Job Discussion Forums

[cafebleu]

This thread is posing some interesting questions and posters are giving interesting information. On this subject, I have a friend in Tokyo somewhere - I forget the place. He works for a small school and his contract says he has to give 2 months notice if he decides to quit.

He wants to quit because he is tired of giving free English lessons to the owner - yeah, it`s a small, private English school. He has to come in around 2 hours early before his classes and teach the owner. He doesn`t get compensated financially for that and his anger is about to boil over.

His boss told him he had to give him 2 months` notice if he wanted to quit the school. My friend said this will stop him taking up job offers as nobody is going to wait around for him this long. Any suggestions?

[Glenski]

Tell him to level with the boss and state that he just can't give free lessons anymore. Any excuse will do.

1. No time (even if this is a lie).
2. Free lesson cuts into his prep time for other classes.
3. Doesn't feel morally right (especially since the boss can afford lessons).
4. He'd rather give the boss a private lesson at his home just so he can offer a QUALITY lesson in more comfort.

etc.

[AgentMulderUK]

No, I chose that school as I thought it was a good one. Since, I learned more.

I dont have many chances to get recruited here in the UK.....so i thought its better than nothing. I thought I would give them a try, that's all.

I just wanted to know my options should it all go horribly wrong.

[cafebleu]

Update on my Tokyo friend`s situation - I referred him to this website and thread, specifically Glensksi`s post, and he decided to follow some advice given by Glenski. He told the boss he would have to give 2 months` notice starting from that day if he had to keep giving free English lessons in his own time. He explained the reasons nicely and the boss stopped asking him to come in 2 hours` earlier. Thanks Glenski.

Another pertinent question about contracts - in the case where a teacher is doing part time work to the tune of very few hours (eg 2 or 3 hours at a school PER WEEK) on a one year contract and the contract states that to resign one must give a few months` notice (eg 3 months), what is the deal?

I know Paul H dealt with notice for contracts in another thread but it would be interesting to know what really goes on in the case of the teacher getting such few hours. Part time work, not full time work. Let`s say this is the scenario -

Eikaiwa A is employing an English teacher for 2 hours per week. Teacher`s contract is one year and contract says 3 months` notice must be given to quit. This is such a little job - can the teacher get away with less than the notice time specified in the contract?

I know 2 friends in that kind of position. Their reasoning is they are going to quit and give far less notice. They say the hours are so neglible that the eikaiwa has no right to hold them to such a draconian position.

Glenski, Paul H, anybody?

[PAULH]

Cafebleu

Thanks for the thumbs up.

the info I got was from the Osaka general union website http://ww.generalunion.org which deals with this kind of thing, and the reason that sufficient notice being given is to stop teachers bolting out of the blue and leaving the school in the lurch with no replacement teacher. For most large language schools a 2 week notice is all that is really required or the amount of notice that is on the contract. I think this really applies to full time positions but with part time as well it should be no great financial loss to lose a couple of classes, but common courtesy suggest you give adequate notice. personally I think three months is too long, and is perhaps a way of manipulating or controlling your access to other jobs- wagging your chain as it were.

However I do believe that common sense should prevail, and that if the shoe were on the other foot, the school could fire the teacher at will, and have a replacement the same week. In the same token as long as the students are not disadvantaged it should be possible for the school to find a teacher replacement within two weeks, or at most a month evn though they require 3 months out of you if YOU want to leave.

It is unlikely that the school is going to chase after the teacher, fine or penalise him over just two classes if he decides to give notice a month before and the case is not really worth taking to court, or worth taking legal action over.

Perhaps what the teacher can do is 'soften the blow' by lining up a replacement in his place and then handing in his notice a month before. A school will be mollified if a teacher is waiting in the wings. Students will have a teacher to take over and the school wont be forced to run around trying to find a teacher, conduct prospect interviews, which for many school owners is about as much fun as pullling teeth. I know its not your job but i dont know who the boss is or this particular situation or who you are dealing with, but if you meet them halfway Im sure they will come around.

BTW In case you missed it, a school may not incur fines more than 10% of wages in a monthly pay period, or withhold salaries, under the labor standards law for such things as quitting contracts without due notice etc.

[cafebleu]

Thanks Paul, succinct as usual. I`ll pass this on.

[ScottishMike]

[PAULH]

Im not familiar with trade union law regarding suspensions and I think it would have a lot to do with the individual circumstances as each case is usually judged on its merits e.g. if one actually deserved suspension by decking your boss or stealing money from the company.)

Best to check with someone at a union who can argue the case for you.

I want to quit my job. How much notice do I have to give?
This question is not covered under the Labour Standards Law but is based on precedents set in civil courts. It all depends on whether you have a limited or an unlimited term contract, and if you have a limited term contract what contract year you are in.
Unlimited Term Contract --- two weeks notice is sufficient.
First year of a one year contract --- you can quit at either the end of the contract or quit by following the procedures laid out in the contract for quitting. If you don't follow these rules your company has a theoretical claim against you but can only act on this by using civil court procedures.
Second year (plus) of a renewed one year contract --- two weeks notice is sufficient.

My employer fired me suddenly. Am I entitled to anything?
This is a very difficult question to answer and includes many different factors; the Labour Standards Law, civil court precedents, Ministry of Labour guidelines on firings, and Japanese unions' perspectives on firings. Before we try to answer this question it is important for you to understand one important piece of advice. If you feel that you have been unfairly fired, don't sign anything (it may be a statement saying that you quit) and call the union immediately.
The Labour Standards Law states very simply that except in the most extreme of circumstances (you punch your boss, an earthquake destroys your workplace), an employer must give 30 days' notice or thirty days pay in lieu of notice. If you are fired, it is relatively easy to get this (Articles 19, 20).
The part of the law that is difficult are the many Japanese court rulings and Ministry of Labour guidelines on the propriety of firing someone. In Japan it is very difficult to fire someone in the middle of their contract (or workers who have an unlimited term contract) or someone with a one year contract which has already been renewed many times. 'Very difficult' means that in a civil court, unless the firing is done for "socially acceptable reasons" (which is up to a judge to decide), a firing could be overruled.
The problem with these precedents and guidelines is that the Labour Standards Office either won't enforce them or in many cases is powerless to do so. So unless you are prepared to go to civil court there is very little an individual can do to stop an unfair firing.
If you are fired call the union immediately and we can examine your situation. As stated in the Trade Union Law Q & A, a union can negotiate anything with an employer even if you are the only union member at your company.
On the other hand if you believe you have been fired for your union activity, we have many other ways to help you outside of the Labour Standards Law. Please see the General Union Q & A on the Trade Union Law.
If you are fired, remember one very important thing: tell the company that you don't accept their decision, offer to continue working, and make it clear that you are willing to work. Don't sign anything and don't try to one up your company by stating that you quit. The reasoning for this is that if you accept your firing or if you say that you quit, legally you are accepting it and it will make it more difficult to deal with this in the future.

Last week my boss fired me and told me to leave. He said he would pay the 30 days' dismissal allowance. Today he called me and ordered me back to work from tomorrow for the remainder of the 30-day period. He said I'm still an employee, and that I must obey him. Is he right?
No. If he wants you back to work, he must withdraw the firing completely. The employer-employee relationship ended on the day he fired you; the 30-day dismissal allowance is not a month's salary, it is an allowance which must be paid within 7 days of the firing (Article 23). The only problem here is proving that he really told you not to come to work again. He may claim later that he simply gave you 30 days' notice of dismissal. If you have documentary evidence, or a tape-recording, you will almost certainly win your case through the Labour Standards Office or in a Small Claims case at court.

I want to quit my job before the end of my contract and now my employer won't pay me this month's wages. He also wants me to pay a fine of one month's salary. Is this allowed?
No. Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your employer must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23).
If this happens, it is very easy to retrieve both the fine and the back wages using union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you are liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. We have never actually seen a language company sue an employee for quitting a contract without proper notice.

It is stipulated in my contract that I can be fired without notice during a three month probation period. What does the Labour Standards Law say about this?
Regardless of the length of probation written into your contract your employer cannot fire you without notice (see section regarding firings) after you have completed 14 days of your contract. During the first 14 days your employer may fire you without notice (Article 21).

Can my employer not renew my contract without offering me any reasons?
Sadly enough, the issue of contract non-renewal is not dealt with in the Labour Standards Law. Once again we would advise that any worker in this situation call the union immediately and not sign anything from the employer.
Civil Law does deal with this issue but the only way to use this law for an individual is to sue the employer. Past civil rulings have said that a one year contract worker who has been renewed several times should be treated like a worker on an unlimited term contract and therefore an employer must have proper reasons for dismissal (non-renewal). In the past the General Union has been able to deal with this issue inside and outside of courts especially against companies who use non-renewal to fire union members for union activity.
The same with firings; if you're told that your contract is not being renewed, try to get the company to give you reasons (they don't have a legal obligation to give you any) and tell the company that you don't accept this and are willing to work at any time (see the question on firings).