Job Discussion Forums

DNK · Joined: 22 Jan 2007 Posts: 236 Location: the South

So I'm looking over this contract today, and lo and behold there's a 200,000 yen fee if the contract is ended by the employee at any time before it is completed. I've heard about this on other threads, but is this even legal? For my own sake I think I'm going to steer clear, unless this is normal, but this is the first time I've seen it in maybe 5-6 contracts I've looked through...

bornslippy1981 · Joined: 02 Aug 2004 Posts: 271

Khyron · Joined: 10 Mar 2006 Posts: 291 Location: Tokyo Metro City

...and then they wonder why people pull runners... Rolling Eyes

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

Give them a wake-up call by showing the contract to a union member.

DNK · Joined: 22 Jan 2007 Posts: 236 Location: the South

What exactly would the union do?

A few more highlights from this contract/interview:
- Am expected to go on unpaid after-school social outings with students
- Cannot do any private work or work anywhere else in any fashion
- Must get permission to speak in public
- Must rent from employer
- Must give 4 months advanced notice before contract termination
- Legal action will be taken against private lessons
- The afore-mentioned 200,000 yen fine for any early termination, apparently regardless of notice

GIR · Joined: 12 Apr 2007 Posts: 64

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

- Am expected to go on unpaid after-school social outings with students
This may not be so bad as you think. Unpaid may suck, but just how often will these outings take place, and for how long? Once a year for a couple of hours? No problem with me.

- Cannot do any private work or work anywhere else in any fashion
Total B.S. Nobody can tell you what to do in your free time. Sign at your own risk.

- Must get permission to speak in public
I presume this means speaking about the company, which only makes sense from a legal standpoint. Hardly likely that you're going to be on TV or in the newspapers talking about your employer, but it sounds like they may have had cases of this, probably to dis on them. I wouldn't worry unless you figure you're going to be unhappy enough to complain publicly.

- Must rent from employer
More B.S. They can't force you to live where they want. Control freaks. I suppose they figure if you rent from them, they have more control over you. Hello! They do, but they will not be able to evict you on a moment's notice, like they probably think they can, should something go wrong.

- Must give 4 months advanced notice before contract termination
This is a company policy, not a legal requirement. More B.S. Legally, you are required to give a month's notice in the first 6-10 months (I forget which), and then after that you can give only 2 weeks. Sign at your own risk.

- Legal action will be taken against private lessons
See #2 above. They are just trying to keep you from sucking away clients they have or potential clients.

- The afore-mentioned 200,000 yen fine for any early termination, apparently regardless of notice
So, even if you give the 4 MONTHS notice, they can fine you? Goodbye!

Gordon · Joined: 28 Jan 2003 Posts: 5309 Location: Japan

Please post the name of the employer so others will know. Just a hunch, does it rhyme with Bingo?

DNK · Joined: 22 Jan 2007 Posts: 236 Location: the South

Thanks, Glenski. A few clarifications:
The after-school social outings were in addition to the typical company parties, etc, which appeared to be fairly regular themselves.

The speaking in public was any speaking in public, regardless of topic apparently. I could be talking at a conference on climate change (why is beyond me, anyway), and it would fall under the stipulations of the contract. There was no wording to the contrary. Of course, how it is enforced is another issue, but considering the rest of the contract I wouldn't doubt issues with such a hypothetical situation.

DNK · Joined: 22 Jan 2007 Posts: 236 Location: the South

No, it rhymes with nichibei.

It is also spelled the same.

It also sounds exactly like "nichibei".

But it is definitely not nichibei in ehime, as I would then be breaking the contract I haven't signed yet by revealing this information Razz

On another note... sigh... are there any schools in Japan that have decent contracts AND get you a work visa before coming over? I can't seem to find them!

DNK · Joined: 22 Jan 2007 Posts: 236 Location: the South

Last question: I'm thinking of how to turn their offer down. Do you suppose just coming out and saying that the contract contains illegal stipulations and excessive demands would be "professional" or should I just leave it a "will look elsewhere, thanks, bye" thing?

gaijin4life · Posted: Fri Jun 22, 2007 6:11 am Post subject:

J. · Joined: 03 May 2003 Posts: 327

Yes! Yes! Yes! Please tell them that you are not signing because the contract contains illegalities. It's the only way to put this kind of company on notice that they can't get away with this. And thanks for warning everyone , too. It's this kind of responsible behaviour that improves working conditions for everybody.

Thanks!

solarmist · Joined: 10 Feb 2007 Posts: 52 Location: Fort Collins, CO

I'm going to say that the big four (although staying away from Nova until this mess is cleared up might be good, but they told me that they are actually going to be ramping up hiring, so they can provide the lessons that they said were available) is going to give you a fair contract, provide a visa, and help arrange a visa.

It isn't going to be the best contract available, but at least it is reasonable for the most part (No fraternizing with students or must have such and such insurance aside).

sallycat · Joined: 11 Mar 2006 Posts: 303 Location: behind you. BOO!

geos does the unpaid outing thing too. a friend of mine was continually invited out by a student who kept trying to get her drunk. she had to ask the geos head office to turn him down -- she wasn't allowed to do it herself.