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Theshoveller
Joined: 08 Jun 2005 Posts: 11
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Posted: Fri Jun 10, 2005 12:03 pm Post subject: Chicken dance home-leaving contract early??? |
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I haven't been to happy since I've moved to Japan. I've been here for about 4 months and I never intended to stay beyond a year. Now i'm thinking of stopping short with my employers. I'll give it up to the 6 month mark and then I want to be out if here. Money was a consideration when I came here but the biggest reason for coming was to test it out and get real teaching experience.
There are other problems:
Unhappy with the management
Isolated, only instructor and no local foreign community
Sales pressure, the school isn't doing to well
Can't sleep, noise in my apartment is unbelievable
And the undeniable woossing out factor, I don't stay very long in unhappy situations.
So here's the query, how much notice to give?
Ideally I would like to stay out the last two months, but if I give notice now they might get pissed and say take a hike. Its not like I want to give them a screw job either. I mean I could wait till i collect my last pay check and dissappear. So whats fair warning without exposing yourself to unnecessary risks? The school isn't the worst but they aren't the greatest people to work for either. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Fri Jun 10, 2005 12:21 pm Post subject: Re: Chicken dance home-leaving contract early??? |
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Theshoveller wrote: |
ISo here's the query, how much notice to give?
Ideally I would like to stay out the last two months, but if I give notice now they might get pissed and say take a hike. Its not like I want to give them a screw job either. I mean I could wait till i collect my last pay check and dissappear. So whats fair warning without exposing yourself to unnecessary risks? The school isn't the worst but they aren't the greatest people to work for either. |
What does contract say? By law you give the notice stated on your contract. If you are in your first year one month is sufficient if you have a limited term contract and 2 weeks if you are in your second year.
They can not punish or fine you for handing in notice. If you up and disappear technically they have an excuse not to pay your last months salary or make you pay a fine because you cause financial harm to the company, as they can not find a replacement, disrupt the schedule etc. If they fire you (which they can't legally if you hand in notice) they have to give a months notice of dismissal or one months pay in lieu of notice and I doubt they will do that unless they have good reason to get rid of you.
They can not punish or penalise you for quitting your job. Simply tell them tomorrow that its not working out and you are giving two months notice. The amount of notice you need to give them should be in the contract you signed. You can even be a good sport and find a replacement for you before you hand in your notice. Your leaving wont upset them, but leaving students without a teacher to replace you will. Do the right thing and don't sh-t in your own nest when you leave. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Fri Jun 10, 2005 1:12 pm Post subject: |
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I wouldn't beg you to stay if you are miserable, but there are a couple of things to consider.
1. In adapting to a new culture, the first 3-6 months are a "honeymoon" period when you feel the happiest because you are surrounded by such grand new things. Then it wears off and you feel terrible for any number of reasons.
2. Leaving the whole country on the basis of a single employer may not be giving things a fair chance. If you give reasonable notice, you could simply change employers. No visa problems. It will last until its current expiration date. |
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worlddiva

Joined: 03 Mar 2004 Posts: 137 Location: Montreal, Quebec, CANADA
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Posted: Fri Jun 10, 2005 4:11 pm Post subject: |
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I don't know what your employer is like, but I gave mine almost 2 months notice and everyone was cool about it. But it is definitely a gamble....they might react badly.?!
ps: if you do give notice, as I have learned.... the best and most respected excuse is that one of your family members is ill and you must return back home to take care of them. Although, I told the truth...which didn't involve illness to any of my family members, I was told that when I tell my students I will have to use the former excuse so that the company can save face in front of the students. |
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J-kun
Joined: 13 Mar 2004 Posts: 43 Location: The Hell of Pachinko
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Posted: Fri Jun 10, 2005 10:45 pm Post subject: |
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I found that same period, around 4-6 months after arrival to be the low point of my stay in Japan. The first few months were great, but after the newness wore off I started to feel a bit lonely and frustrated. Then, a little farther along things started getting better and I ended up staying longer than I had intended and sometimes even think about going back. I'd encourage you to hang in there a bit longer. Talk to management and if they can't or won't do anything for you, give notice. |
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J.
Joined: 03 May 2003 Posts: 327
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Posted: Fri Jun 10, 2005 11:58 pm Post subject: Deja vu |
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Jeesh, where are you working? Sounds exactly like my first months in Japan. What the others have said might be true, but if you have an employer who is erratic, he/she might try to screw you around by telling you it is okay but then looking for a replacement and letting you go on short notice as soon as they get that new person. They also might tell you you have to leave the apartment on very short notice, but you have a right to stay there, as long as you pay the rent, until you find a new place I think. Just be sure that you have enough money saved and are prepared to leave any time after you hand in your notice, if you want to be safe.
For the noise; go to the nearest drugstore and look for foam earplugs and wear them to sleep. It will help some. For the lonliness...try to locate an International Centre somewhere nearby. They are usually in any city of size. They have people hanging around the free Library or computer or passing through and you can perhaps meet someone there. Look for a local JALT meeting to find other teachers. Get a Brastel phonecard...at the nearest Convenience store or restaurant and phone your family/friends for peanuts. Come here for advice or just to chat. Hang in there. I feel your pain. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sat Jun 11, 2005 5:01 am Post subject: Re: Deja vu |
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J. wrote: |
, but you have a right to stay there, as long as you pay the rent, until you find a new place I think. Just be sure that you have enough money saved and are prepared to leave any time after you hand in your notice, if you want to be safe.
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Small correction.
Not only can they not try and evict you, they have to give you at least six months notice if they want to chuck you out. Legally you could squat in their apartment for six months without paying rent while they take you to court and try and evict you. May be uncomfortable if you are living with other teachers. Tenants have much stronger rights here than landlords.
Second, they may try to toss you overboard before you quit but its a matter of knowing your legal rights. If they fire you they have to give you a reason, give you either one months notice or 30 days pay in lieu of notice. They can not show you the door at their convenience and they are restricted to what they can do by the Labor Standards law. This is for employee as well as employer protection.
For them to fire you they have to get you to accept the firing by giving your signature in agreement that you will resign. Refuse to sign anything keep coming to work until your last day and they dont have a leg to stand on. Far too many employees are cowed and intimidated by employers here because they dont speak Japanese they dont know what their legal rights are and they let Japanese bosses have them over a barrel. The Labor Standards laws are available for all on the Internet in English if you do a websearch.
Non illigitemus carborundum est.
(rough translation) Don't let the bug-gers grind you down.... |
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Gordon

Joined: 28 Jan 2003 Posts: 5309 Location: Japan
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Posted: Sat Jun 11, 2005 6:45 am Post subject: |
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I think knowing your legal rights is important, but if you work for a sh*t employer, it does not mean they will abide by the law. Yes, you can take them to court, but it probably wouldn't be worth it and you probably would never see justice served anyways. Think hard before you give them notice. I think 1 month is ample, just after you get your paycheque.
If possible, tell them why you want to leave and they may improve things for you to make it worthwhile. |
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Theshoveller
Joined: 08 Jun 2005 Posts: 11
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Posted: Sat Jun 11, 2005 10:10 am Post subject: |
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Thanks to everyone that responded. Your advice has been very helpful. I think I'm going to take the advice of giving notice at the one month mark. This will give me a month and a half to see if things improve before turning everything upside down with the notice. I'll definitely do it after pay day.
The contract has a financial penalty of about 100,000Y for breaking contract without giving four months notice. This is taken off your last paycheck. Aside from this hefty sum nothing else is specified. The apartment is not in my name, which prior to now was a convenience but now poses a threat since I could be booted out on the spot I think. Since I didn't pay a key deposit I never thought anything of it.
The earplugs are a good idea but the apartment has other factors. Lame neighbours on two sides. The people living under me and to the left get a kick out of slamming doors and closets at 3:00am. The airplanes buzz my apartment at 7:30 am. The noise is part of it but the badly constructed building jiggles like fat man on a trampoline everytime these things take place. I think the walls are glued together with confetty. The neighbours aren't doing this out of spite because the noise they make is affecting their Japanese neighbours as well. I think one of the them's an alcoholic and the other's a fluzy but i can't back that up.
I'll make sure to brush up on my workers rights. It would be good to have my defence solid and readily available should they react badly and take the punishment route. Thanks again, lots of food for thought here. |
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azarashi sushi

Joined: 23 Jan 2003 Posts: 562 Location: Shinjuku
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Posted: Sat Jun 11, 2005 10:22 am Post subject: |
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Good luck shoveller in whatever you decide.
Speaking from experience of having broken contracts and given short notice in the past, I think it is best to be completely honest with them about what you are feeling and give them as much notice as you can. The are genuine enough issues you have. Just be humble and honest.... Being humble goes along way. Japanese society tends to look after the weak and humble. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sat Jun 11, 2005 10:32 am Post subject: |
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Theshoveller wrote: |
TThe contract has a financial penalty of about 100,000Y for breaking contract without giving four months notice. This is taken off your last paycheck. Aside from this hefty sum nothing else is specified. The apartment is not in my name, which prior to now was a convenience but now poses a threat since I could be booted out on the spot I think. Since I didn't pay a key deposit I never thought anything of it.. |
Shoveller
Let me put to you like this.
Levying a 100.000 yen penalty is ILLEGAL under Japanese law. They can only fine you if they can prove that you caused financial damage to your company and is restricted to 10% of monthly salary. This is very hard to prove and he would have to take you to court. There was a company on here last year that was fining teachers 60,000 yen for breaking contracts and the union was able to get the company to back down. what they are doing is ILLEGAL under japanese law.
Fines are permissible but must not exceed more than 10% of one months salary of half of one days pay.
second. Actually quoting a numerical figure for a fine or penalty in your contract is alsoILLEGAL. Would you like me to show you the relevant clause? You can take it to your employer and tell him he is breaking Japanese law. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sat Jun 11, 2005 10:37 am Post subject: |
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Question: I am working at an English language school on a one-year contract. Asked by my friend to work at another language school, I am thinking of changing my job. My contract says, however, that I must pay a penalty amounting of twice my monthly salary if I quit during the contract period. Must I really pay it?
Answer: In order to protect employees from being forced to work, the Labor Standard Law (Rodo Kijun-ho) states, "An employer shall not make a contract which fixes in advance either a sum payable to the employer for breach of contract or the amount of indemnity for damages." Therefore, the penalty stared in your contract is invalid. However, if your employer incurs damages due to your departure, he/she can claim for the damages. In such a case, your employer is required to prove that damages were indeed incurred and were caused by your resignation. In your case, your reason to quit your job does not seem to be unavoidable and, therefore, you are responsible for breaking the contract. The Labor Standard Law allows employers to cut wages as a sanction against employees who, for example, break their contract, do not show up for work without prior notice, or often come to the office late. The Labor Standard Law also stipulates that if an employer cuts your pay, the reduction must be less than half your daily wage and the total amount of the pay-cut cannot exceed 10 percent of the total wages for a single pay period. We understand that sanctions such as wage reduction can be stipulated in the rules of employment of the company, and therefore, you need not lose any money unless these rules mention sanctions. |
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PAULH
Joined: 28 Jan 2003 Posts: 4672 Location: Western Japan
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Posted: Sat Jun 11, 2005 12:02 pm Post subject: |
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Shoveller
you want to tell me what else he's put in your contract apart from fining people? Chances are if hes fining people big money he's done it before and no one has questioned him ( or no one has contacted a union). What else does he have there that may be illegal? |
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