Job Discussion Forums

[guest of Japan]

We've all seen things in contracts and thought "Hey they can't write that. It's illegal." There is a trick behind all these bad contracts.

They can legally write whatever they want. Enforcement of an illegal clause in a contract is a different matter.

[PAULH]

[Gordon]

The worst thing I've ever seen in a contract is the one from Lingo School in Takamatsu. It said that if you left before your one year was up, you had to pay them 1,000,000 yen in "compensation". A friend showed me this contract and obviously didn't work there.

[guest of Japan]

Gordon,
Someone posted a contract similar to that one before. I used that example with my source when I was trying to learn the line between illegal and legal. My source said that a company can type anything it wants, but it would have to be completely stupid to try to enforce something like that. Alot of companies give scare tactics in their contracts because people don't know the laws and are likely to be afraid to break a contract if they think a penalty like that is coming. Although I'm sure that there are plenty of fly by night operations that would try to enforce something like that because they don't know the law.

PaulH,
You're right about the people making the mistake of signing contracts like that. I think that in most cases the company wouldn't even attempt to act on the threat. However, it is possible that they would, and the only recourse for the teacher is to have a grande ol time with the Japanese legal system. For me the more problable problem with the school is that it is going to be a living hell because the management obviously doesn't know anything about labor law or running a business.

The reason I'm learning these details is because I've been editing contracts for my boss. At a couple of points we've run into situations which I felt were a little hazy under the law. Thus, I mentioned my concerns and we have had several long conversations about labor law and how schools can operate under its blanket. It's been very interesting.

[cafebleu]

Speaking of contracts, has anybody been in the situation where they have given the notice specified in their contract to quit the job, and then have pressure put on them to find a teaching replacement? I finished a job last week, having given the 2 months notice specified, yet the administrators asked me in my last week to find a replacement.

I said I would try and they called me this week about it, but really I don`t think it is my job to find my replacement. What do you think? It says nothing in the contract about finding a replacement if you quit - only about finding a replacement if you cannot teach anytime because of illness or going back home for a holiday or whatever. That is fair but I don`t think it is fair to put the onus on me to find a new teacher. That school had 2 months to find my replacement.

Nobody I know wants the job because the hours are too few. I feel I behaved honorably in keeping to my contract and I don`t appreciate the school trying to get me to do their recruiting work. Does anybody agree with me?

[guest of Japan]

It certainly isn't your job to find your replacement.

[cafebleu]

I thought so too. Particularly when that school places itself in a difficult position by offering so few hours per week. I did that job because I wanted another at the time although the hours were not good.

My reasoning is - if they want somebody to teach in the timeslot that I did previously they have to give some incentive in terms of hours. Maybe they know they are not likely to get somebody who was actually a teacher in their home country again. The working conditions in that school are fine and the students are good but I regretted taking that job as it meant I could not take much better work opportunities at other schools that came up later. By better, I refer to the amount of hours.

At least that school didn`t advertise for a serious teacher willing to work at a school for 5,000 yen a month. Yes, you heard it. My friend told me about that job advertisement - what absolute gall.

[Glenski]

cafebleu,
What are they going to do if you can't find someone? Refuse to let you quit?

You signed on as a teacher, not recruiter. Leave in dignity and peace.

If they try to stiff you with the last salary, they are dead meat.

Uh, you got your letter of release already, didn't you?

[Gordon]

Cafebleu, don't worry about it. You are not expected to find your replacement. That is the school's job and they have obviously been slow to find a new teacher.

[PAULH]