Job Discussion Forums

[Glenski]

[ShioriEigoKyoushi]

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[Appletreesrtall]

[Appletreesrtall]

Okay, so I was referred left and right when I wrote my situation out to the Union. I was left with a phone number to contact the Tokyo Branch...
"please contact Tokyo Nambu General Secretary Yumiko Nakajima at 03-3434-0669 or 090-1267-6070."

I called today, and talked with Yumiko. Well, tried. She didn't have a very firm handle on English, and had me on hold for most of the time. I tried to explain my situation as simply as possible, and asked what is the proper way to quit a contract.. and she said I -cannot quit-.

What in the world? I thought I had to give a month in advance??

Then she tried to get rid of me, saying to go to my prefecture office and repeated again, that I could not quit my contract.

I couldn't even ask about the apartment fine clause in my contract.

I am soo lost. I'm already starting to plan things on me QUITTING, yet now I have someone telling me I can't.... where the hell do I go from here? I know I cannot get the heck out of here soundly unless I give my employer the bare facts of how I am right and she is wrong. I already have my plane ticket bought for home too..... I also don't want my employer fathoming that they can hold my last paycheck against me (its a super-weird system. Pay is received on the last bank day of the month, but it goes from the 16th of last month to the 15th of the current month.). I'd be out of 1 1/2 months pay then! What do I do?!

[GambateBingBangBOOM]

We must be missing something here. A contract that has no leaving clause is not a legal contract- in fact it's possible that companies that make them could be prosecuted under human trafficking laws. Keep in mind you were talking to someone whose grasp of English was shaky, and I'm guessing that person didn't even have a copy of your contract.

Did you mean you want to leave your company, but NOT your housing, although the housing is in the company's name? Did the union person maybe think that that's what you meant? Obviously if the housing is in their name, then you no longer working there means you have to leave, and if they decide to can you before your agreed upon day and evict you, there's nothing you can do about it. So if that was the case, then the union rep may have been saying you cannot quit your contract AND keep your housing at the same time.

Either email the person you talked to (people read a lot more than they can understand aurally), or go to an English speaking lawyer (just google the name of your prefecture or the name of the prefectural capital and English legal services. You should be able to find services. They may even have information about it in your city hall). You can even just take a walk into the local Hello Work (bring your contract) and ask them about it.

If you email the person, giving them a copy of your contract and they say the same thing again, then go to a lawyer.

[Appletreesrtall]

Thanks for the reply Gambate.

I only asked the person about how I should properly quit. I stated there was nothing in my contract on how to quit. After she attempted to summarize my situation, the lady I talked to said I couldn't quit.

I actually didn't even get the chance to bring up my apartment! LOL.

I don't want to stay in the apartment. Once I quit, I am going back home.

I'm afraid to try and consult a lawyer, because quite honestly I have no money for such a thing (unless they do provide free consultation??). I am looking into talking to the LBO, but the woman on the phone warned me that they post likely only speak Japanese. I would definitely need a translator or someone to help me.

I'm a little new to this "Hello Work" thing though; what is this place?

Looking up information in my prefecture/city as we speak....

[GambateBingBangBOOM]

[ShioriEigoKyoushi]

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[GambateBingBangBOOM]

[OneJoelFifty]

To the OP, it seems to me that you are being far too conscientious about this. You know when you want to leave, you've got a plane ticket booked. You've given them notice already, but in a worst-case scenario all you need to do is do the same thing again with a firm end date...and then just get the hell out of there. If it's the (unlawful) charges that the company might automatically deduct from your paycheck that you're worried about, there's really nothing to stop you from deciding that your last cleared paycheck is going to be your last ever, and doing one. Don't bother with the definite notice date. You'll lose out a little from the last few weeks you worked, but won't have the hassle of them trying to force you to pay a huge slice of apartment-related money.

Am I missing something? Are you looking to return to Japan in future and are worried that this could come back to haunt you?

[Appletreesrtall]

It is a little reassuring... still just shooken up that someone said "you cannot quit" and it wasn't my boss, LOL.

Like I said, I have 2 big fears:
1- Trying to hold some of my paycheck for anything related to the apartment leased by the employer.
2- Since my paycheck is analyzed and received at such weird times, anything in regards to not receiving my paycheck (possibly up to 1 1/2 paychecks).

I've read up that the employer "must provide you with all outstanding wages, tax forms and a certificate of employment within seven days of you leaving your job (Article 23)." Let's just hope the jerk actually does. *sigh*

Wrote again to the person in the union that seems to be a native english speaker. He referred me to Yumiko(lady I talked to on the phone), and I explained what SHE told me in hopes that he can take the matter into his own hands. Also looking into the LBO here and seeing if someone can go with me.... *fingers crossed*

Keep y'all posted, in case anyone is interested.

[Appletreesrtall]

To clarify, I have not put in my end-date.

I am letting the employer try and find someone, as we agreed to, to cause less conflict and to try and keep a job for as long as I need to (mainly for the latter part). I originally tried to quit at the end of November, the employer said there was nothing stated in the contract on how to do so, so they offered a "renegotiated contract" (which means bull), but no clear end date.

If I hear that there is no instructor by Feb. 19th, I am putting my month's notice in.

Basically by quitting I am going back into the states with nothing. I really don't have anyone to support me, so I don't want to be screwed out of anything that is rightfully mine. Plus, I don't want any lawyers up my butt. No fun there.

[GambateBingBangBOOM]

[Glenski]

Appletreesrtall,
You are obviously not making yourself clear and/or understanding the Nambu union person.

Furthermore, you don't seem to believe or trust people here when they say that you have an invalid contract, which means you don't have to do anything at this stage. Your contract is completely worthless, and (as I've said earlier) you have given sufficient notice.

You are not "letting" your employer look for a replacement; that's her job!

Give instructions on how to send your final paycheck and leave. Cover your bases by making contact with a union person and/or an LBO person so they can make an attempt to help you out after you leave if your employer tries to withhold your salary or any part of it.

That's all you need to do. Now, pack. You are finished. Stop worrying.

[Appletreesrtall]

Thanks for the info again Gambate. I really appreciate it ^_^

I can see what you're saying about the word "quit". I was trying to use the simplest terms possible, and I was asking how much time I need to give in advance, like 2 weeks or a month, but yes.... there must of been some language miscommunication. I'm just surprised since there was that, she was soo willing to refer me to another person who would know no English. UGH.