The Labour Bureau, do they even care?

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The Labour Bureau, do they even care?

Postby Sa_Race » Fri Jul 06, 2012 10:26 pm

Hola chicos,

Any of you had previous experience with complaining to the Labour Bureau? From what I read on the interwebs, they just give vague recommendations. How to file a complaint or engage a procedure and make them move officially. I'm not too demanding though and just want them to send a letter to a former employer.
Am I dreaming? Is there a secret procedure with a special code name their employee won't speak about because ~work~.

Thx.
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Re: The Labour Bureau, do they even care?

Postby wagyl » Sat Jul 07, 2012 9:14 am

The Labour Standards Bureau is a guard dog with all his teeth removed. In my dealings with them, they know which employers are troublemakers because they have heard many complaints before. They are however severely restricted in what they can do. They can visit an employer who is not following the rules and advise the employer what the rules are. They can not however do anything to compel the employer, so the employer can (= does) very easily ignore the advice. You are, in fact, very much on your own, but the Labour Standards Bureau can at the very least (and effectively the very most) clarify for you what the correct situation is. You then have to take your own steps for a remedy.

When I say guard dog, I imagine a Labrador. Maybe a Labrador puppy.

If all you want is for them to send a letter to a former employer, then I would not waste my time. You have solved the problem as far as you are concerned by improving your work environment, getting away from that employer. The former employer will not change his ways just because he has received a letter from the Labour Standards Bureau.
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Re: The Labour Bureau, do they even care?

Postby Sa_Race » Sat Jul 07, 2012 10:04 am

Thanks for your comment.

Former employer in question still owes me money, and though I've got a strong case against him, he won't pay anyway. :roll:
I thought may be with their help I could make him change his mind. At the moment I don't have the time nor the will to go to court. An ill agreement is better than a good judgement.
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Re: The Labour Bureau, do they even care?

Postby wagyl » Sat Jul 07, 2012 10:13 am

Mine was a money issue as well. Letters, even official ones by registered mail, did not solve the problem in my case. Maybe you will have a better experience.
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Re: The Labour Bureau, do they even care?

Postby Gaspard de Coligny » Sat Jul 07, 2012 11:18 am

Is it legal to sell your due money to a recovery company ?

That would make car burns and shit fly straight..
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Re: The Labour Bureau, do they even care?

Postby Screwed-down Hairdo » Sat Jul 07, 2012 3:10 pm

Agree with every aspect of wagyl's excellent advice.
A company stung into action by a Labor Standards Bureau "notification" is less likely to cause infringements in the first place (beyond the illegal practices that seem to be accepted as norms at just about every company in this cuntry).

Have you thought of taking your case to a summary court (kani saibansho)? I'd recommend this, particularly if you have a strong case. It's kinda like a small claims tribunal. The appeal of these is that decisions are made in a single session (unless something really untoward happens) and are court rulings rather than simple mediated decisions.
As with any civil case in Japan, though, there is no forcible enforcement of the ruling, and contempt of court does not exist in this cuntry, therefore the ruling can be ignored with impunity.
However, armed with a court ruling in your favor, seizing property becomes incredibly easy (despite requiring yet another court filing).
I've been involved in several cases over the past few years and have found summary courts to be excellent. On the occasions when I've won but the other party hasn't paid up by the agreed time, I've filed for property seizures (sashiosae) and been given them within hours of filing on each occasion.
Should you decided to go to court, I strongly advise you get all documentation related to the case in order when you file the case.
Good luck!
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Re: The Labour Bureau, do they even care?

Postby GomiGirl » Sat Jul 07, 2012 6:43 pm

What sort of stuff can you seize in exchange for monetary settlement? Just curious is all.
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Re: The Labour Bureau, do they even care?

Postby Russell » Sat Jul 07, 2012 10:03 pm

GomiGirl wrote:What sort of stuff can you seize in exchange for monetary settlement? Just curious is all.

The shacho's collection of dolls?

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Re: The Labour Bureau, do they even care?

Postby Screwed-down Hairdo » Sun Jul 08, 2012 12:09 am

GomiGirl wrote:What sort of stuff can you seize in exchange for monetary settlement? Just curious is all.


Anything of monetary value. Sort of. Summary court cases can only deal with cases of up to 1.6 million yen. You won't get an injunction on a corporate bank account, but one tactic could be to take out an injunction on the use of the corporate seal. The business would still be able to operate, but official documents requiring the seal would need the permission of the injunction holder before it could be legally used. Ignoring that injunction would be easy enough, but also exceptionally easy to prove and breaking the injunction by using a seal on an official document without permission moves the case to a violation of the Criminal Code, so there's incentive on the company's side to act appropriately.
Of course, if you're just one of many creditors, even armed with an injunction you've just got to wait your turn and pray there's still something left over by the time it comes around.
It's also worth noting valuation of items is calculated at the time the injunction is issued, not time of purchase (even if it's the same day) and that most office-related equipment loses a large degree of its value the moment it becomes second-hand (ie, taken from the store of purchase). If money's not forthcoming, payment in kind could be an attractive choice if you've got someone who'll buy things like secondhand office equipment.
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Re: The Labour Bureau, do they even care?

Postby Gaspard de Coligny » Sun Jul 08, 2012 12:26 am

Russell wrote:
GomiGirl wrote:What sort of stuff can you seize in exchange for monetary settlement? Just curious is all.

The shacho's collection of dolls?




Dude, that wabsite is golden...

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Re: The Labour Bureau, do they even care?

Postby Sa_Race » Tue Jul 10, 2012 12:35 am

Screwed-down Hairdo wrote:Summary court cases can only deal with cases of up to 1.6 million yen. You won't get an injunction on a corporate bank account, but one tactic could be to take out an injunction on the use of the corporate seal.


THIS.IS.PURE.GENIUS. EVIL. GENIUS.

Thanks to the keywords you gave me, I've found this : http://www.courts.go.jp/english/. Everything you need to know is there, and actually you can claim up to 1,400,000 yen in summary courts. I'll keep you updated.

Last, as an amateur, I appreciate the dolls thread derailing.
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