Job Discussion Forums

JaneMansfield · Joined: 26 Apr 2011 Posts: 16 Location: United Kingdom

okay so let's say my friend.. wants to quit berlitz for another job and it's not been 3 months yet.

how much notice does she have to give legally? let's say the other job starts in less than a month.

and what about repercussions? do you quit and leave, no money for the hours she worked?

what about protocol, does she just wander into the office and say i'd like to leave?

thanks in advance for her!

seklarwia · Posted: Tue Nov 01, 2011 9:20 pm Post subject:

Employers are legally obliged to give you one month's notice (of pay in lieu of) if they want to fire you, so you are supposed to give a months notice if you want to quit.

But regardless, they should not be witholding any pay that is owed you. They should pay you all outstanding salary within 7 days of your last day. Of course if it hasn't been 3 months yet and you have a Leopalace type of housing agreement, then you could be liable for a penalty fee for breaking the contract early, have to pay rent in lieu of the month's notice you are supposed to give if you want to move out and any legit cleaning/repair fees, all of which the employer might deduct from your final pay.

And you should give written notice clearly highlighting today's date and the last date you will work both of which should be written in full, not short number forms. Ideally you should print 2 identical copies of the notice letter and show them both to your employer, make sure they clearly understand the intent and the dates then get them to sign both copies to say that they have read, understood and acknowledge the notice. You give one copy to them and keep one copy for yourself just in case the employer starts claiming at a later date that you didn't give official notice or the date you were leaving wasn't clear. DO NOT GIVE VERBAL NOTICE OR VERBALLY AGREE TO ANYTHING THAT THE EMPLOYERMIGHT ASK OF YOU AFTERWARDS. AVOID VERBAL DISCUSSIONS OF ANY DETAILS OF YOUR QUITTING. If you want to find out anything about procedures for moving out, getting your letter of release, etc, I advise you to do it via email/letter and get responses in the same form so that you have written proof should your employer try to change what was agreed or cheat you.

By the way, why is your friend quitting so quickly? Is the other job that much better?

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

I believe that this is a gray area for legal debate. If I recall right, civil code says in the first year, you must give the notice set forth in the contract. Nothing more concrete than that. After a year. 2 weeks is enough. (Sorry, I do not have a link to this.)

seklarwia · Posted: Tue Nov 01, 2011 10:37 pm Post subject:

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

In that case, I agree 100%. Get as much as possible in writing.

I've heard that verbal agreements hold up in court, but who wants to let it go that far, let alone have to deal with "he said, she misunderstood and said" sort of stuff?