Job Discussion Forums

Sutherland · Joined: 24 Feb 2010 Posts: 19

So I want to leave my school, do it the right way, get my letter of release. My contract (I am an idiot for signing it) stipulates 3 MONTHS notice. EEEEEE! A job became available at my friend's place, I might be able to hold them out until September. Is it doable? Do I NEED the letter of release, or does the fact that I hold the Visa do it for me? Can I put my foot down?

And this 3 months notice, it doesn't work both ways around, does it? If he finds someone to replace me in a week I'm out, right? Like if I give 3 months notice I shouldn't be looking for jobs for in 3 months because I might be out in a month, right? Any help would be appreciated.

genesis315 · Joined: 30 Mar 2010 Posts: 116 Location: Japan

they must of seen you coming about 10 miles out to get a something like that in the contract! A nice quarter year notice so they can start looking for a replacement....nice!

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

Employers only have to give 30 days' notice or pay in lieu thereof.

That's why it is ridiculous for them to put 3 times that length into the contract for employees. In this day and age, they can find a replacement just by opening a window.

If you give a month or 6 weeks' notice, they might knuckle under. Or they might try bullying you with scare tactics of financial penalties (illegal).

The law is vague on this matter in the first year of a contract, I believe. There is nothing really illegal about them asking you for 3 months' notice. After a year is gone, you can legally give only 2 weeks' notice. Since you are not at that point and have a valid visa, try to be as amiable as possible to be let off the hook.

I know plenty of people who would just say "Aw, screw them and just leave!" especially if you are in a bad situation (as I suspect). They will likely not pursue you to get compensation, but you have to think about how this will affect your current housing (need a new one?), what it will look like on a resume (if you put it there), and what happens at visa renewal time (the time when you truly need the letter of release, and they are obligated by law to give it to you upon request without delay).

starteacher · Joined: 25 Feb 2009 Posts: 237

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

http://www.nic-nagoya.or.jp/en/canyouhelpme/ending_employment.htm
It refers to a Civil Code, which I think is available only in Japanese. I don't have a link to that, but I have seen it cited earlier on this and other forums.

The rest of the info posted there is stripped from the labor laws. Good review, but don't mind the stern face of the guy on that page.

starteacher · Joined: 25 Feb 2009 Posts: 237