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LITTLE PEACHES
Joined: 25 Jun 2009
Posts: 94
Location: ORANGE COUNTY, CA & TAMA, TOKYO, JAPAN
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 Posted: Thu May 13, 2010 9:54 am Post subject: leaving early labor laws |
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| I'm leaving my job early and I want to have the laws written on my resignation letter so they don't try to play games. I'm giving them 45 days notice because of a family emergency. I found the regular laws but couldn't find the resignation rules. If someone could point me the right direction I would greatly appreciate it! |
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GambateBingBangBOOM
Joined: 04 Nov 2003
Posts: 2021
Location: Japan
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| Posted: Thu May 13, 2010 10:24 am Post subject: |
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| this NAMBU web site link wrote: |
Firing, Quitting, and Contract Non-Renewal
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.
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If your contract doesn't have a leaving clause, then it isn't a legal contract. If it does, then you can just quote the article in your contract. |
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wayne432
Joined: 05 Jun 2008
Posts: 255
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| Posted: Thu May 13, 2010 12:00 pm Post subject: |
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If you're leaving almost as soon as you quit and they know this, then it's possible that they might withhold some amount of money on grounds of some made-up penalty. If you leave right after, then they know that you won't follow up on them (most likely), because it's not worth it.
Of course, that's only if they're a shady or desperate company. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Thu May 13, 2010 12:42 pm Post subject: Re: leaving early labor laws |
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| LITTLE PEACHES wrote: |
| I'm giving them 45 days notice because of a family emergency. |
That much notice for an emergency?
If you don't plan to come back, just go. They are not going to chase after you. If they try to withhold your pay or fine you, that's another thing.
How about telling us how long you have worked there and what the contract says? |
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LITTLE PEACHES
Joined: 25 Jun 2009
Posts: 94
Location: ORANGE COUNTY, CA & TAMA, TOKYO, JAPAN
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| Posted: Fri May 14, 2010 11:33 am Post subject: |
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I knew I wasn't providing enough information, just didn't know what else I needed! Thanks so far!!
I'm leaving to care for my elderly father. He currently has a care giver that lives with us full time. He has started walking on his own without his walker because of therapy and the great caregiver, which is wonderful, but insurance now says they will not pay for a care giver because he will not need one. So my family is asking me to come home to care for him. So it's a family situation not neccessarily an emergency.
I have worked here since last August and the contract is complete July 30. I am leaving only a month early. My contract says 45 days for leaving, and I gave them 46 today, but also had a meeting them telling them two weeks ago about my situation, it was put in writting today. My apartment I have read that Japanese law states 30 days. I will leave on the 30th, my last work day of the week will be on June 28, because I am off the 29th and 30th.
They will check my apartment for damages and such during these days which is fine for me. I am going to ask for a date, but when should I expect my last paycheck? I am comfortable in leaving my bank card with one of my coworkers to send me my money. |
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