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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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 Posted: Mon May 09, 2005 11:51 am Post subject: my time is up... |
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Although I have enjoyed my stay here, I have decided to leave before the end of my contract.
I am a little concerned about giving in my notice as I will not be giving them the 3 months they request as per my contract.
I don't want to screw them over either because the staff is nice for the most part and I don't want to leave my students high and dry. I have thought this through and simply cannot stay here any longer.
What should I do?
1. Should I give my notice now even though it is less than 7 weeks away?
2. Should I wait and invent some sort of family crisis at the last minute?
I am worried that they might not pay me or withhold my last month of pay, can they do that?
My contract only says that I will not get my bonus or my flight home paid for but it doesn't say anything about withholding any pay?
Someone told me that other scools will withhold your last month's pay...
Any input would be helpful.
Thank you. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon May 09, 2005 12:18 pm Post subject: Re: my time is up... |
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| worlddiva wrote: |
A1. Should I give my notice now even though it is less than 7 weeks away?
2. Should I wait and invent some sort of family crisis at the last minute?
I am worried that they might not pay me or withhold my last month of pay, can they do that?
My contract only says that I will not get my bonus or my flight home paid for but it doesn't say anything about withholding any pay?
Someone told me that other scools will withhold your last month's pay...
Any input would be helpful.
Thank you. |
If they ask for 3 months notice thats what you give them. If you are in your second year all you have to give them legally is 2 weeks notice, and one month if you are in your first year of employment.
They can not withhold pay by law and under the labor standards law must pay you in full within seven days of leaving your company. Withholding pay is illegal in Japan. They can substract outstanding expenses, loans, utility bills to company apartment but not punish you if you give adequate notice.
Seven weeks for notice is plenty, the sooner the better IMO. |
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 12:28 pm Post subject: |
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Thanks Paul.
I was originally going to give them 3 months but flights in July are double the price that's why I'm leaving earlier.
I am in my first year of employment, even though my contract asks for 3 months does the law of 1 months notice, that you stated supercede that? |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon May 09, 2005 12:46 pm Post subject: |
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| worlddiva wrote: |
Thanks Paul.
I was originally going to give them 3 months but flights in July are double the price that's why I'm leaving earlier.
I am in my first year of employment, even though my contract asks for 3 months does the law of 1 months notice, that you stated supercede that? |
Just so you know, no English teacher inJapan has successfully been sued or forced to pay compensation for quitting a contract early or giving insufficient notice
From the EFL-law website:
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.
Such constraints means making a future employer wait out three months while you serve notice- most employers wont hold a job open that long.
If you are going home there should be no problems in that regard.
From the General Union website
http://www.generalunion.org
I want to quit my job. How much notice do I have to give?
This question is not covered under the Labour Standards Law but is based on precedents set in civil courts. It all depends on whether you have a limited or an unlimited term contract, and if you have a limited term contract what contract year you are in.
Unlimited Term Contract --- two weeks notice is sufficient.
First year of a one year contract --- you can quit at either the end of the contract or quit by following the procedures laid out in the contract for quitting.
If you don't follow these rules your company has a theoretical claim against you but can only act on this by using civil court procedures.
Second year (plus) of a renewed one year contract --- two weeks notice is sufficient. |
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 12:52 pm Post subject: |
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Thanks. It's good to know nobody has actually been sued successfully.
Just out of curiosity, if they find a replacement for me prior to my stated date of resignation can they force me to leave earlier??
The reason I ask is that I have already bought my ticket home for a specific date and if they ask me to leave before then i don't know what I'll do.... |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon May 09, 2005 12:59 pm Post subject: |
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| worlddiva wrote: |
Thanks. It's good to know nobody has actually been sued successfully.
Just out of curiosity, if they find a replacement for me prior to my stated date of resignation can they force me to leave earlier??
The reason I ask is that I have already bought my ticket home for a specific date and if they ask me to leave before then i don't know what I'll do.... |
You are still working for them up until the day you have said you would leave. If they force you to leave it means you are being unfairly dismissed, fired, for want of a better term. If they do that they have to give you thirty days notice or one months pay in lieu of pay.
You leaving your job early is not sufficient reason to throw you overboard as you have done nothing wrong, and you have technical and legal grounds for suing for compensation from them.
They won't fire you as it will hit them where it hurts- the bottom line. They will simply wait out your remaining time, let you go peacefully and keep the new boy busy with other things. No one is indispensable in this industry and the staff will miss you for a couple of hours after you have gone.
PS I have never done this myself and it takes a bit of gumption but if you have a final day of work, and they try to shove you out two weeks earlier than that, refuse to sign anything they offer you, keep coming to work as usual, even if it means sitting by a window all day. They can not kick you out as long as you continue coming into work and refuse to accept a resignation. I doubt it will go that far but the moral of the story if know your rights and dont take any sh-t from anybody who tries to pull one over you.
Last edited by PAULH on Mon May 09, 2005 1:05 pm; edited 1 time in total |
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 1:05 pm Post subject: |
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Ha!Ha! a couple of hours....that's pretty funny Paul, pretty funny 
I'm just hoping that they're not going to treat me differently until I leave. I'm expecting 1 or 2 of them might act like they never knew me, I just hope it's tolerable until I leave. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon May 09, 2005 1:13 pm Post subject: |
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| worlddiva wrote: |
Ha!Ha! a couple of hours....that's pretty funny Paul, pretty funny
I'm just hoping that they're not going to treat me differently until I leave. I'm expecting 1 or 2 of them might act like they never knew me, I just hope it's tolerable until I leave. |
Diva, depending on where you work, they must see dozens if not hundreds of foreigners go through every year. The Japanese staff put up a wall between themsleves and the foriegn teachers becuase they have become friends with teachers and then they suddenly up and disappear after 3 or 4 months.
Dont flatter yourself that you really mean anything to these people. they are civil and polite and friendly, but they are not your friends, They are co-workers. i have left dozens of jobs over the years and met many great people, and then never seen them again when i leave, but you and I are just two more in a long of people swinging through the revolving doors of these language schools and education institutions. From your post it sounds like you have only been there a few months and quite new. You have not even begin to scratch the surface of actually getting to know them in that time, and you will be quickly forgotten about once you are out of sight. Dont take it personally, thats just the nature of the business. |
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Gordon
Joined: 28 Jan 2003
Posts: 5309
Location: Japan
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| Posted: Mon May 09, 2005 1:23 pm Post subject: |
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| worlddiva wrote: |
Ha!Ha! a couple of hours....that's pretty funny Paul, pretty funny
I'm just hoping that they're not going to treat me differently until I leave. I'm expecting 1 or 2 of them might act like they never knew me, I just hope it's tolerable until I leave. |
Yes, they will treat you differently, but that is the chance you take when you quite early. Don't take it personally, that's life. Think about the positives.
If you don't mind me asking, what has made you leave your job early? |
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 1:32 pm Post subject: |
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I figured as much. I never assumed these people were my friends, don't get me wrong. And, you're right, there have been many like me and there will be many more.
I must say that the fact that you never really get to know them is something which has bothered me from day one. I'm a pretty upfront kinda person and usually say what I mean and mean what I say. It's been quite the lesson constantly trying to decifer what they really mean. |
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 1:45 pm Post subject: |
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Well Gordon,
Many factors have led up to this.
I came to Japan with some sort of romanticized ideal of what it was going to be like as I'm sure a lot of people do. Actually, I tend to romanticize alot of things in life!
Obviously, things were not as I had imagined them to be. Some better some worse. All in all I don't regret coming, but I am looking forward to going home to Canada. Eggs Benedict here I come! LOL
Originally I had a very diffcult time adapting to life here, although that particular aspect did get better over time.
Sometimes, I feel like I am being taken advantage of at the school. Asked to work all this overtime and I haven't seen an extra yen yet!
(I'll be requesting that tomorrow along with the resignation thing!)
Plus, I have my boyfriend of 7 years waiting for me in Canada. My friends and my life. We are planning on building a house in July and I really want to be home for that.
I suppose that if I didn't have a significant other back home my perspective would be quite different. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Mon May 09, 2005 1:47 pm Post subject: |
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| worlddiva wrote: |
I figured as much. I never assumed these people were my friends, don't get me wrong. And, you're right, there have been many like me and there will be many more.
I must say that the fact that you never really get to know them is something which has bothered me from day one. I'm a pretty upfront kinda person and usually say what I mean and mean what I say. It's been quite the lesson constantly trying to decifer what they really mean. |
Diva, I have lived here a long time and speak the language and I assure you, you arent missing much. Mostly just shallowy gossipy office girls interested in their boyfriends, fashion and latest trendy restaurant. they are just ordinary people but they happen to speak another language than you. I dont wnat to get technical on you, but there are various layers of social interaction between people in Japan and its like tree rings on a tree trunk. they have themselves at the middle, their family their freinds, people they went to school with, the people they graduated with.
Foreign teachers at work are on the outer rings. Some people i have known for years but never been invited to their house or know anything about their families or interests. You work with them but you are peripheral to their lives, compared to their own friends and classmates from college, their families and Japanese co-workers. You could live here 20 years like I have and not get to know them past a superficial level. Im sure Gordon will agree with me here.
Thats why people like him and I build up our own social networks of friends, club, hobby, sports and family, so we dont rely just on workmates to be friends with. If you have only been here 6 months, your whole life probably revolves around work, the people you live with, you work with the other foreign teachers and perhaps a few of the staff who speak English to you. The have lives and families outside work. All your social bearings are disconnected as you have no family here and rely on workmates for friendship and support. When it doesnt come or its different than you expected, you find they are not really friends it can come as a bit of a shock to you.
Being upfront is fine, but you can also come across as wearing your heart on your sleeve, and to them this can mean you lack self control by your forthrightness and perhaps appear immature. Japanese dont really respect people who feel the need to bare their souls and explain everything. They realise Americans and westerners are 'straight' and upfront but a japanese person doing the same would be ostracised and shunned. My guess is they just put up with it as thats the way you are made.
Many Japanese seem to be appear circumspect, play their cards close to their chest, and often it taks some practice to know what they are thinking. Sometimes you never know and Ive been married to one for 13 years. |
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nawlinsgurl
Joined: 01 May 2004
Posts: 363
Location: Kanagawa and feeling Ok....
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| Posted: Mon May 09, 2005 1:58 pm Post subject: |
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Wow! It seems like you just got here...but I totally understand wanting to be with loved ones and back in your own place. I almost went crazy for the first six months I was in a tiny town in Fuji while my new husband was all the way across the world with the military.Now things are better since he is here. But, I had to make my own network of friends b/c like others have said, the J-staff usually has barriers built up around their friendships. I actually met a guy off this board here, who lived in my same town and was an amazing resource of help!
Anyways, enough of me blabbing. Have a safe trip back home. You can say you been here and done that...oh please eat some eggs for me!!!
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nawlinsgurl
Joined: 01 May 2004
Posts: 363
Location: Kanagawa and feeling Ok....
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| Posted: Mon May 09, 2005 1:59 pm Post subject: |
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Wow! It seems like you just got here...but I totally understand wanting to be with loved ones and back in your own place. I almost went crazy for the first six months I was in a tiny town in Fuji while my new husband was all the way across the world with the military.Now things are better since he is here. But, I had to make my own network of friends b/c like others have said, the J-staff usually has barriers built up around their friendships. I actually met a guy off this board here, who lived in my same town and was an amazing resource of help!
Anyways, enough of me blabbing. Have a safe trip back home. You can say you been here and done that...oh please eat some eggs for me!!!
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worlddiva
Joined: 03 Mar 2004
Posts: 137
Location: Montreal, Quebec, CANADA
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| Posted: Mon May 09, 2005 2:04 pm Post subject: |
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Paul,
It's sad to hear that after all that time, they still treat you that way.
I never relied on anyone at work to be friends with me and frankly there is only one other foreign teacher at the school and he's just plain annoying and IMO, an idiot.(rude but true!)
From day one no one really made an attempt to be friends with me so I made friends elsewhere. I found a nice group of female foreigners here to hangout with, which is cool. And, one lovely Japanese girl.I'm quite grateful for their friendship.
I was surprised however that no one at the school really made an attempt to get to know me. It's a shame really. But, you're right people already have their lives and friends and even I, come to think of it, just can't be bothered sometimes when it comes to meeting new people.
Oh well...
I would however like to say that it would nice if there were some sort of system set up for foreigners who come here...someone there to help you out when you first get here. Getting a phone, the internet, a cell, a bank account, showing you the video store, the grocery store, the post office, etc.
This is why websites like this are so important. Otherwise we would never know this info. I gotta give thanks to all who have helped me along the way! Thank you. |
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