RetireJapan

Hi all. I don’t know if this is the right place to ask but just want some advice over a recent issue at my work.
It’s a sole proprietorship if that makes any difference.

I recently booked a flight back to the uk for my brother’s wedding in October. It’s the first time in 5 years I’ve been back to the uk. It’s also the first time I’ve had any holiday outside my paid regular holidays where the school is closed (2 weeks in August, 2 weeks in December).

The boss said it was all fine and good. Great. Today she said that I wouldn’t be getting paid for the Christmas holiday BECAUSE I was taking holiday in October (which I’m also not being paid for).
She said it was in the rules (don’t know where as I’ve never been shown those and it doesn’t say anything of the sort in the contract I have).

So what grounds do I have to argue with her about it? Is that legally ok? I’m taking 1 week holiday but losing 2 weeks pay for it somehow.

KCLenny wrote: ↑Wed Apr 17, 2024 7:42 am Hi all. I don’t know if this is the right place to ask but just want some advice over a recent issue at my work.
It’s a sole proprietorship if that makes any difference.

I recently booked a flight back to the uk for my brother’s wedding in October. It’s the first time in 5 years I’ve been back to the uk. It’s also the first time I’ve had any holiday outside my paid regular holidays where the school is closed (2 weeks in August, 2 weeks in December).

The boss said it was all fine and good. Great. Today she said that I wouldn’t be getting paid for the Christmas holiday BECAUSE I was taking holiday in October (which I’m also not being paid for).
She said it was in the rules (don’t know where as I’ve never been shown those and it doesn’t say anything of the sort in the contract I have).

So what grounds do I have to argue with her about it? Is that legally ok? I’m taking 1 week holiday but losing 2 weeks pay for it somehow.

Sounds very sketchy indeed. Assuming you are full time, you should have a number of paid leave days per year which you can use at your discretion. I don't see why this would result in you losing pay during those days AND other days.

Sole proprietors sometimes make up their own (illegal) rules. This sounds like one of those cases.

I don’t think I’m considered full time. It’s all very unclear.
I work something like 32 ish hours a week.
I’m technically the assistant manager.
My contract just says I have paid holiday at Christmas and in August. That’s it.

KCLenny wrote: ↑Wed Apr 17, 2024 8:55 am I don’t think I’m considered full time. It’s all very unclear.
I work something like 32 ish hours a week.
I’m technically the assistant manager.
My contract just says I have paid holiday at Christmas and in August. That’s it.

Outside of unofficial titles, what does the contract spell out? Does it list you exact status?

Word for word, the contract I have says
“Holidays
Holidays include Mondays and Fridays, other determined holidays (2-3days a month), December 22 to January 3, and summer holidays (around 10 days during the month of August).
Annual paid vacation days
The employee shall have up to eight paid vacation days that may be taken in December and August.”

It doesn’t mention anything else about holiday paid or otherwise.

The contract also says “employee”. And the contract says “雇用契約”

Has my boss put herself in a precarious situation?

If it isn't a communication misunderstanding then it looks like your boss is trying to pull a fast one. I understand not getting paid for the week in October, but you definitely should be getting paid for the holiday in December according to the contract. Please show her the contract and explain what it means. If she still refuses to pay in December... well, I'm not sure what to do after that. It seems like a breach of contract so talking to a lawyer wouldn't be unreasonable. But it would cost a lot and put a big strain on your working relationship. I'm sorry this is happening to you. Can anyone else provide better advice?

northSaver wrote: ↑Wed Apr 17, 2024 10:20 am If it isn't a communication misunderstanding then it looks like your boss is trying to pull a fast one. I understand not getting paid for the week in October, but you definitely should be getting paid for the holiday in December according to the contract. Please show her the contract and explain what it means. If she still refuses to pay in December... well, I'm not sure what to do after that. It seems like a breach of contract so talking to a lawyer wouldn't be unreasonable. But it would cost a lot and put a big strain on your working relationship. I'm sorry this is happening to you. Can anyone else provide better advice?

As far as I can see it’s not a misunderstanding. She has made it clear that she won’t pay the Christmas holiday. I was obviously fully accepting of not getting paid for the October week as obviously I chose to take a holiday. So yeah that’s not a shock or anything.
But I’ll be showing her the contract tomorrow. I just want to make sure I’ve got everything I need to make her know she is in the wrong.

KCLenny wrote: ↑Wed Apr 17, 2024 9:22 am Word for word, the contract I have says
“Holidays
Holidays include Mondays and Fridays, other determined holidays (2-3days a month), December 22 to January 3, and summer holidays (around 10 days during the month of August).
Annual paid vacation days
The employee shall have up to eight paid vacation days that may be taken in December and August.”

is the contract in English and is that the English? (If so. Wow.)

For people working over 30 hours a week/5 plus days a week, employment law is fairly clear around paid leave entitlement and it's possible you are receiving more paid leave than entitled by law, depending on a few factors including how long you have been employed.

That said, there are rules about what portion of paid leave days an employer can decide when they are taken.
And whilst I won't go into detail now. it's not all of them..

My, uneducated* opinion, based on the very limited information there is a chance the labor office would just ask them to toe the line as it were.. you'd get your entitled by law paid leave, they'd be able to declare the dates for some of them, you'd pick the others. But if the school closed above that it's possible your salary would be prorated down accordingly(this part I'm less clear on as your "contract" is kind of a hot mess right now. I'm not sure if they be allowed a do-over as it were... at the end of the day, my strong suspicion is that unless it's flagrant abuse, the labor office just asks firms to follow the damn rules.. probably even if they "inadvertently" drafted something in excess of that you'd need to lawyer to push for the difference..)

my recommendation is to get more information before you push your employer on this... this "2-3 days", "around", "up to eight" isn't contract language.
You don't currently don't have everything you need to know to show they are "in the wrong" at least not to negotiate from a position of strength.

* I also hold an impressive selection of stupid opinions available upon request. (And more typically offered in absence of a request.)

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.