The End of Nova Thread

[kieah]

And Level 3 the whole point of the American comment was to highlight the stereotypical nature of all these people 'tarring everyone with the same brush'

Yeah Im such an American hater Im going there for a holiday at the end of this week.


I'm not stressed and yes after I have taken all the paid holidays I have I will work the last few days up till the 16th of November. My family is here, I live here (for the time being) I'm gunna do the right thing and abide by the law.

Why is that so difficult for you to understand. What you wanna fit the Japanese stereotype that all foreigners are criminals???

People have mentioned this before as others have shot them down, but in all seriousness if teachers not turning up does send the company under before Monkey Fuck has PUBLICLY screwed it will must certainly give foreigners a bad name here. Japanese people already think they are must more loyal to and responsible for the jobs.

All I'm saying is think first before you shoot your mouths off about jumping ship NOW and that everyone who doesn't is a MORON. Many people have explained and many different ways why their are people who choose to stay. And rightfully so. But you just ignore what you dont wanna accept and badmouth those who dont follow your tune.

[CynicalBeyondReason]

And now for a reprint of inspiration

Missed that the first time, but outstanding points made. Even big corporate America shows more responsibility to it's workers than Nova has.

[ghongogoro]

This really is getting ridiculous... how long can they keep going without paying their staff?

One other point... Even if all the staff walk off the job, will that be the end of Nova or will Saruhashi just call a two week break or something and then reopen if and when he's got some money together?

[fumanchu]

As I mentioned earlier, there are ways for the company to be declared bankrupt that don't require Saruhashi's decision.

[fumanchu]

To quote myself:

My drunken project for tonight: Japanese Bankruptcy 101 via the internet...

We start with Japan Corporations Law:

As I see it we have two distinct but for our present purposes closely related concepts here - dissolution and liquidation - in both cases the outcome would be the end of Nova

The key sections are as follows:

Article 471. Reasons for Dissolution

THIS WONT HAPPEN

A kabushiki kaisha will be dissolved for the reasons listed hereunder:

(3) A resolution of the general shareholders meeting


THIS IS IMPORTANT - THIS CAN HAPPEN! - NOT SARUHASHI'S DECISION

(5) A court decision to initiate bankruptcy procedures



THIS IS ALSO IMPORTANT - RELATES TO CRIMINAL ACTIVITY

(6) A court order for dissolution based on the provisions of Article 824. (Corporate Dissolution Order), Paragraph 1 or Article 833, Paragraph 1.


MOVING ON TO ARTICLE 824

Article 824. Corporate Dissolution Order

THIS IS VERY IMPORTANT. THIS SAYS A COURT CAN DISSOLVE A COMPANY - IN PARTICULAR CREDITORS AND INTERESTED PARTIES CAN SEEK THIS REMEDY

1 In the situations listed hereunder, a court can, when it recognizes that the existence of a corporation is not permissible in order to secure the public interest, upon the petition of the Minister of Justice, shareholders, corporate members, creditors or other interested parties, order the dissolution of the corporation.

FOR CRIMINAL ACTIVITY

(3) Where business managing directors, executive officers and corporate members that execute the business, have committed acts deviating from the authority of the corporation as provided by law or the articles of incorporation or which abuse such authority, or do acts infringing on criminal laws, and, in disregard of a written warning received from the Minister of Justice, they continuously or repeatedly perform such acts.

MOVING ON TO OTHER CAUSES OF LIQUIDATION

Article 475. Causes for Initiating Liquidation


In the situations listed hereunder, the kabushiki kaisha must be liquidated based on the provisions of this Chapter:

CONNECTS LIQUIDATION TO DISSOLUTION

(1) When there has been a dissolution of the kabushiki kaisha (excluding those situations where there has been a dissolution based on the reasons listed in Article 471. (Reasons for Dissolution), Item 4 and where there has been dissolution based on the decision to initiate bankruptcy proceedings and the said bankruptcy proceedings have not been concluded)

MAYBE RELEVANT? DON'T KNOW

(3) Where there has been the confirmation of the court decision admitting the demands related to litigation for the invalidation of a transfer of shares


AND NOW MOVING ON TO COURT APPOINTED LIQUIDATORS (i.e. liquidation)


Article 478. Appointment of Liquidators


1. Parties listed hereunder, shall become liquidators of a kabushiki kaisha in liquidation.

THIS IS SARUHASHI

(1) Directors (excluding those situations where the parties are listed in the following Item or Item 3)

THIS WONT HAPPEN

(3) Parties appointed by the resolution of the general shareholders meeting.

THIS WOULD HAPPEN IF SARUHASHI DIES OR BECOMES LEGALLY INCAPACITATED - I.E. IS IN JAIL

2. When there is no party to become a liquidator based on the provisions of the previous Paragraph, upon the petition of an interested party, a court shall appoint the liquidators.

THIS SAYS LIQUIDATION CAN OCCUR WHEN THE COMPANY IS DISSOLVED FOR REASONS DISCUSSED ABOVE - E.G. CRIMINAL ACTIVITY - AT THE REQUEST OF THE MINISTER OF JUSTICE OR AN INTERESTED PARTY.

3. Regardless of the provisions of the previous two paragraphs, with respect to kabushiki kaisha in liquidation liquidated based on the reasons listed in Article 471. (Reasons for Dissolution), Item 6, a court, based on the petition of an interested party or the Minister of Justice, or on its own authority, shall appoint liquidators.

THIS STATES THAT LIQUIDATION CAN OCCUR DUE TO "AN INVALIDATION OF A TRANSFER OF SHARES" (i.e. 475(3))

4. Regardless of the provisions of the Paragraphs 1 & 2, with respect to a kabushiki kaisha in liquidation which falls into the situations listed in Article 475. (Causes for Initiating Liquidation), Items 2 or 3, upon the petition of an interested party, a court shall appoint liquidators.

In conclusion we can see that it is very complicated, and it most definitely is not true to say only Saruhashi can declare Bankruptcy. [Furthermore, what a waste of my time!!!!!]



Disclaimer: I've had an awful lot of whisky and no understanding of Japanese law - so I do not claim accuracy or take responsibility for anything written above

[JaPanic13]

In regards to a post I saw earlier about getting other teaching gigs:

Truly, there is no shortage of people who want English lessons in this country. There are ways to get students, and once you have a few privates, word of mouth goes a LONG way. I left Nova a few months ago for a new job, but I still do some privates, and they really aren't too difficult to get.

I teach some Korean kids (there are many international schools, at least in Tokyo, and I've found that the parents of the Korean kids are VERY willing to pay for private English lessons - they would much rather have English be their child's second language - not Japanese). I live in Tokyo, so I have gotten some students out of one of the International schools in Shinjuku.

As far as places to teach - I either go to their house (they pay extra for transportation) or I rent out a room at the local library (300 yen per hour for a room - and the majority of the time the parents pay for that, too). To get started, you don't need to run and lease some insanely expensive building and start your own company right away.


Also, there are a few good internet sites that you can post your information for free, and students will contact you via e-mail or phone.

http://www.findateacher.net

is a good one.

You can also just post fliers on your City/Ku bulletin boards or wherever. Something like "Ex-Nova Teacher - WILL TEACH ENGLISH FOR FOOD"
I mean, shit - use this to your advantage any possible way you can!

Just get off your ass and do something, but don't continue to be a slave to the fucking bunny.

This emoticon rules, btw:

[OregonDuck]

Any suggestions for crap to do for cheap in Osaka-area? Im no longer going in to work, but my flight isn't for another 4 weeks. My budget is pretty light, about 3kYen a day til then. Im not looking for work, or even pushing private lessons very hard as ill be out of here. But 4 weeks is a long time to kick it LJ and espn.com, so help me out.
What's free-cheap, entertaining, and possibly involving checking out parts of this fair country I have yet to see?

So far I have:
Get in shape-a nice jog to osaka jo 5x a week
Study- moving on to another country in a few months, wanna know the language a bit
Hiking-weather is good, hiking is cheap
"station of the day"-where a few mates and I show up at a random station and enjoy the eats, drinks (gotta be cheap), parks, temples, random whatever we come across
Anything else that fits under a few thou a day? Thanks
PS-any suggestions such as- take up yoga and learn to suck yourself off- would also be welcomed

[ghongogoro]

What would be the point in the major creditors forcing Nova into bankrupcy if the only asset they have is their name?

[Long Termer]

And Level 3 the whole point of the American comment was to highlight the stereotypical nature of all these people 'tarring everyone with the same brush'

Yeah Im such an American hater Im going there for a holiday at the end of this week.


I'm not stressed and yes after I have taken all the paid holidays I have I will work the last few days up till the 16th of November. My family is here, I live here (for the time being) I'm gunna do the right thing and abide by the law.

Why is that so difficult for you to understand. What you wanna fit the Japanese stereotype that all foreigners are criminals???

People have mentioned this before as others have shot them down, but in all seriousness if teachers not turning up does send the company under before Monkey Fuck has PUBLICLY screwed it will must certainly give foreigners a bad name here. Japanese people already think they are must more loyal to and responsible for the jobs.

All I'm saying is think first before you shoot your mouths off about jumping ship NOW and that everyone who doesn't is a MORON. Many people have explained and many different ways why their are people who choose to stay. And rightfully so. But you just ignore what you dont wanna accept and badmouth those who dont follow your tune.

You are joking right... first, at what point do you stop calling them "paid hollidays"... and second, if you have a family, and you aren't looking for another job and running, then it looks like you care more about what Japanese people think of you, then you do about the welfare of your family... Every Japanese person I have asked has stated that they of course would not continue to work for any company who doesn't pay them and can not be trusted. This is a company who uses almost all young inexperienced workers(Japanese and foreign) and then pushes them around, this has always been true, only more now... If you are old enough to have a family, you are old enough to know better... and probably too old to work for Nova anyways...

[cranky]

This really is getting ridiculous... how long can they keep going without paying their staff?

One other point... Even if all the staff walk off the job, will that be the end of Nova or will Saruhashi just call a two week break or something and then reopen if and when he's got some money together?

careful! saruhashi could be reading this and you don't want to give him ideas like this

[billymadison]

I would have thought so - Why not?

I don't know the exact reasons why the union wasn't able to reach out to new teachers, but I've speculated in the past on a number of occasions that the amount of man hours to recruit say 20% and maintain that level would be monumental and essentially a continuous organization drive with no end. I never really saw a fully fledged union at nova (or any other chain) as possible primarily because it would throw the company into a tail slide. Nova, and basically all the eikaiwa chains, are setup around a very specific business model. It's essential that employee wages are kept as low as possible (including benefits) and turnover is kept as high as possible . If a union ever gained enough support to compel an eikiwa to address all the employment problems and provide benefits, that eikiwa would basically be unprofitable and out of business.

Nova's had a hell of a time showing a profit, even before this year they were down some $60mil since 2001. If you subtract the amount they were collecting from teachers above and beyond the actual rent, Nova wouldn't show a profit at all in the past 7 years. Any increase at all on the cost side of an eikiawa business is like an infection (especially long term teachers that make the good money).

BAM!!!!!!!!!!!!!!!!!!! There you go Novawhiz you hit it on the head. Eikiwa jobs are not meant to be long term positions. That is why they can't get organized.

If the Nova union had wanted a strong union, they should have made a shop steward at each branch and have gotten the current teachers at that branch to join.

Once the union had gotten over at least fifty percent of all instructors to join and become members then the ball could get rolling.The union representatives then could meet with Nova mangement and start collective bargaining for a union contract for the union members.

The represenatives would be a union head plus some of the shop stewards to actually represent the teachers. The union could have made some small demands such as pay increases say five percent per year for 3 years, plus some health benifits and etc.

If Nova and the union came to an agreement then a contract would be ratified by the union members voting to accept or not. If accepted then the current union members would be covered under this contract, while the non-union members would not be covered.

Now with a collective barganing contract in place all new teachers would have to be union members, in other words Nova doesn't hire the teachers, basically the union does. Nova would only hire Supervisor positions.

With this the union has control, if the company(Nova) violated any part of the contract then the union could strike or have a one day walkout, that would basically shut the company down, it puts the company in a position to comply.

Union members would have to comply with the strike or shut down or be black balled. If the strike is prolonged of course the company could hire scabs and this is why the union members must strike on the premises of the company to intimidate any scab workers from crossing.

If a new contract is signed or the probelm that caused the walkout is fixed, then the scab workers are terminated and the union members are back to work.

Anyway this is a very brief outline as is similar to a TEAMSTERS style union contract.

But as Novawhiz pointed out this would probably not work here, because most of the teachers are only short-term workers and are not interested in a union.

[S-B]

And for those saying "my Japanese friend/manager/father-in-law blah blah blah understands why I am doing this" I ask you, how long have you been in this country??? Since when did Japanese people start telling others that their decision were wrong??? AND to their face to boot!!!

I should comment on this, seeing as I'm one of the peple that said this.

The boss of the smaller school I referred to in my earlier post was actually very angry with all the lies that were told. I can only work there one day a week, so Nova was the choice for a long time to act as my main sponsor. He's very Japanese, and anybody who doesn't work hard is dealt with quickly.

Having said that, he's also fair. He communicates everything to his staff, he rewards success and even deals with problems successfully. Nova has NEVER done any of these three, which is why many people have now had enough and are refusing to work.

There were a lot of people who were very happy at Nova because it was easy work, and for many people it's the foot in the door for a teaching job. I 100% agree with FalconDriver and his reasons for his toppatsu's. It's completely irrelevant whether you have been paid or not on time in the past. The fact is, this has happened, and the last time it happened peopl were lie to over and over again. Can you trust a company like that?

I certainly understand people who want to continue going in to keep their mind going. I was like that at some point. Problem is, do that too long and your stress level really does go up. Quit and actively job-search. If you're worried about being bored, go for a walk or something. It's much better than going into work and working 5-8 hours a day for something you're probably not going to get paid for.

[kieah]

read the law - they can go two pays before the government helps the workers.


I dont really want to have to go back a quote things but... the responsibilities and families, wives (pregnant ones if you've been reading).

And I'm not saying everyone should work. I'm saying those who plan to stay in Japan, and have been here long enough to collect UI. For those not able to collect, to work is STUPID.

What I'm trying say is for some people continuing at NOVA is the best course of action. Bag the Union all you like but there is a reason they are suggesting it. It's the way the system works in Japan.

Many people have tried explaining this (including me) nicely, and you all agree you feel sorry for those in that situation - then 2 pages later it's back to MORON'S, DRONES and the like. So I thought I'd try your way and abuse the point across.

Misquote parts of sentences or paragraphs all you like but the fact is you forget their are people who are in a different situation to you and you flame and belittle them when they try to explain.

And no that doesnt include the I feel sorry for my students/staff drones, it's the I just signed a bank loan for my house and my wife is 6 months pregnant - I'm looking for work and calling in sick for interviews but otherwise Im going to work to make sure I get UI type of reason.

[zombiejesus]

Seriously are you all American? If any of you are Aussies or Kiwis I hang my head in shame.

hi! i'm an aussie! and you're ignorant! it's a pleasure to meet you!

[fumanchu]

Toppatsu figures for today: I'm hearing there was a 20% increase on yesterday - momentum is building.

[JaPanic13]

kieah

you're a complete tool.

This is the most insipid fucking statement I have read on this board (and i've read a lot on here)

"What you wanna fit the Japanese stereotype that all foreigners are criminals???"

First of all, not all Japanese think that foreigners are all criminals.
Second, whoever thinks that is on them, it has absolutely nothing to do with reality.
Third, are you Japanese? Why are you so concerned about what anybody thinks of you? Be true to yourself and it doesn't fucking matter what people think about you.

Good luck going through life worrying all the time about what people who you have never met (and never will meet) think of you.

There are so many other stupid comments you made, it's unbelievable. I'll let somebody else slam you for them. I've wasted enough time on you already.

Burly said it best: "fuck you, idiot"

have fun going to work and getting no money for it. way to be responsible![/quote]

[Long Termer]

A few pages back I talked about people going to work to fight depression... those people are geniuses compared to those going to work to fight stereotypes...

[kieah]

And if I have a family I should be looking for work...As I said before - for those of you who either dont read every post or forget I personally will not be looking for work and Im sure many people on spouse VISA's who have enough put away wont either.

I dont need a job or a VISA, therefore for me to enter the job market and take a job is just RUDE. I'm trying to think of those who want to stay here but are sponsored by NOVA. They need to find work or they will be send home. If I dont find work I can't go shopping so much woah is me.

Also means no stress for me over this situation. When NOVA goes under I'm taking an extended holiday back home - can't wait. I'm posting this stuff coz many people are seriously worried about their lives, as you would be if this happened back home and you had a family to support. Many of this people can't go home - Japan is their home. How about those with kids in school?

And just because they are still at NOVA doesnt mean they are looking for work. But the days you dont work affect your payout for unpaid time. And they are always Paid Holidays because they are counted in your payout unlike toppatsu's.

edit: dropped word

[kieah]

kieah

"What you wanna fit the Japanese stereotype that all foreigners are criminals???"

First of all, not all Japanese think that foreigners are all criminals.

[/quote]

Dude what WTF do you think a stereotype is? Of course not all Japanese people think it, but some do and thats the point...also I was raising the issue others have raised before.

[Long Termer]

So, you don't want Japanese people to think you are a criminal (for not working for free) but you don't mind when they all realize you are fucking lazy collecting unemployment... Aren't you frightened that they will coment about your long holiday... MY god... one of them might say you didn't gambatte a full 100% and then of course you would need to stick a sword deep in your shamed belly... you know, the Japanese way...

[kieah]

long termer where did I say people were going to work to fight stereotypes? I said don't be a stereotype for bailing and badmouthing those who dont

[JaPanic13]

Dude, don't call me dude


Why do you care what stereotype they have of you? Why are you so worried about what people think?

I am so glad I am not like you.

[Long Termer]

No you said don't be a criminal and a stereotype for not going to work...

[strongbad]

I dont need a job or a VISA, therefore for me to enter the job market and take a job is just RUDE. I'm trying to think of those who want to stay here but are sponsored by NOVA.

Thanks! You're my hero!

[allblacks]

Kieah

Just quit while you are behind. Coming on here and lecturing people. Jesus.

Now lets turn the flame off. What happened today?

[kieah]

the whole stereotype thing came up because I said ;are you all American' (trying to make a point about some people here saying all those who go into work are morons - like people stereotype americans, or the japanese stereotpe foreigners). Apparently I didnt do it well.

not everyone who goes in is a mindless drone but many people forget that and their posts are becoming offensive. Peole have tried nicely to explain some good, valid reasons for continuing to show. So as the 'I'm getting snippy' was meant to show I was trying the offensive tact myself.

It obviously didnt work - but it pissed a few of you off. Remember that when you go to type 'all those still going in are dickheads' or the like

[strongbad]

the whole stereotype thing came up because I said ;are you all American' (trying to make a point about some people here saying all those who go into work are morons - like people stereotype americans, or the japanese stereotpe foreigners). Apparently I didnt do it well.

You just stereotyped the Japanese. Again. As all blacks said, please quit while you are behind.

[trythis]

Yesterday was MY first late payment, for me to not turn up is nothing short of arrogant and disrespectful to the Japanese system.

Do you work for the 'Japanese system'? Or do you work for Nova?

[kieah]

the whole stereotype thing came up because I said ;are you all American' (trying to make a point about some people here saying all those who go into work are morons - like people stereotype americans, or the japanese stereotpe foreigners). Apparently I didnt do it well.

You just stereotyped the Japanese. Again. As all blacks said, please quit while you are behind.

Like - as in the Japanese ya when listing things...including but not only.

The whole point was stereotyping is bad and its becoming offensive - I did say that and I said I obviously failed to get this across well...I'm not interested in a flame war - give it up already

try this I work for Nova, I'm forgien staff, but as I said previously, being paid a few hours, or the wrong side of a weekend isn't legally late.

[fumanchu]

Looking at Kieah's language and comments it is clear to me that he/she is not a gaijin working for Nova, but rather a Japanese guy having a laugh.