Job Discussion Forums

[LingLingQi]

I've made the decision to quit my job, for various reasons it's impossible for me to do this job for a year. How do I go about quitting while ensuring I still get my pay and how much notice do I need to give? In my contract there is a clause that both parties need to give a months notice if they want to end the contract. I don't think I've survive a whole month tbh. I'm assuming if I leave in the middle of the night there must be some kind of consequences, and I'd rather not do that since I am generally really professional and would feel like they are winning that way. I don't know, if anyone could give me some advice and how to go about quitting in a way that protects me and doesnt ruin my chances of living in Japan please help me, this is my first time in Japan, and I'm really unsure of the laws here.. obviously won't leave my name!

p.s. since i've arrived i've heard several times people have had trouble recieving payment from the employer and after working with them for some time it wouldnt be beyond them to do something like that..

[Mr_Monkey]

Contact the General Union branch for the prefecture you live in.

I'd be inclined to give the month's notice and work it - if you have the union on your side and follow your contract to the letter, then they really won't have much option but to pay you.

You might also want to get your contract checked out for illegal clauses which would render the contract invalid.

[Glenski]

If you're in your first year of the contract, a month is pretty standard for either side to give notice.

If you are saying that you can't stand it any longer and can't even give that much notice, then you must have a pretty terrible set of working conditions! As Mr_Monkey said, you should consider contacting the union (or Labor Standards Office) to complain.

As for leaving silently, secretly and suddenly, you can skip out if you like, but I wouldn't expect any employer to feel obligated to pay you in that situation. Would you? Think of the poor students, too.

Just how long have you worked for that employer, and what are the issues here?

[starteacher]

[LingLingQi]

Thanks for the responses, I don�t want to post too much about my issues because I�m a little paranoid about posting that sort of information on a public website but a lot of it is about relationships especially with my boss. My boss is extremely kind one moment, and then goes crazy the next minute, often at incredibly small details. It�s at the stage where it�s incredibly difficult to even bring up small issues and problems which since it�s a small place sometimes need dealing with by them. I also can�t handle the hours (especially the way the schedule is constructed early starts, some days with huge gaps in between classes and really late finishes, others without lunch breaks) travelling and in a few cases my students ( a situation I�ve not been in before) and feel like I�m burning out, I don�t want this job to destroy my love of teaching, usually I�m a teacher who loves to make things and really plan for my students, in half my classes here I�m lucky if I get five minutes to read the content before going in the teach. I�m not really what I signed on for, but on the other hand I don�t think the employer is breaking any rules, they just want to get every last ounce of effort from me which I guess is my own fault for agreeing to the contract in the first place. The students will definitely be fine, and too be honest most of them could use a break if the classes can�t be covered since they all seem as exhausted as me. I sound like a bit of a pansy here, I�ve worked some pretty touch schedules before but this one I�ve definitely realised I can�t handle it. How do I go about my month�s notice if that�s the way I want to go about it? If they don�t pay I realise I have to go to the labour bureau but what information would they need and how long would that process take? I�m not in any sort of financial position where I could afford to lose a month�s worth of wages. Would it be simpler to get myself fired or would that put me in deeper trouble? If I did leave after pay day would there be serious consequences? I�m pretty worried about my boss, since I feel they have the kind of personality that will try to make my life more of a living hell while I work the last month, and I wouldn�t put it past them to try to avoid paying me. It is the first year of employment. The other teachers there look just as tired as I am and from the students I�ve heard there�s a pretty high turnover of teachers. I thought about asking my boss to pay me weekly for the last month if I resign, but I can�t imagine them ever agreeing. If anyone has any ideas of experience please let me know, thanks again for the previous posts.

[PO1]

Just from reading your responses, your job doesn't sound much different than most eikaiwa I've heard about. The school I worked at before had an erratic schedule and I usually had to woof down a lunch on some days while having huge gaps of nothing on other days. I didn't mind it so much. I did a lot of taxi/train/van rides that consumed a lot of time as well. I guess the boss could have a lot more to do with it.

I say if it's just unbearable to the point it's breaking your sanity, then quit. But if it's just uncomfortable and inconvenient then I say stick out the contract, make some money, and then move on to the next school when you're finished. Start looking for other schools now, put out some feelers, and maybe something will come up later.

[starteacher]

I agree with P01. Most eikaiwas are the same, the schedule can be of all sorts, and I hear from friends that are in some eikaiwas that their schedules have become harder because of the tough economy and classes being held in hours from early morning to late evening and weekends too.

If you quit halfway, another employer will wonder if you'd do the same to them. If you quit, I do not know if all employers will ask for references frrom previous employers, but I heard that some do that without your knowing to make sure your resume and details are genuine. Obviosuly you have a visa, so the new employer could be curious as to how you have gotten that.

It isn't getting easier, maybe think of yourself being fortunate to have a job, there are plenty of others looking for the work you may be doing, regardless of your own opinion of it.

But you'd better be careful, if you don't put in the effort, the employer can sack you any time if they want. Some people think they can quit anytime, that is true as it is a free world, but in many cases where I've seen this happen, the employer is usually able to find someone to replace you.

Good luck.

[Glenski]

Why don't you answer my simple question of how long you have already worked there? Could be useful information.

Want to give notice? Give it. It's in your contract that you are allowed it. Then tough it out like a mature professional and look for other work in the meantime. You sound pretty young and inexperienced in the real world (no offense), but you have to learn what it's like out there.

Want to get fired instead? That's your choice. The employer is then obligated to give you the notice or a month's pay in lieu thereof. That's the law. I wouldn't do it, because it would mean a total change in my character to do things to get fired for.

By law you are also obligated to get a Letter of Release from the employer. That can state simply that you worked there and fulfilled the contract or it can provide a reference. Your choice which you want. The LOR is used when you renew your visa with a different employer.

Getting your money for the last paycheck is (again by law) obligated to be in your hands within 7 days. If you find you are not paid that, just tell the labor standards board your situation. If they choose to call, that's their option, and it has often been enough to get satisfaction. No guarantees, though.

[southofreality]

This kind of boss is not rare in Japan. Others have pulled through with likely worse bosses.

Whatever...

Don't walk off the job. If a month is all you can give, give your notice and after you get your final paycheck, tell your boss exactly why you quit. Diplomatically, of course.

You're more likely to help out the next teacher that way than basically giving the finger by bailing out without warning.

[rxk22]

[Mr_Monkey]

Yes.

[my_way]

If the situation was totally unbearable I would just quit.....after payday! 1 month of hell is not worth it. Either way, the relief you will feel after quitting will be....well.....ahhhhhh!!
I have worked for several eikaiwa and never had big gaps in my schedule or extremely long working hours.....but I have had a horrible boss who knew absolutely zero about teaching. This, in my opinion, is the main problem with these schools. They think you just go in and talk.....we all know that is not true!
Do yourself a favor and quit asap.

[fujisan]

[fujisan]

[Glenski]

According to Labour Standards Law, you are obligated to get it if you ask,

(Certificate when Retirement)
Article 22. When a worker on the occasion of
retirement requests a certificate stating the period of
employment, the kind of occupation, the position in the
enterprise, the wages or the reason for retirement (if the
reason for retirement is dismissal, including its reason), the
employer shall issue one without delay.
2. The employer shall, where a worker has, in the
period between being given the advance notice in Article 20,
paragraph 1 and the day of retirement, requested a
certificate in relation to the reason for the said dismissal,
issue the certificate without delay; provided, however,
where the worker retires after the day of the advance notice
on grounds other than those for the said dismissal, it is not
necessary, after the said day of retirement, for the employer
to issue the certificate.
3. The employer shall not include in the certificate set
forth in the preceding 2 paragraphs any matter that the
worker does not request.
4. An employer shall not, in a premeditated plan with
a third party and with the intent to impede the employment
of a worker, send any communication concerning the
nationality, creed, and social status or union activities of the
worker or include any secret sign in the certificates set forth
in paragraphs 1 and 2.
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf

...but obviously what happens in practice may vary at different immigration offices.