So I’m a foreigner worked in a popular restaurant as a cook in central Tokyo.
Last month was vacation period till September 1st. I went to okinawa for couple of days. My flight was 31st evening and due to flight delay I realized I would be stuck in Narita till next morning unable to make ot to work September 1st. I informed my employer minutes after learning about the delay. The result was getting getting my insurance company card canceled and fired. I went to labor bureau and learned that he must at least compensate me 30 days salary which he refuses to do. Which steps can I take. Disclaimer I’m not seeking revenge just not being treated like a dog.
5 comments
You don’t give any information as what kind of employment contract you are in.
Are you Regular full time employee? Contracted employee? Contractor?
Labour bureau probably told you that, and in most cases they are right, not doesn’t mean all.
Get the refusal in writing if you haven’t already, then back to the labour board. A letter from them should hopefully straighten things out for you promptly
First of all…
Verbal agreements have absolutely zero validity in a he-said-she-said case between a foreigner and a Japanese employer. By deciding to work without ever signing a contract, you already screwed yourself before any of this happened. This is something you should have known no matter what country you’re from.
Secondly…
If you’ve been working for half a year with no contract ever presented or signed… A) You’re most definitely working illegally since the immigration bureau doesn’t know about it, and B) How are you enrolled in shakai hoken if there is no paperwork to prove you are an employee of the company?
What information are you leaving out?
RIGHT NOW COLLECT ALL EVIDENCE AND CALL A LAWYER.
Your lawyer will take your case to tribunal where within 1-2 months you will get a ruling, based on your description you will get 6-12 months worth of salary as compensation. This is not difficult. Any labor lawyer will be happy to take your case. STOP READING REDDIT RIGHT NOW AND START LOOKING FOR LAWYER!
Labor Bureau will do absolutely nothing apart from specifying what the law is. Best thing is to pressure him into paying or take him to court. Since I expect the compensation amount will not be too high, it is probably best to take him to small claims court.
[https://www.courts.go.jp/saiban/syurui/syurui_minzi/minzi_04_02_02/index.html](https://www.courts.go.jp/saiban/syurui/syurui_minzi/minzi_04_02_02/index.html)
With enough evidence you will likely win.
After you win, you have to seize his property.
This part is usually very difficult, but since the restaurant has an operating location, it may be possible.
Get the land / property register from 法務局 and send the owner of the building that you will be seizing the restaurant’s 敷金 or put a seizure on the property itself if the restaurant owner own’s the property.
I have helped friends in a similar situation, and most ended up paying after taking them to small claims court.
If your Japanese is not too good, all this will be very difficult and perhaps its just to forget and move on. The decision is yours, and best of luck to you.