Job Discussion Forums

woz · Joined: 22 Oct 2009 Posts: 9

...if I break my contract.

I have been in Asia for 5 years now, never broken a contract once and nor did I intend to...

Recently one of the companies I work for has been extracting the urine a tad. Basically, I have prepared lots of lesson plans, curriculums, schedules and so on, FOC. I have all the work I did on disk. Over 40 - 50 hours on the computer over a 4 - 5 month period.

This was not part of the contract. Muggins here was stupid enough to agree to it when they asked. Eventually I put my foot down and told them they should provide a curriculum. It is business level English after all.

I had a couple of classes cancelled 'on the day' in November and now they do not want to pay me for them ( excuses like, "we are very sorry and we will ask the student not to do it again" Laughing

), if a class is cancelled 'on the day', you get paid, if you get prior notice the day before, you don't. That's fair enough.

It does not however state this in the contract. This was a verbal agreement on the day of signing the contract.

In my contract it states that if I terminate the contract, I am liable for a cash fine. I know this is illegal as I have seen a similar thing in a previous post. If someone could point me to that thread, I would be grateful.

So any ideas? I think I should go to the labour board and see what my rights are. I would much prefer to get out of this company as they are incompetent.

womblingfree · Joined: 04 Mar 2006 Posts: 826

wayne432 · Joined: 05 Jun 2008 Posts: 255

You might be able to find it in the FAQs and if not, a search might do it.

I had a similar situation before. When I told my old company that I wanted to leave early, they threatened the penalty fee (ie taking it out of my final month salary). I told them that that was illegal and that I wouldn't pay it, and offered documentation.

They claimed ignorance and said that they would have to check with their lawyer, etc. I told them, I'd give them 2 weeks (I gave them long notice before leaving), but that if they didn't tell me by then, I would go to the labor office. After a week, they came back and said that they realized it wasn't fair and would pay me in full.

In short terms, you can tell them it's illegal and maybe show proof. But if they still play dumb after that, you can tell them that you'll contact the labor office (maybe even together with them) to check. They'll eventually have to cave.

Pitarou · Joined: 16 Nov 2009 Posts: 1116 Location: Narita, Japan

The General Union has a good FAQ about this (http://www.generalunion.org/law/lsl#S3):

To summarise:

If you give "proper notice" and the company doesn't pay wages owed, it's relatively easy to claim your money back at the Labour Standards Office.

If you don't give proper notice, the company can claim damages, but they have to take you to court to do this. This is very rare.

If you are on a 1 year contract, "proper notice" means "whatever the contract says". After the first year it's 2 weeks.

Shonai Ben · Joined: 15 Feb 2003 Posts: 617

In my case I gave 2 weeks notice on a one year contract.....finished on the day I said I would and walked away.........to never look back.

Rule # 1.......always look after you first so walk away if that's the best option........

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf

(Ban on Predetermined Indemnity)
Article 16. An employer shall not make a contract
which fixes in advance either a sum payable to the employer
for breach of contract or an amount of indemnity for
damages.

(Restrictions on Sanction Provisions)
Article 91. In the event that the rules of employment
provide for a decrease in wages as a sanction to a worker,
the amount of decrease for a single occasion shall not exceed
50 percent of the daily average wage, and also the total
amount of decrease shall not exceed 10 percent of the total
wages for a single pay period.

Since they did not clearly put in the contract the details of paying you on the day of cancellation, perhaps they are also voiding the contract due to this article:
(Clear Indication of Working Conditions)
Article 15. In concluding a labor contract, the
employer shall clearly indicate the wages, working hours
and other working conditions to the worker.

(Contract Violating This Act)
Article 13. A labor contract which provides for
working conditions which do not meet the standards of this
Act shall be invalid with regard to such portions. In such a
case the portions which have become invalid shall be
governed by the standards provided in this Act.

woz · Joined: 22 Oct 2009 Posts: 9

Thanks for the useful information guys. I gave my notice of 3 weeks, my contract is only a six month one and it states in it I must give 2 months notice ( on a six month contract Shocked

), so we will see how it plays out.

The contract finishes in about 6 weeks anyways. TBH I think it would be safer to quit as of now and see how the cards fall.

If I have to go to court then so be it.

womblingfree · Joined: 04 Mar 2006 Posts: 826

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

Pitarou · Joined: 16 Nov 2009 Posts: 1116 Location: Narita, Japan

Thanks for posting that link, Glesnki. What an excellent resource!

Do you have any more links like that up your sleeve? Maybe you should get them added to the FAQ?

Hot-Carl · Joined: 07 Apr 2009 Posts: 63

Pitarou · Joined: 16 Nov 2009 Posts: 1116 Location: Narita, Japan

Yeah, something like that (although I think Shane do 12 month contracts).

sarahrempe · Joined: 03 Nov 2009 Posts: 11

heya, about 4 years ago, feeling quite depressed and stressed, i did a runner when i was a teacher in central japan with a well-known eigawa-school.

my question: if a potential employer/school contacted the ministry of immigration about a new work visa, will the ministry give them the contact info of my old school (such that the new school would or might call and find out why i left after 6 mos)??

any info or advice would be appreciated. cheers.

Apsara · Joined: 20 Sep 2005 Posts: 2142 Location: Tokyo, Japan

I very much doubt it. Immigration have a job to get done, and they are only interested in doing things that are part of that job, which doesn't include giving out your past employment information to future employees. Providing you didn't violate the conditions of your visa last time and all your paperwork is in order this time, I'd say you have nothing to worry about from Immigration. That's all they are interested in.

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

I agree that they will not get the info from immigration. If they are so inclined to know why your previous job was so short, they might contact the employer directly. Hard to say, but I don't think they would even do that.

Some big eikaiwas refuse to hire people if they cancel contracts early from certain other eikaiwas, though. If you've already been hired, that's moot.