Job Discussion Forums

[1791]

Does anyone have any personal experience with quitting ECC before the contract has expired? More specifically, has anyone tried to ask that their last day be the last day of summer vacation so that the company paid vacation pay? I also have some flex-days that I'd like to put at the beginning of the vacation.

It seems like an obvious money grab, but I'm wondering if the company has to accept what I request to be as my last day of employment. Or once they know I'm quitting, will they have the right to determine the last day? Wouldn't that be akin to a dismissal?

Thanks
Susan

[Timuli]

Haven't had any experience with ECC itself, but I'd say READ YOUR CONTRACT. What does it say about termination of employment before the expiry of the contract period? Do you have to give notice? Must the notice be in writting? How long before you intend to leave must notice be given. Your answer should be there somewhere.

[JimDunlop2]

I don't work for ECC, but the experience with my previous employer has allowed me to get to know Japanese labour law fairly well -- well enough to hopefully answer your concerns.

I'll answer this question in 2 parts. First, at the risk of being offensive, let me just point out, that if I understood correctly from your post, what you are trying to do is, get something out of the company you work for because you feel they "owe it to you" but the company wouldn't likely give it up...

In other words, many people would like nothing more than to "stick it to the man" but want to make sure that if the company tries to retaliate, their rights are protected by the law. (Unless I misunderstood your post). I understand the sentiment, really I do... But just be aware that ECC, as a business will try to protect its capital against this kind of chicanery.

Part 2: Here's the scoop. After working 6 months for a company (F/T) in Japan, you are entitled to 10 personal days which you can take flexibly in part or consecutively. However, Japanese labour law also gives companies leeway in re-scheduling holidays to a time which better suits the needs and requirements of the company. In other words, if you request holidays somewhere around summer break, chances are you will be refused.... I somehow doubt you are the first person to have considered doing what you suggested.

Anyway, the next consideration is giving notice. One way or another, unless your contract ends on the last day of summer, you will be breaking contract -- whether you give lots or little notice. Then, any notice you give, the company will then definitely disallow any holiday time (or try their best to stop you from having it). So if ECC has any kind of completion bonus, you can definitely kiss it goodbye.

If/when they find out you are quitting, it's unlikely they would dismiss you. From a financial standpoint it doesn't make much sense -- for a simple reason -- they must give you 30 days notice, or, if dismissal is immediate, they must pay you out those 30 days.

To summarize, the company will accept any day you give them (as your last) but a) expect that they will not honor any holiday requests) b) don't expect any completion bonus; c) they will likely try to not pay you for your summer holidays.

Now, all things aside, also consider how much you lose by skipping out on a company. I am neither condemning nor condoning it, I just want to clarify the financial aspect (since this was an issue with my last employer and one of our employees)....

Assume: most companies pay in arrears -- i.e. for work you have already done. So, If you started April 1st, your 1st paycheque will be sometime in May -- in Japan that is usually the last business day ending in '5' -- so the 25th of May in this case. They will also pay you for 1 month -- i.e. from the 1st to the 30th...

Assume you leave at the end of the month, or on a payday. In this example let's assume payday (the 25th).

Also assuming: standard eikaiwa salary of ￥250,000 (will vary) and common completion bonus (￥50,000).

Legalities aside, if you assume that the company knows you are unlikely to fight them on this, they will try to short you or not pay your last paycheuque.

If this is the case, you stand to lose 15 or so days of pay, plus your completion bonus. So the total might be anywhere around ￥280,000 give or take. That amounts to about $2600USD... For me, that would be a lot of cash to make up.... So just consider that too.

Even if everything else goes as planned and they follow the law and pay you what is due, the minimum you will be out may be $500USD, which, if at all possible I would try to keep in my pocket.....

Anyway, whatever you decide, I hope this clarifies things a little. If you have any questions about labour laws, your rights, etc... the General Union is a good place to start... I can't find a link right now, but I know we have our share of GU members running around this forum who will be glad to point you in the right direction. Just remember, that what you are entitled to, and what you CAN/SHOULD get is often far removed from the reality of what you may end up with, unless you are ready for a LONG, HARD fight -- and honestly, very few foreign workers in Japan are.

JD

[joncharles]

Maybe similar to Nova. When I left Nova after my third contract I had accumulated 22 Paid Holidays. I gave my thirty days notice and was immediately told I had to use my holidays before the last day of the contract.

[bearcat]

With ECC, if you have flex days carried over from the previous year, those can be "cashed out" or used to affix around the time you leave for making sure you get a full month's salary.

If you are speaking of this years flex days, then you pretty much can kiss them goodbye if you do it that way. However, how you approach ECC and how much notice you give them of your resignation can effect their being amiable to you. If they have current teachers that are overflow and floaters(sub schedule teachers) then it may be easy to fill your shoes with one of them and then simply hire someone at their leisure. etc etc etc.

Your contract makes it clear how many weeks/days notice you are required to give, and as well what you are entitled to.

IMO work with them about your leaving if you currently have a good rapport with them. ECC isn't like Nova.

[Li-ka]

I'm starting with ECC in August... right after the holidays. They know from my interview that I'm only planning on staying for 1 year. Even though the contract runs till April, I'll have to sign one ending in April and then another in April for an extra year. From what I gathered at the hiring session, they seem ok with people leaving before the contract expires as long as you give them at least two months notice (athough they had a one year requirement... but I don't know how many people honor that.)

That said, I have yet to see the contract. I agree with the others that you sould look it up.

Good luck!

[GaGaBooBoo]

1791...I know the score. I know because I work at the joint and another person tried to do the same thing last year (that being quit before obon AND get paid for the obon vacation-if I understand you correctly). Anyway, they told her that if she wanted to quit AND get paid for obon she would have to work until September 15th. Hope it helps!

[Don't get Ripped Off]

If you're planning to go home for Obon, then I would call the company from home and tell them that there was a family emergency during the holidays. (Feel free to be creative here) And then tell them that you are unable to finish your contract.

[Li-ka]

No, wait... stay! Stay till AFTER obon so I can replace you!!

I got an email form the recruiter last week about possibly going in the beginning of July IF they opened a training date. I said I'd prefer to wait till The middle of August 'cause I have to work for my current employer till the end of July. Then two days ago they emailed me again saying that they're just seeing "movement" for positions starting late August and onwards and that they won't start my visa app until up to four weeks from now when they have the positions all figured out! Now I'm worried that my paperwork might not get done on time

But anyways, if you haven't given your notice, please do so soon, so I can come!