Job Discussion Forums

[Appletreesrtall]

I've posted here before, mentioning that I was going to quit and give my 3.5 months notice. Here's the update!

Turns out that when that conversation happened, my employer informed me that the contract stated the 3.5 months were for if I was RENEWING or NOT RENEWING my contract from the last working day (very arguable.....). Once I had brought this up, they said they would be willing to renegotiate my contract, with one condition, being that I stay as the instructor until a suitable full-time teacher can replace me. At the time I was happy to hear this, hoping that I would not have to pay any fees for my current living situation since a new teacher would move into my apartment. However, since my employer is not giving any solid end-date, I have no idea when this will actually be. I've requested on more than one occasion for at least an estimate for when my last working day would be, but they will not give anything. It could be in February, or it could be at the end of April (or even later!). I told them I wanted to finish at the end of the academic school year, so that I had a clear date, and also to help the school so it would be a clean transition from one teacher to another, but they still refuse to give any date. It turns out that instead of me having a clear hold on this situation by quitting, they have now usurped all the power and now I am hanging in mid-air by their whim.

Here is why I am writing:
1- I was hoping that with the renegotiation of my contract and with a new employee coming into the company, I would not have to pay anything in regards to the living arrangements the employer has provided. The contract states, within the 'Accommodations' section: "# Should the Instructor decide to vacate the apartment prior to the end of his/her employment contract, he/she shall be responsible for finding another tenant from among the Employer�s staff members or reimburse the Employer for all costs related to securing the rental of the Instructor�s accommodation IN FULL." If I were to quit, this would mean that I would be in violation of this clause of the contract. I am aware of the Labor Laws stating that the employer cannot list a monetary fee for breaking a contract, but can the employer argue against this? I wonder if there is a difference of the employer saying they will charge 10,000 yen for breaking the contract versus the apartment becoming vacant due to not working for the employer anymore? I have not signed any lease with the apartment, not have I been shown the paperwork for what the employer paid for the finders fees, deposit, and whatnot to secure the apartment. Furthermore, I am positive that the employer simply continued the leaser from the instructor before me. I know everyone has their opinion on this, but I need to know the fact of if the employer can actually argue this point in their favor?

2. I have a 2 year contract. A 3-year contract is legally recognized, but don't you have to renew every year? If so, then since I did not renew 3.5 months prior to my last working day of the 1st year(as the contract states), could that become the end of my contract? Am I working to the end of the contract, or still breaking it? This answer can help with the apartment woes mentioned above.

All in all, I want my rights and to not be dangled in mid-air. But I don't want to confront my employer with mere assumptions of what is legal and illegal. Thanks to everyone who reads this, and who can help with some feedback. Its the start of a new year, and I'm more than ready to get this mess over and done with! Flat out quit with notice (end of 1 year, 1 month?) if the Labor Laws protect my rights, or do as the employer says and ride out the renegotiated contract until a near teacher arrives who-knows-when. Thank you!!

*braces herself for all the quirky remarks* >0<

[fluffyhamster]

If I had actually signed a contract with those sorts of clauses (legal or not), I would have either a) honoured it fully however hard it might've been to complete it or b) done a "midnight run" ASAP after whichever payday was most convenient for me to leave unhindered and in the best shape financially. (But of course, jumping employers can come back to bite you, not least in terms of securing a letter of release for future work visa renewal). As it is however you have given the employer plenty of time to not only find another teacher (I doubt this will be much of a problem at all - unless you're working somewhere very remote, it should be possible to find a new teacher in weeks if not days rather than months!), but also to plan to do their possible utmost to whip all sorts of costs and penalties (real or not, fair or not) from your pay, meaning you could find yourself working for almost nothing those last months (I'm assuming they'll deduct a sizeable amount from at least two paychecks, as apartment set-up would likely cost/be costed at more than just one month's salary...anyway, you'll probably be asked to pay at least the rental rate those "vacant" months). Good luck with trying to recoup lost earnings if you do decide to stick around to see how you're treated...in my experience, if employers even think let alone have in black and white that they can do certain things, then they will sure try!

So your main concern should be not losing too much pay relative to work/time expended (thus far!), and then of course quite what you're going to be doing next, for which you'll obviously need to insist (if only to yourself) on more definite leaving > new/next job start dates (or are you simply leaving Japan and returning to at least short-term non-work in your home country, say?).

I certainly wouldn't worry about being pursued (certainly not legally) if you are certain that clauses in your contract clearly violate Labor Laws. Harassment and "blacklisting" could be a potential problem however, especially if you choose to stay in the same area (city, prefecture), and lack of a reference could come back to haunt you if you are ever interviewing with more western(er)-run schools later.

But of course there is the slim possibility that everything will work out (or rather, be worked out) fine for all concerned...but still, I'd be formulating a Plan B nevertheless and pronto if I were you.

[Glenski]

[wayne432]

As Glenski said, you've done all that was asked for on your part.
Leave when you told them you'd leave. If they cry foul or try to take money, then show them the labor laws. If they still play dumb, let them know you'd be willing to contact the labor offices, etc.

[womblingfree]

Appletrees, just get a new job and leave as soon as your pay-check clears.

That's really all there is to it.

[Appletreesrtall]

Thanks for all of the replies everyone. I'm pretty much scared
shi$$less about this whole ordeal really. I've been trying to be
civil, as much as I don't like my employer, but its just hurting me
more than anything.

To clear out one question, I am going back to the states once I quit.
Homesickness and recent news that my grandmother is very sick (I spent
6 years with my grandparents, so pretty important to me). So I don't have to worry about how this will effect my next job in Japan, huzzah!

Glenski, sorry to make you write out soo much, but thank you! To try and help with what was vague:

What was discussed was that I would be released from my contract earlier than what we first had agreed on. Instead of me breaking my contract, I would be working to a new end date. I started work in March-April 2009, and I was supposed to work until 2011. The renegotiaton on my part was that I could leave in 2010, after a years end. Yet as much as I said I would work a full school year, they said "Just a reminder that the early release from your contract that I offered you is dependent upon getting a proper full-time replacement as we discussed earlier. Will try to aim for the March / April period but it could be earlier or later than that." This is something I have been fighting, where as I bent as much to ask for a time-frame (Feb.1st to March 31st), but they still refused to budge. We verbally discussed the contract and renegotiation the last week of November. Thusly, we did made a verbal contract. Yet the bullcrap of "until a new suitable full-time instrutor is found" for and end-date is absolutely ridicilious, thusly me fighting it.

I'm sorry I'm probably just saying the same thing over and over again T-T

With this information, I guess these are my biggest problems:
1. Can she say that "until a suitable full-time teacher is found to take your place and that you are bound by the current contract until such a time" to be the end date? If not, then yes, our verbal contract is invalid, and I can hold that against her.

2. We verbally agreed to a new contract, yet it may be invalid due to the point above. I wanted to quit, she said my contract listed no rights, and then said she woulds renegotiate. We renegotiated. I have not quit then, correct? So if I had to quit to leave, how much time do I need to give her?

I'm planning on writing to the Union, but I am confused as to what labor standards office I would go to. I found the listing for one in my city, but do they have English speakers there? I mean I can speak Japanese, but not fluently, and not with the topic I have at hand. Would they offer consultation, or do they not have the time for each person's individual situation?

[Apsara]

I personally would ignore their vague time frame and insistence on finding a new teacher before they will "let" you leave. Just give them a date, and don't let yourself be bullied. It sounds like you are going to have trouble with leaving this company no matter how you go about it, so take back some of the control. What is it you are scared about exactly? Is it losing some or all of your final paycheque?

[Appletreesrtall]

Mainly I am worried about any ramifcations that come with quitting and the apartment. I wanted to be able to leave this job on my terms, but everytime I tried, they either pull the rug out from underneath me or flat out say no. Now I am worried because I agreed to a new contract that ended up being vague and has no dated end point I can work around. I've heard they have taken legal action against teachers in the past that went back to the states, but I have no idea how this ended. I don't want that same type of hassel, thusly me trying to get everything resolved here and now.

[Appletreesrtall]

Also, if I quit and set my end date to the last working day of the academic year (2 1/2 months from now), can they simply fire me afterwards?

[Glenski]

Just to add more fuel to the fire about an invalid contract, here is what the General Union says about your 2-year contract:

To protect employees from having to work against their will, the Labor Standards Law prohibits contracts of over one year, except those which require a definite period for the completion of a specific project, such as the construction of a building.
Even if a contract-other than those of specified length-stipulates a required work period of over one year, it is valid for only one year.
http://www.generalunion.org/handbook
So, in my mind, you have until "March-April" (your words) 2010 before your contract truly expires [if you think it's even a valid one at this point; I don't].

Moreover...
If you want to avoid to be in trouble with your employer, you should confirm the rules of employment (Shugyo Kisoku) of your company. And according to the regulation, you offer the employer your will to retire.
When there are no rules of employment in your company, you only need to give your employer two weeks' notice of your intention to quit.
So, does your company have a rules of employment? Whether you know or not, here's more from the union:
Q7
My employer often says it is in the rules of employment (Shugyo Kisoku) when ever I ask about my working conditions.
The small booklet of employment rules is distributed to every employee, but I cannot read it because it is in Japanese.
Can I ask my employer to translate it into English?

A7
Companies with 10 or more employees are required to draw up rules of employment and to submit them to the Labor Standards Inspection Office.
The rules of employment must clearly state working hours, day-off, leave, wages and matters concerning retirement.
For retirement allowances, eligibility and the methods of calculation and payment should also be stipulated.
If there are bonuses, accident compensation or health and safety schemes for employees, employers must make these clear in the rules of employment.
The Labor Standard Law (Rodo Kijun-ho) requires employers to post the rules of employment in a prominent place and make them understandable to the employees.
You may request, and your employer is expected to provide, an English version of the rules of employment.

[Appletreesrtall]

Thanks for taking the time to give me such a detailed reply Glenski, I really appreciate it!

I think I may of caused some confusion- I am in no way responsible for finding the next instructor. They are searching for the next teacher (which I have been doing my research, and I have seen no listings for my position, what the he$$!?).

My goal to end employment here is March 31st, 2010. Gives the employer plenty of time to find a new replacement, gives a clean break for the students since it is the end of the academic year, and lets me work and save some more money for the way home.

I'm going to write the general union tonight, and check with the LSO and hope I can get an english speaker. Will keep this post updated! Ganbarimasu!

[GambateBingBangBOOM]

[Appletreesrtall]

Gambate,
I agree with you about how staff-quitting is contagious. I also know that they are very concerned with this as well, and asked if I would keep things private about this matter. I have consulted with a few co-workers (this was even before her request was made), but not with the entire company. But still, knowing that I am unhappy, wouldn't you want to remove that matter as soon as possible? With the current situation, its just infuriating me more! >0<


Email is to the Union right now, hope things will go well there so I can plant my foot down confidently!

[ShioriEigoKyoushi]

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[Hot-Carl]

See, this is why it's best to NEVER give more than a months notice. It's all employers legally have to give their employees. Why should employees be expected to give more?

If an employer asks for more (like some that ask for 2 or even 4(!?!... looking at Geos here. Do any others ask for such an obscene amount?)), either give 1 month notice or pull a runner. To give more than 1 months notice is clearly to put yourself in danger. If someone was to give 3-4 months notice, and the employer decides they don't need them anymore, what's to stop them from telling them they've only got a month left (or pay them a month's salary to leave right away) and screw them out of 2-3 months work?

1 month notice or leave on payday.