Long story short I signed a 業務委託 contract to work as an ALT but it was obviously a way for them to skirt around giving benefits. I have pretty much one set location and set hours. I have no right to refuse my job. It’s my understanding that in general 業務委託 cannot work regular hours without a right to set your own time and/or reject “shifts.”
The only reason I accepted is because I was really hurting for money and my visa was gonna expire soon.
But now the school has been talking about hiring me directly. Of course my contract has a competition clause, but is it really enforceable? I’m considering taking it but my current company said that legally I’m not allowed when the school asked them. I don’t have money for legal council or I wouldn’t be in this spot to begin with. Can I please get a little insight?
2 comments
Ignore the non compete, they’re unenforceable.
https://iwklaw.com/newsletter-en/20220112
In the incredibly unlikely event they try to claim it’s legal because you’re an independent contractor countersue that they intentionally misclassified you and need to pay for the benefits they didn’t provide. Which you’ll win and then the non compete will be, say it along with me boils and ghouls, unenforceable.
I have had two appointments at the labour bureau which specifically deals with dispatch law (separate from the regular labour bureau). Under a gyomu itaku contract with a dispatch company, you are not supposed to get any supervision or direction from the client.
Do you collaborate on lesson or activity ideas/plans with the JTEs? Do the JTEs directly ask you to plan activities? Do the JTEs direct the content of your lessons or activities? Do teachers ask you directly to proofread tests or other documents written in English? Do JTEs ask you to help score tests? Do you get notices from the school directly about schedule changes, special events, etc.? Are you connected to the intra-school online/app messaging system to receive school information? Does the head of the English department or the vice principal ever tell you to go home early on non-lesson days? Does anyone ever tell you when you can take your break?
Basically, any request or direction of you should go through the dispatch company. If any of the above is true and the school is skipping the middleman (a.k.a. dispatch company), which the dispatch company is most likely aware of and turning a blind eye, the gyomu itaku contract has been violated in principle and you are, under the dispatch law, considered to be a direct-hire employee of the school. Use this to your advantage if the school is serious about hiring you directly.
Regardless of the above, just tell the school you have every intention of taking them up on their offer no matter what threats the dispatch company is throwing at you. If the school wants you bad enough, they will deal with the dispatch company to make this happen.