| Rimbaud's topics(English written) 日本語版まだなし |
| “Illegal worker”(違法就労者） I'm glad to have received some good information about working in Japan from a man named Ken. However it is too little too late; as of yesterday, I have overstayed my visa. I'm not from the third world and actually I feel it is quite unnecessary for me to be currently residing in this country illegally. I could even have arranged a two-night trip to Korea to renew my tourist visa again ? and in fact I had a sufficient budget to do this. How everything came to pass as it did, in the worst of ways, I cannot understand. I wonder if this is real life, or a just a bad dream. I came to Japan to research Buddhist temple designs. It was my first trip to Japan. I could have waited for the trip to be organized by my University (as part of Master`s degree), however I decided instead to come first alone on a tourist visa. After I finished my research in Tokyo (this took me just one month) I still had two months remaining. I could have gone home at that moment, however I wanted to stay in Japan. I wanted to work to make some extra money first. Actually, I managed to get a job through a friend of a friend of a friend. I was innocent (and perhaps a bit naive), not fully understanding that working under a tourist visa is a crime. Indeed, I could well be deported according to the Immigration Law, (Sec. 24, No.4) if were discovered. Many foreigners in Japan are working in clubs, teaching English, dancing for events, doing this and that, here and there, all on a simple tourist visa. All said activities are illegal. When I started to work for xxxxx I was told that they would sponsor me for a work visa. They said they would take care of everything. For said visa application I gave them my passport. Three weeks came and went, so I finally asked them whether they could get my visa from the Immigration Office. However, they said that unfortunately they hadn`t even had the time to apply for it yet. This was yesterday… My Goodness! As if this weren’t bad enough, my tourist visa had already expired the day before! They hadn't even begun the process! Only then did I realize how very little these people cared about my security… I, on the other hand, was polite as I was shocked, and didn’t ask too much about the visa application situation. What a push-over! My only concern was not annoying them too much, as they were the people who would pay me, and, at least in theory, provide me with a visa. I have since realized that I was in fact utterly scammed by this unscrupulous, disreputable company. How little I knew what I was getting into! Could they even be associated with yakuza? I panicked because I had originally meant to travel to Japan as student, studying for my Master’s degree. I intended to return again in the summer to join my professor. If I were deported as an illegal worker I wouldn't be able to join them. What could I do? I have dedicated my life to this field of work, and have studied extensively for the past few years to obtain this degree. Upon panicking and failing to act decisively, I went down to the street and walked around the city without having any particular destination. I didn't want to go back to the apartment they had provided me. Indeed I was afraid there might be a possibility of being caught there by the authorities. This unfavorable scene repeated itself over in my mind. Just think! I would be put in jail for the smallest of mistakes. What was I to do? I began to cry. I had lost my reputation, my future and ruined my life simply by being stupid. "Please don't cry! Shall I escort you home? A beautiful fashion model like yourself shouldn’t shed such sad tears." said a voice. "I'm neither beautiful nor fashion model, I'm just a wanton little rogue, and I don't need you to escort me home," I replied with an unfriendly attitude. The man was astonished and looked at me. He was in his mid-30`s; a clean, tidy Japanese man. "I am sorry, but it is very unusual for me to see a person like you crying in the streets in the middle of night." He added, "may I help you?" I started to cry wrapping my arms around his neck. It didn't matter who it was, I just wanted to cry like a child. After we sat down in a cafe on the street corner, I started to explain my situation to him. He was a member of the Judicial Foundation of the Japanese Immigration Association, an organization related to the Ministry of Justice! He was a private person, the owner of his own business, and not a government officer. Nevertheless, he belonged to this organization which studied this field for his employees. According to him, my company would have to pay a penalty (of at most 3 million yen for each case) for employing a tourist visa holder. This was according to the Immigration Law of Japan (Sec. 73, No.2). Such a penalty could be imposed if it were found out by the Immigration Office or by the police. God exists, I have felt it. What kind of a coincidence could allow me to have met this kind of person in the streets in Japan! What kind of odds!.. His name was Ken, an easy name for me to remember. I told him that one of my friends had also been working on a tourist visa for the same company. He had been injured the day before. He had burned his right hand, and it was extremely painful for him. Nevertheless, he just continued working until 11:30PM. He did not go to the hospital. He just used a few ice cubes to cool it down. Ken was surprised and suggested that my friend should have gone to the hospital immediately. I told Ken that things were not so easy as this for foreigners. If my friend had gone to the hospital they would have asked him where he had been injured and in what kind of situation etc. The fact that he had been working illegally would have soon been found out. This would invariably have been reported to the police, the company, the immigration office, etc. In short, it would have caused too much trouble for everybody. Therefore, he had thought it easier to simply bear the pain by himself. Ken taught me that according to Ministry of Labor Guideline Controlling Division, an injured worker must immediately go to the hospital, which is to say any hospital that he/she can find, even the emergency room. The company cannot fire the injured workers for 30 days after the day that the accident occurs, whether the he/she is employed full or part time. It makes no difference. The company would need to give a full report to the Ministry of Labor Office every month if the patient were to go to the hospital for less than three days. However, the company would also need to report the case every time it happened if the worker had needed to go to the hospital for more than 4 days. The company has the responsibility to report the case to the authorities. If the company were to not give a report of this accident to the Ministry of Labor Office they would be penalized for a half million yen according to the Labor Law (Sec. 120, No.5) for negligence. The injured worker would be entitled to at least 1 day off, or as long as he/she needed for the treatment within 30 days because he/she couldn't be fired by them according to the Labor Law (Sec. 19) However if the injured patient were to not go to the hospital he/she would lose all the rights that Japanese government offers part time worker, whether he/she had a working visa or not. I knew Ken must be right because he would know better than I. I will go to the nearest police station and tell the police officer that my passport is not with me. It has been taken by my company for the visa application, which remains incomplete. I will tell them that my tourist visa expired yesterday. However, today is a national holiday, and the Immigration Office is closed. The Police Office is open for 24 hours, therefore I will go there to ask for their protection. If I go to the authorities from "my side”, I will be blacklisted for less than five years, because they will take my honest and serious attitude into consideration. If, on the other hand, I am caught by the authorities in the street or at work, my penalty will consist of at least five years, according to the Immigration Law. The police will even speak to my company about my payment, as this is a part of their job. Even an illegal worker can get paid and bring this amount of money back home. This is guaranteed by the Japanese Immigration Law. I must play the role of “innocent foreign/tourist girl” who has unintentionally become involved in something illegal without knowing Japanese law very well. I am a poor cheated victim whose passport has been taken away by a dishonest employee. I don't need to be afraid. My salary will be paid even though I have worked illegally on a tourist visa. I have to decide very quickly and act naive: as a victim, and not as a criminal. I'm already a criminal according to Japanese Law. However, if I follow Ken’s advise I can change my situation from being the criminal to being the victim. As long as I hesitate my situation becomes worse. Japanese Law is friendly to people who face up willingly. However, Japanese Law is strict to all those caught in the act. I hope I'm intelligent enough to understand his instructions. I have to pack my things and go to the police station. It is like seeking political asylum and asking for protection from my company. He warned me not to waste any time. Yes, I understand, I'm now aware of the situation. Anything I don't understand he can explain. He is always willing to give his good advice to me. I know I can trust him. I have met a trustworthy Japanese man for the first time in my life. How unfortunate that I met him only after I have already overstayed my visa. I will be in the authority's hands from tomorrow, but I'm happy now. I believe I have made the right decision after meeting Ken. I'm proud of myself. I won't live like a rat any more. I learned the hard way, and paid an expensive price, but at least I have learned something very important: that is to reside legally at all times, anywhere in the world. I will do my best to rescue myself. I have come to realize that I am the only one in this world who can rescue myself from this situation. Of course, I also thank God for having sent Ken to help me. When I return home, he will be the first person to whom I write thanks. He will be the most important reason for me to visit Japan next time. Arigatou, Ken-san. The End |
Original:  Baronessa Rewritten:  Rimbeaud 2005 May 5th |