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Sheik_Yerbouti
Joined: 16 Jan 2005
Posts: 11
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 Posted: Fri Oct 28, 2005 10:57 am Post subject: Leaving a job in mid-contract |
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| I will be leaving my job, and I was wondering how much notice I am required to give my employer? I currently work at a private JHS, and I signed a two-year contract in Spetember of 2004 that is set to expire in July of 2006. Is it two weeks, four weeks? 90 days? Anybody have any information on this? Thank you in advance. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Fri Oct 28, 2005 12:09 pm Post subject: Re: Leaving a job in mid-contract |
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| Sheik_Yerbouti wrote: |
| I will be leaving my job, and I was wondering how much notice I am required to give my employer? I currently work at a private JHS, and I signed a two-year contract in Spetember of 2004 that is set to expire in July of 2006. Is it two weeks, four weeks? 90 days? Anybody have any information on this? Thank you in advance. |
If you are in the second year or more of a renewed contract the time is two weeks notice or whatever is stated on your contract about quitting. HS may require some more time to find a replacement so the more time you give them the better they will think of you. |
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Sheik_Yerbouti
Joined: 16 Jan 2005
Posts: 11
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| Posted: Sat Oct 29, 2005 12:49 am Post subject: |
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| That's just it. There is no specified time stated on my contract. Also, this contract has not been renewed. I signed it just the one time in 2004 and it isn't set to expire until 2006 of July. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Sat Oct 29, 2005 12:24 pm Post subject: |
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| Sheik_Yerbouti wrote: |
| That's just it. There is no specified time stated on my contract. Also, this contract has not been renewed. I signed it just the one time in 2004 and it isn't set to expire until 2006 of July. |
Its probably because it would never occur to them that some one would actually consider quitting during the middle of a contract. The contract is up, you leave or you renew. Not drop out in the middle. Common sense would suggest that you leave when classes have finished for the year and not in the middle of term where they have to try and find some one. It creates all kinds of problems if you just bail out in the middle of a school term.
You really only need to give at least a months notice to be on the safe side and you might even consider ling up a replacement for you when you hand in your notice. Two weeks is really for eikaiwas where its probably easier to find teachers at short notice. I work in a university and it takes 3-4 months to find a suitable replacement after everything has gone through committee.
Question: I'm teaching English under a one-year contract. The contract states that I must give my employer three months' notice before quitting.
Is there a law on this in Japan?
Answer: The Labor Standard Law (Rodo Kijun-ho) does not specify any notification period. The Civil Law (Mim-po), however, stipulates that you must give your employer two week's notice of your intention to resign if your contract has been fixed without a specified period (Article 627, Civil Law).
Since your contract specifies the term of service, you are subject to the contract unless there are special "unavoidable reasons" (Article 628, Civil Law). You might encounter legal problems if you quit without giving your employer three months' advance notice. Violation of the contract by your employer or circumstances that have arisen which are beyond your control are sufficient justification for you to cancel the contract. If you fail to give three months' advance notice and quit without good reason, your employer may claim damages from you for breach of contract. Contract negotiations should include the notification period, which employers tend to make long because of the cost of recruiting foreigners and the difficulty of filling vacancies. However, the notification period should not be longer than is necessary, as this puts constrains on the employee. You should discuss the notification period with your employer before signing the contract.
(Request for Cancellation)
Civil Law Article 627.
(1) When the parties have concluded a contract without a specified period of employment, either party is entitled to request that the other party cancel the contract at any time. In this case, employment will be terminated two weeks after either party has requested cancellation of the contract by the other party.
(2) When the contract specifies the period of employment and wages, either party is entitled to request that the other party cancel the contract for the second and later terms, provided, however, that such a request is made in the former half of the current term.
(3) When the contract specifies a period of employment of six months or more and wages, the party wishing to cancel the contract shall request the other party to do so three months in advance.
(Cancellation of a Contract for some Unavoidable Reason)
Civil Law Article 628.
Even if the parties have concluded a contract with a specified period of employment, either party is entitled to cancel the contract in unavoidable circumstances.
However, if these circumstances are the fault of the canceling party only, he/she shall be liable for damages suffered by the other party. |
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Theshoveller
Joined: 08 Jun 2005
Posts: 11
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| Posted: Sun Oct 30, 2005 5:19 pm Post subject: |
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You know your school and bosses. The thing to do is make the judgment call. Are these people that will understand, be flexible or will they drag it out and make things as uncomfortable as possible for you.
I too left mid-contract and had to pay out half my monthly salary. It would have been cheaper for me to ditch them without notice, of course that would have been nerve wracking and the guilt would have been tough. If you think your school will get all legalistic on you I say ditch-em. This isn't a real profession and that's why we don't get real respect. People forget its a two way street. If your school has been good to you (and not in the sense of the bond between the kidnapper and kidnappee) then you have nothing to fear and be honorable. If they have done the little annoying things that have bit by bit soured your experience, you owe them nothing. Let them try and take legal action, their words will fall on deaf ears in your home country.
People talk about legal rights of schools and teachers, but underneath it all is a false sense of security. Everyone knows migrant workers have no rights and their employers have no way of keeping them. Your not a Korean slave in their pottery barn. If you want to leave LEAVE and don't let anyone here scare you or make you feel guilty. |
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