and baseless. Dispatch companies, Interact, Borderlink, Aeon etc are just protecting themselves. Do you think they will risk pissing BoE and lose the whole city or district? BoE are aware of this, and if it’s something unlawful by direct hiring you, do you think a Japanese government would risk this, for an ALT? 😅

    No English contract is valid apart for criminal conduct. The rest of the clause just comes out from dispatch companies arses!

    I ended my contract in only 3months because BoE invited me to be a direct hire right after the summer holiday. I still had 9 months left with a dispatch company. Nope, nada, nothing. They can’t do anything. My offer was ¥ 350K / month plus transportation allowance up to 50,000 because I was driving, it’s a personal vehicle none provided by cheapskate dispatch.

    Dispatches are basically employment agencies. They don’t care about you at all once you work under them. Don’t think for a second that they are looking after your interest. So you do what you must and don’t lose that opportunity.

    Good luck!

    Btw, the transportation allowance are non declarable, non taxable, meaning they gave me that and whatever is left, I don’t have to report it or return it. But of course in the countryside I choose to drive, more convenient, faster and actually cheaper than public trains.

    Edit:

    Pro tip: 👍 if dispatch says they will block you for any ALT work in the future, or you can be summoned to court for breach of contract, blah blah blah, simply tell them, you will tell the labour office. See how they react.

    Dispatch are nothing, powerless. They exist to steal people’s money in exchange for quick employment. They get commissions from BoE plus they take 70% of your salary. Don’t believe me? Go ask your school BoE they will smile but they know you are being exploited.

11. I love how they want to pay you 310, and not the dispatch 420…..how about paying you the 420?

12. Ask for more money.

13. Which BOE?

14. I was reading up on some visa laws and came across an article from 20 years ago where some guy was talking about how he wanted to break his contract with NOVA and go work for a better company, but he couldn’t because NOVA told him that they owned his visa and he could only keep it by working for them.

    My understanding is that dispatch companies, especially the shitty ones, will just straight up lie to stop you from breaking your contract with them.

15. If you’re Haken, then you should have received a 派遣契約就業条件明示書 which clearly stipulates that the client school can hire you directly after the conclusion of your contract with the dispatch company. However, the dispatch company would be entitled to an employment placement fee. From what I’ve heard, it’s no small chunk of change.

16. My best friend worked 2 years for a dispatch company and then was offered the direct hired position. He worked his 3rd year as direct hired but stayed in the same schools. Nothing changed, just the salary.

17. Seems like they’re trying to save a large chunk vs what they charge the dispatch company. Make sure it’s in your contract that you get the same bonuses as everyone else (most BOEs do, but just double check).

18. The only thing your company might pull is not giving you any bonuses you might have thought you were getting.

19. Lotsa dispatch companies have a clause that says ‘you have to pay us $$$ if you poach our staff’. This is generally the impediment when people raise it on here.

20. Do you have a Japanese version of the contract? Take both to the lawyer, if you can, as the Japanese one is often considered the more valid one, in case of vague discrepancies.

21. Just to get this straight.
    1. They are going to pay you 310,000/mo for all 12 months.
    2. Including pension, health, taxes (gov/cit).
    3. Travel expenses

22. As mentioned in my last post, it depends on your contact. That said, generally if there are no specific clauses then what you do after one contract has ended is no business of your previous employer.

23. Hang on. A BOE randomly asked you to become direct hire? Sounds weird and a little hard to believe.
    Are you the only ALT in this area? If not are all the other ALT’s also going on direct hire?
    What visa are you on.
    Are they going to do all the sponsorship stuff? (Assuming you have a work visa and not a PR)
    Direct hire means you will become a public servant. Will you also get all the benefits of a public servant too?

24. What’s your degree and certificates ? I’m curious