|
Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
matador
Joined: 07 Mar 2003
Posts: 281
|
 Posted: Sun Mar 13, 2005 12:21 am Post subject: Best excuses for quitting your teaching job...? |
 |
|
| Okay, I heard of one where this guys grandfather had died like 4 times or something and other ones as well. Which ones get the most sympathy from Japanese bosses... not that people would ever stretch the truth, of course... If you do a runner and break a contract do these guys come after you with lawyers or anything? |
|
| Back to top |
|
 |
azarashi sushi
Joined: 23 Jan 2003
Posts: 562
Location: Shinjuku
|
| Posted: Sun Mar 13, 2005 12:34 am Post subject: |
|
|
Oops! Double post!
Last edited by azarashi sushi on Mon Mar 14, 2005 4:43 am; edited 1 time in total |
|
| Back to top |
|
|
azarashi sushi
Joined: 23 Jan 2003
Posts: 562
Location: Shinjuku
|
| Posted: Sun Mar 13, 2005 12:37 am Post subject: |
|
|
If you're planning to do a runner, the situation must be really bad. Why don't you just tell the manager/owner what the problem is?
Are they the sponsor of your visa? If they are, remember that when/if you want to renew your visa, you will need a letter of release from them. So, it's better to leave on good terms. |
|
| Back to top |
|
|
Mike L.
Joined: 28 Feb 2003
Posts: 519
|
| Posted: Sun Mar 13, 2005 3:22 pm Post subject: |
|
|
Half the family has some sort of terminal illness, the other half pregnant!
That should do it!  |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Sun Mar 13, 2005 4:45 pm Post subject: Re: Best excuses for quitting your teaching job...? |
|
|
| matador wrote: |
| Okay, I heard of one where this guys grandfather had died like 4 times or something and other ones as well. Which ones get the most sympathy from Japanese bosses... not that people would ever stretch the truth, of course... If you do a runner and break a contract do these guys come after you with lawyers or anything? |
IF you do a runner they will likely withhold some salary 'forget' to pay you a bonus, not to mention leave your students in the lurch while they hunt around for a replacement. Its really not worth it to set lawyers onto you, but you will just make things harder for people coming after you.
I really cant see how some relative being pregnant would be a good excuse to disappear from work, unless you are the father and you are asking for leave. Being pregnant is not a sickness and many women in Japan work up until their 8th or 9th month of pregnancy (term is 10 months in Japan). |
|
| Back to top |
|
|
King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
|
| Posted: Mon Mar 14, 2005 3:23 am Post subject: |
|
|
obviously you have not written what is the problem! I do feel for you, most companies in Japan are great, but a few are terrible to work for!!! 
I worked for one of the worst, but now I work for one of the best. Nothing like extremes 
Anyway, if you do run, Paul is right, the company will not pay what they owe you. However, if you can endour three more weeks, give them three weeks notice and call the labour board, they will have to pay you in full on the last day you work there. And if you want to work in Japan next year make sure to get the letter of release.
Good luck! |
|
| Back to top |
|
|
matador
Joined: 07 Mar 2003
Posts: 281
|
| Posted: Mon Mar 14, 2005 3:36 am Post subject: |
|
|
What is the LEGAL period of notice in Japan? My contract says 2 or 3 months depending upon how 'easily' the school can find someone.... they say that students are not 'comfortable' when teachers leave and might quit. If I signed a contract that is illegal...they didnt give me sick pay for my first 6 months...is it still binding.?  |
|
| Back to top |
|
|
King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
|
| Posted: Mon Mar 14, 2005 4:40 am Post subject: |
|
|
| matador wrote: |
| What is the LEGAL period of notice in Japan? My contract says 2 or 3 months depending upon how 'easily' the school can find someone.... they say that students are not 'comfortable' when teachers leave and might quit. If I signed a contract that is illegal...they didnt give me sick pay for my first 6 months...is it still binding.? |
Ok! If you read my thread: Working in Japan without a contract? Don't let this happen to you!"
you will know that I had to do all kinds of research and delt with the Labour board. A colleage quit USCOM, a very corrupt company, after me and her Japanese boyfriend did intense research.
This is what we found out in relation to you.
A company has to give you a certain amount of sick days. I forget how many, my present company is very generous. I know about having to give a certain amount of sick leave because my colleague was able to give three weeks notice, and took the last week off as sick leave. So in reality she only gave two weeks notice and was paid on her last working day.
Legal notice in Japan is 3 weeks regardless of what is on the contract. Call the labour board and get them involved. Once you quit getting a company to pay you is almost impossible so make sure they pay you on your last working day. |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Mon Mar 14, 2005 9:32 am Post subject: |
|
|
[quote="King Kong Bundy
Legal notice in Japan is 3 weeks regardless of what is on the contract. Call the labour board and get them involved. Once you quit getting a company to pay you is almost impossible so make sure they pay you on your last working day.[/quote]
Question: I'm teaching English under a one-year contract. The contract states that I must give my employer three months' notice before quitting.
Is there a law on this in Japan?
Answer: The Labor Standard Law (Rodo Kijun-ho) does not specify any notification period. The Civil Law (Mim-po), however, stipulates that you must give your employer two week's notice of your intention to resign if your contract has been fixed without a specified period (Article 627, Civil Law).
Since your contract specifies the term of service, you are subject to the contract unless there are special "unavoidable reasons" (Article 628, Civil Law). You might encounter legal problems if you quit without giving your employer three months' advance notice. Violation of the contract by your employer or circumstances that have arisen which are beyond your control are sufficient justification for you to cancel the contract. If you fail to give three months' advance notice and quit without good reason, your employer may claim damages from you for breach of contract. Contract negotiations should include the notification period, which employers tend to make long because of the cost of recruiting foreigners and the difficulty of filling vacancies. However, the notification period should not be longer than is necessary, as this puts constrains on the employee. You should discuss the notification period with your employer before signing the contract.
(Request for Cancellation)
Civil Law Article 627.
(1) When the parties have concluded a contract without a specified period of employment, either party is entitled to request that the other party cancel the contract at any time. In this case, employment will be terminated two weeks after either party has requested cancellation of the contract by the other party.
(2) When the contract specifies the period of employment and wages, either party is entitled to request that the other party cancel the contract for the second and later terms, provided, however, that such a request is made in the former half of the current term.
(3) When the contract specifies a period of employment of six months or more and wages, the party wishing to cancel the contract shall request the other party to do so three months in advance.
In other words, you are obliged to give the notice stated on your contract if you have a fixed term, or two weeks if you dont have a fixed term. Normally if you are in the second year of a one year renewed contract you can give a minimum two weeks notice.
The Labor Standards Law also says you must be paid your salary in full within seven days of your last day of work. |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Mon Mar 14, 2005 9:36 am Post subject: |
|
|
| King Kong Bundy wrote: |
| A company has to give you a certain amount of sick days. I forget how many, my present company is very generous. I know about having to give a certain amount of sick leave because my colleague was able to give three weeks notice, and took the last week off as sick leave. So in reality she only gave two weeks notice and was paid on her last working day.. |
What are the laws about sick days, days off, and national holidays in Japan?
Regarding sick days and national holidays there is no law (though having national holidays off is the norm), and you must have at least one day off per week (Article 35).
Your company is required by law to offer you a set number of flexible holidays based on the number of years service (days to be used at your discretion). Part timers are also covered by this law and their paid holidays are based on the number of days worked per week and the length of service (Article 39). The paid holidays owed to you by your company are separate from the set holidays offered by the company (Obon, New Years). In most cases, days set by the company cannot be subtracted from your own personal holidays but there are exceptions (look at the section on workers' representative). |
|
| Back to top |
|
|
Iwantmyrightsnow
Joined: 12 Feb 2004
Posts: 202
|
| Posted: Mon Mar 14, 2005 1:40 pm Post subject: |
|
|
| matador wrote: |
| What is the LEGAL period of notice in Japan? My contract says 2 or 3 months depending upon how 'easily' the school can find someone.... they say that students are not 'comfortable' when teachers leave and might quit. If I signed a contract that is illegal...they didnt give me sick pay for my first 6 months...is it still binding.? |
This is grey area....Paul quotes civil law and is correct to a certain extent. Basically after at least one contract renewal courts find in favour of just 2 weeks notice.
BUT I have heard the General Union usually gives advice that first year teachers should follow the notice period in the contract. This is because they open themselves up to being sued for not doing so. The chances of being successfully sued are small but do you want to take the chance???? Join a union and have them around to ask what is fact and fiction about this kind of thing.
And as said by others, they cannot LEGALLY deduct money for for quitiing early but again it does happen at many schools. Do you want to have to try and get your money back? It is not a quick process. |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Mon Mar 14, 2005 2:35 pm Post subject: |
|
|
[quote="King Kong Bundy]
Legal notice in Japan is 3 weeks regardless of what is on the contract. Call the labour board and get them involved. Once you quit getting a company to pay you is almost impossible so make sure they pay you on your last working day.[/quote]
Question: I'm teaching English under a one-year contract. The contract states that I must give my employer three months' notice before quitting.
Is there a law on this in Japan?
Answer: The Labor Standard Law (Rodo Kijun-ho) does not specify any notification period. The Civil Law (Mim-po), however, stipulates that you must give your employer two week's notice of your intention to resign if your contract has been fixed without a specified period (Article 627, Civil Law).
Since your contract specifies the term of service, you are subject to the contract unless there are special "unavoidable reasons" (Article 628, Civil Law). You might encounter legal problems if you quit without giving your employer three months' advance notice. Violation of the contract by your employer or circumstances that have arisen which are beyond your control are sufficient justification for you to cancel the contract. If you fail to give three months' advance notice and quit without good reason, your employer may claim damages from you for breach of contract. Contract negotiations should include the notification period, which employers tend to make long because of the cost of recruiting foreigners and the difficulty of filling vacancies. However, the notification period should not be longer than is necessary, as this puts constrains on the employee. You should discuss the notification period with your employer before signing the contract.
(Request for Cancellation)
Civil Law Article 627.
(1) When the parties have concluded a contract without a specified period of employment, either party is entitled to request that the other party cancel the contract at any time. In this case, employment will be terminated two weeks after either party has requested cancellation of the contract by the other party.
(2) When the contract specifies the period of employment and wages, either party is entitled to request that the other party cancel the contract for the second and later terms, provided, however, that such a request is made in the former half of the current term.
(3) When the contract specifies a period of employment of six months or more and wages, the party wishing to cancel the contract shall request the other party to do so three months in advance.
In other words, you are obliged to give the notice stated on your contract if you have a fixed term, or two weeks if you dont have a fixed term. Normally if you are in the second year of a one year renewed contract you can give a minimum two weeks notice.
The Labor Standards Law also says you must be paid your salary in full within seven days of your last day of work. |
|
| Back to top |
|
|
King Kong Bundy
Joined: 04 Oct 2004
Posts: 76
|
| Posted: Tue Mar 15, 2005 12:33 am Post subject: |
|
|
| PAULH wrote: |
| The Labor Standards Law also says you must be paid your salary in full within seven days of your last day of work. |
Are you sure? Because I am sure the labour board in Saitama forced USCOM to pay my colleague on her last day. This is what she told me on the phone so I am not completely sure. I wasn't there.
Either way the OP should do a lot of research and the advice of seeking a union should be considered.
After my exprience with dealing with the labour board, I have come to the belief that Japan doesn't enforce labor laws. Now I don't pretend to know if they would enforce labor laws when it is a company against a worker.
Either way good luck and be careful. |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Thu Apr 07, 2005 1:59 am Post subject: |
|
|
| King Kong Bundy wrote: |
| PAULH wrote: |
| The Labor Standards Law also says you must be paid your salary in full within seven days of your last day of work. |
Are you sure? Because I am sure the labour board in Saitama forced USCOM to pay my colleague on her last day. This is what she told me on the phone so I am not completely sure. I wasn't there.
Either way the OP should do a lot of research and the advice of seeking a union should be considered.
After my exprience with dealing with the labour board, I have come to the belief that Japan doesn't enforce labor laws. Now I don't pretend to know if they would enforce labor laws when it is a company against a worker.
Either way good luck and be careful. |
Last week my boss fired me and told me to leave. He said he would pay the 30 days' dismissal allowance. Today he called me and ordered me back to work from tomorrow for the remainder of the 30-day period. He said I'm still an employee, and that I must obey him. Is he right?
No. If he wants you back to work, he must withdraw the firing completely. The employer-employee relationship ended on the day he fired you; the 30-day dismissal allowance is not a month's salary, it is an allowance which must be paid within 7 days of the firing (Article 23). The only problem here is proving that he really told you not to come to work again. He may claim later that he simply gave you 30 days' notice of dismissal. If you have documentary evidence, or a tape-recording, you will almost certainly win your case through the Labour Standards Office or in a Small Claims case at court.
I want to quit my job before the end of my contract and now my employer won't pay me this month's wages. He also wants me to pay a fine of one month's salary. Is this allowed?
No. Your employer cannot set a predetermined fine for quitting during your contract (Article 16). Furthermore your 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).
If this happens, it is very easy to retrieve both the fine and the back wages using union's expertise and the Labour Standards Office.
If you do quit your job without the proper notice you are liable for damages, but the company must actually prove business damage in a civil court for you to have to pay any damages regarding your quitting. We have never actually seen a language company sue an employee for quitting a contract without proper notice.
| King Kong Bundy wrote: |
After my exprience with dealing with the labour board, I have come to the belief that Japan doesn't enforce labor laws. Now I don't pretend to know if they would enforce labor laws when it is a company against a worker.
Either way good luck and be careful. |
Japan is a country. It cant enforce laws. Unions and courts do. If you have a problem you join a union and you get the union to negotiate on your behalf with an employer, or take the employer to court. Do neither and you dont have a leg to stand on.
I will agree that often the Japanese courts will rule on the side of the employer or the establishment. that really depends on how well you put your case to the judge, how strong your argument is. Foreign employees can and do win in Japanese courts.
Do you belong to a labor union and have you ever taken your employer/USCOM to court, and if not, why not? |
|
| Back to top |
|
|
PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
|
| Posted: Thu Apr 07, 2005 2:05 am Post subject: |
|
|
| King Kong Bundy wrote: |
Either way the OP should do a lot of research and the advice of seeking a union should be considered.
l. |
I have said this before and I will say it again: the Osaka General Union is not a free legal service for disgruntled employees. It works in the interests of its members against employers who break the relevant labor laws. Union members form branches who negotiate with the member to redress labor problems.
You can seek helpful advice from the union, but they will simply steer you to what the Labor Law on the Internet says, and unless you actually sign up with the union as a paid-up financial member the union will do diddly squat for you. Keep that in mind before bothering the General Union with your problems. God helps those who help themselves. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
