Job Discussion Forums

[GreenCardigan]

Hey guys,

I've got a question about Japanese Labour Law: How much notice do we need to give our employer that we're leaving?

In my contract it says 4 weeks. However, I was under the assumption that it was only 2 weeks or 14 days.

I work as a Business English Teacher, so I'm not exactly sure whether I'm classified as a Part-time worker or a sub-contracted worker. In terms of the contract, not sure if it's fixed date or open. I believe it's the latter.

I'm in the first year of my contract--at about the 11 month mark.

Have taken no holidays and missed no working days in that time.

What would be the penalty for leaving early, say only 12 days after giving notice?

(Glenski, the reason I want to leave early is that I've been offered a job elsewhere.)

Green,

[Glenski]

This is actually a rather gray area.

http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
This is how much notice the employer has to give you, so the same should hold in reverse.
(Advance Notice of Dismissal)
Article 20. In the event that an employer wishes to
dismiss a worker, the employer shall provide at least 30
days advance notice. An employer who does not give 30 days
advance notice shall pay the average wages for a period of
not less than 30 days; provided, however, that this shall not
apply in the event that the continuance of the enterprise
has been made impossible by a natural disaster or other
unavoidable reason nor when the worker is dismissed for
cause imputable to the worker.
2. The number of days of notice set forth in the
preceding paragraph may be reduced in the event that the
employer pays the average wage for each day by which the
period is reduced.
3. The provisions of paragraph 2 of the preceding
Article shall apply mutatis mutandis to a case under the
proviso to paragraph 1.
Article 21. The provisions of the preceding article shall
－15－
not apply to any worker falling under any of the following
items; provided, however, that this shall not be the case
with regard to a worker falling under item 1 who has been
employed consecutively for more than one month, a worker
falling under either item 2 or item 3 who has been employed
consecutively for more than the period set forth in each such
item respectively, nor a worker falling under item 4 who has
been employed consecutively for more than 14 days:
(1) Workers who are employed on a daily basis;
(2) Workers who are employed for a fixed period not
longer than 2 months;
(3) Workers who are employed in seasonal work for a fixed
period not longer than 4 months;
(4) Workers in a probationary period.

Now, after a year (not your situation), I believe the law says 2 weeks is sufficient. Just approach him politely and professionally, apologize and try to negotiate. If you have been a good employee, perhaps he will bend.


This much is not gray, so he can't penalize you financially.
(Ban on Predetermined Indemnity)
Article 16. An employer shall not make a contract
which fixes in advance either a sum payable to the employer
for breach of contract or an amount of indemnity for
damages.

[GreenCardigan]

Thanks Glenski.

Good to know that there's a ban on pre-determined indemnity. Not sure if that also thereby excludes the possibility of a post-determined indemnity. (I'd imagine there isn't or there'd be something stated in law.)

Anyway, I'm going to tell the mother effer's to take a hike.

I'm too good for them.

Green Cardigan.