We have problems with Sections 6.7, 7, 9, 10, and 12.2.
Section 6.7 is regarding work in the month of August. At one time, employees received no payment for work in August. Depending on the circumstances, it should be from 40% to 100% of the regular salary.
Section 7 is titled PENSION/HEALTH INSURANCE, but RCS has no pension plan.
Section 9 is about the employee apartments but it is completely vague.
Section 10 is about employee rental cars but is vague with regards to deductions to employees for car damage and car insurance.
Section 12.2 says that RCS can teminate employment if "jobs are no longer available." This resulted in nine RCS employees losing their jobs in March 2004 in Saitama with four months remaining on their contracts with RCS because RCS lost the jobs to another company. The RCS employees only received 2 weeks notice. Japanese Labour Standards Law Articles 20 and 21 require 30 days notice or 30 days pay in lieu of notice.
See below for full details of the RCS contract.
BETWEEN
RCS CORPORATION
"R" FOREIGN LANGUAGE INSTITUTE
116-2 Yorii, Yorii-machi
Osato-gun, Saitama 369-1203 Japan
Tel 048-581-5685 Fax 048-581-5718
HEREAFTER CALLED "THE EMPLOYER" (Also THE COMPANY/THE SCHOOL/THE MANAGEMENT)
AND
[ ]
HEREAFTER CALLED "THE EMPLOYEE" (Also THE TEACHER, THE DRIVER)
WHEREBY IT IS AGREED AS FOLLOWS:
1 PERIOD OF EMPLOYMENT
Starting date of Employee training: [ ]
Date of commencement of employment: [ ]
Date of completion of Employment Contract: [ ]
In the case the Employee as of the time of this Contract signing is not able to take up employment legally in Japan, the date of commenement whall be the first working day after the working visa is granted. A period of probation is for the first 3 months from the date of the commencement of employment, or the end of the first semester of work, whichever is longer.
Employee name and contact info.
On B.'s first contract, he got two copies of his contract. The first copy said he started work on August 20 and the second copy said he started work on September 1. Then in March, 2 years later he received a third copy that said he started work on October 18--the date that his work visa had allowed him to begin employment. Rex then told him,"You know you were a volunteer prior to October 18, don't you?" This whole multiple contracts debacle was a violation of Labour Standards Law Article 15 as well as immigration law.
Does the probation period apply to employees that are contracting for the second or third consecutive year?
