Work problems.

[Tsumitate Wrestler]

I’ve just been speaking to an ex colleague and he kept saying it’s all because I’m a part timer.
My contract doesn’t say anything about being part time full time or anything else. It just says employee.
He said that doesn’t matter because it’s just part time and part time workers have no protections under labour law for annual paid holiday.

I’ve just found a 5 year old addendum to my original contract that does indeed say however that any time taken off throughout the year will be deducted from the paid vacation in December (so I don’t get paid for the extra time taken off AND I don’t get paid for the winter vacation either).
Is that all legal? My ex colleague keeps saying it is but I have a feeling it isn’t.

The exact wording is important here.

Generally, if you're full time is 10-20 days off depending on seniority. Usually half these days would be at your discretion, half at the employers. A day off on a national holiday can count against your paid leave.

So your discretionary time off + national holidays could leave you with little left.

[KCLenny]

Basically I don’t get any time off of my choosing.
We are given some time in August and some time in December. That is paid.
Any other time throughout the year we are not allowed to have as paid holiday. We can take it off in principle but we won’t get paid anything.
I work something around 32 hours a week. My contract doesn’t say full or part time on it anywhere. It just specifies the number of hours (out of date as it was signed in 2021 as of the last update and my hours have changed a bunch since then).
My company is a sole proprietorship. We have no full time staff. 3 foreign 2 Japanese and the boss.
I don’t get any benefits whatsoever. If I don’t work I don’t get paid and I can only have paid vacation when the school is closed for the holidays.

So yeah I really don’t know what position I stand on legally speaking.

[Tsumitate Wrestler]

Basically I don’t get any time off of my choosing.
We are given some time in August and some time in December. That is paid.
Any other time throughout the year we are not allowed to have as paid holiday. We can take it off in principle but we won’t get paid anything.
I work something around 32 hours a week. My contract doesn’t say full or part time on it anywhere. It just specifies the number of hours (out of date as it was signed in 2021 as of the last update and my hours have changed a bunch since then).
My company is a sole proprietorship. We have no full time staff. 3 foreign 2 Japanese and the boss.
I don’t get any benefits whatsoever. If I don’t work I don’t get paid and I can only have paid vacation when the school is closed for the holidays.

So yeah I really don’t know what position I stand on legally speaking.

Sounds a bit "black" company wise, but not illegal. National holidays, + a few days a year within a selected band, along with her flexibility for October. It would all depend what is written in the contract. How many days exactly did you get off the previous years. Did you track you salary to make sure these days were paid?

Get things in writing. No where you stand. Assume the other party is absent minded at best, dishonest at the worst.

[KCLenny]

Oh I don’t get national holidays off.
If a national holiday falls on a day we would be open per our calendar, then that’s it we are still open and I’m still working.
Last year it was something like 12 days in August and 2 weeks over Christmas/new year period. However in each of those periods only one full week is considered paid holiday.
So I guess that amounts to 10 days, because I work 5 days a week.

[Randomletters]

Reading through this thread, there seems to be only one piece of advice to give....

https://jobs.gaijinpot.com/index/index/lang/en

[KCLenny]

https://imgur.com/a/ToRgp3z
This is a copy of something in “the rules” that apparently explain the situation.
So ultimately, given my contract type, and this rule, is that legal?
Or should I just get out as soon as possible either way?

[Tsumitate Wrestler]

https://imgur.com/a/ToRgp3z
This is a copy of something in “the rules” that apparently explain the situation.
So ultimately, given my contract type, and this rule, is that legal?
Or should I just get out as soon as possible either way?

1. How many paid days off did you get previously? Last year, year before, etc

.....

2. Paid time off is counted in "days off" not hours. Obviously hours maters for pay, but the time off is calculated in full days off.

.....

3. How many days should you get?

A. How long have you worked there
B. How many days a week do you work?

If it's 6 years+, 4 days a week, you're looking at 15 days off.

....

4. Double check my work please. https://www.baitoru.com/solution/column/part-paid/

That's a wide open schedule. Time to find a second/alternative job.

[KCLenny]

1. From what I’ve been told and led to believe, I get one week paid in August and one week paid in December. So, I get 10 days.
2.
3.i don’t know how many I should have. My contract says 8 days in English but 10 days in Japanese. I’m guessing it’s 10 given that it’s counted as 2 weeks.
A. This August/September will be 5 years.
B. 5 days a week.

Edit. If it’s relevant, I work 230 days a year.

[Tsumitate Wrestler]

1. From what I’ve been told and led to believe, I get one week paid in August and one week paid in December. So, I get 10 days.
2.
3.i don’t know how many I should have. My contract says 8 days in English but 10 days in Japanese. I’m guessing it’s 10 given that it’s counted as 2 weeks.
A. This August/September will be 5 years.
B. 5 days a week.

Edit. If it’s relevant, I work 230 days a year.

According to the link I provided for part-timers at 3 1/2 -4 1/2 years employment you are entitled to 10 days, then from 4 1/2 - 5 1/2 it's twelve days.

It doesn't look like you meet the test for a "regular workers" though.

Working 5 or more days a week
Working hours of 30 hours or more per week
Number of working days over 217 days per year

[KCLenny]

Huh doesn’t it?
I work 5 days a week, 30 hours a week, and 230 days a year. Am I misunderstanding something?
Don’t I meet all those criteria?