Job Discussion Forums

[seditiouscloud]

Picking up on an older thread, I am trying to understand if an employer is or isn`t allowed to include in your contract a clause stipulating a fine for breaking the contract.

I tried to follow PaulH`s direction to the Nakakubo article, but found no mention there of article 16. What I did find was something to the effect that may only break a fixed term contract in a case of emergency. No luck connecting to that file of the Labour Standards itself, but some info
for foreign workers proved interesting and likewise mention article 16.

In Canada, even if you sign a contract stipulating X-type clause, if the clause is against the law, then the contract is invalid.

Is it the same in Japan? Or is it `HAHA! We tricked you!` Sometimes doing things here ends up this way. But is there legal protection?

Has anyone tried this- to bring up issues of illegality with your boss?
So far, when I have tried to talk to my boss about how his working conditions (false representations or work and working conditions, regular infractions of law) he tried to both reassure me and panics a bit himself, like he isn`t aware of the law himself. He seems to make some condensations to law, but when it is about him losing an employee, or especially money, he gets a bit nutty.

[PAULH]

[seditiouscloud]

Oh,

What I actually meant was not about being late for work, but being charged 1000 bucks if I want to quit. I understand why a company might ask for something like this, but if it was an illegal practice I`d be much happier. And more so still if I was protected by the labour law even without union membership.

Protection for unions only? That sounds more like a gang than social justice.

[PAULH]

[Big John Stud]

seditiouscloud if you want to quit, you should join a union first. Give legal notice in writing, and take a copy to the office of the local Labour Standard Office. Not that they are any good, but play it safe. If the company doesn't want to pay you, getting them to pay in Japan is almost impossible.
One company still owes me a month and a half salary from 2003. I found out afterwards from a colleague from the same company to go to the labour Board before you actually quit. She did and they were of a little more assistance to her.
Good Luck

[PAULH]

[seditiouscloud]

I`ve no qualms about joining a union or paying dues, its more that I don`t know that I am allowed to join a union because my status here is limbo. Because of misplaced trust in my employer when I began working and then when I gave notice in being obliging by agreeing to stay three months longer when I gave them notice, I`m staying longer under a change of status application, permitted according to immigration.
At that point my quiting was nothing personal, just that the job was not what they advertised and since my visa had not arrived yet, I thought it best to save everyone hassle and money by leaving then. But they asked me to stay till they could find a replacement and promised to get their arses in gear and get the visa, not just a notice of approval. But since then they have treated me horribly and now they are hedging on whether they will pay for the visa. At first they refused but I told them I would leave and deal with immigration, now they are hedging because if I go, they are without a teacher and in the time since I gave notice, they haven`t had luck finding one. They haven`t decided if they will insist on me paying the penalty- they seem to think that their actions are within the law and are still trying to figure out a way to get me to pay for doing them a favour.

Thanks for the advice guys, its been helpful! The whole thing has made me realise that there is no place for trust with ESL employers, they have a business to run and only care about profit. If they can`t profit by selling language then they will profit by tricking people foolish enough to work for them.