Job Discussion Forums

thb · Joined: 30 Oct 2005 Posts: 24

I have a teaching contract with an English school wich says I need to give 8 weeks notice before quiting. I now need to go home due to family issues, but my boss will not let me go early even though I have waited 4 weeks for them to find a new teacher. I feel that they are not even trying to find a new teacher so I can leave, also the stress from this has made me pretty sick. I don't want to just leave or I will not have enough money to go to school.
I am wondering if anyone knows if there is a way around my contract. My problem at home is actually true. Im not just making up some storty to tell my boss so I can go home.
I am in a huge rush to get back home.
Any advice would be great.
Thanks,
Tyler

ls650 · Joined: 10 May 2003 Posts: 3484 Location: British Columbia

thb · Joined: 30 Oct 2005 Posts: 24

My contract says I need to give 8 weeks notice. I am in Japan.
I understand a contract is a contract and I signed saying I would give 8 weeks notice but there must be some way I can get home.

stillnosheep · Joined: 01 Mar 2004 Posts: 2068 Location: eslcafe

The clause in your contract regarding the 8 weeks notice needed to quit is legally unenforceable.

If yuo are in the first year of employment you only need to give 14 days notice to quit by Japanese law. Give notice and leave. By law the company must pay you all owed wages etc within (I believe) three days of your last day at work.

Next time join a union so that you are aware of your legal rights and have someone who can make your employer aware that they are expected to abide by Japanese law (which takes precedence over legally unenforceable clauses in employment contracts).

If there is no union in your area go to the local LSO if your employer proves recalcitrant.

Eva Pilot · Posted: Fri Jun 23, 2006 5:20 am Post subject:

Tyler?

Did you ever happen to live in Izumo?

movinaround · Joined: 08 Jun 2006 Posts: 202

Will. · Joined: 02 May 2003 Posts: 783 Location: London Uk

There are times when you have to go forget about the law and the job and what the boss says
Do what your heart tells you to do.
This is your family. no job will ever be as important to you as they are. Your boss is going to find this out when you tell him/her Forget the consequences and tell your boss where to put his job.

thb · Joined: 30 Oct 2005 Posts: 24

Thank you so much for your help guys. It seems too good to be true that no matter what my contract says I can quit in 14 days and still be paid. I hope this is true.
My boss just told me that I am now a part time worker not full time. Is she able to just change that without even telling me? Also I think she is going to pay me as a part time worker for the month of May even though she just changed this last week.
I know what you are saying about following my heart too. If this goes on too long I will just have to leave without my money even though it means I will not be able to return to school.
I have to meet with my boss tomorrow. I feel like I am going to get screwed... This stress has made me so sick.

I have never lived in the place you are asking about.

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

So you are now part-time? It's my guess that your boss has simply learned that he/she can count only your classroom hours as the time you work there, and that may amount to less than 29.5 hours/week. This gives him/her a legal loophole to declare you as PT and to avoid making copayments into your health insurance and pension and unemployment.

If you are planning to leave so soon, what difference does it make as long as the paycheck is the same?

Oh, and since making a major change OFFICIALLY such as that requires a change in your contract, no, he/she canNOT do it legally without your consent and a new contract. I think he/she is just pissed that you're leaving. Stay cool and professional, be as polite as possible, do your job well, and leave when you have to. He/She will not come hunting you down.

thb · Joined: 30 Oct 2005 Posts: 24

If my employer pays me by the hour instead of on a full time salary my pay will decreace by about 150,000 yen per month. I teach about 5 hours per week and Im paid 200,000yen per month. I was verry lucky with this job, but I dont think that gives my boss the right to change things on me. The reason I took the job was because it was a great deal, if he changes things then I wouldnt have taken the job in the first place.

I will give my boss 14 days notice tomorrow and I will tell her I am legally entiltled to my full pay. Does this sound correct?

Also, when I gave him my letter of resignation (for 8 weeks not 14days) he said that my letter was not professional enough (hand written). He then wrote one for me, in his letter it said that my fulltime contract will continue untill the end of next month AND that I will be a part time employee for the remaider of my time here. I dont understand how it could be both.

Any opinions on this would be great. Thanks for all your help so far.

thb · Joined: 30 Oct 2005 Posts: 24

I have just read that it is 14 days notice only if your contract isnt for a specific period. My contract is for up to december 30. So I guess that doesnt apply to me...

guangho · Joined: 16 Oct 2004 Posts: 476 Location: in transit

It's always heartwarming to see someone on this board take his contractual obligations seriously.

Naive but heartwarming.

Justin Trullinger · Posted: Fri Jun 30, 2006 12:38 am Post subject:

Tell her that you will work the 14 days notice if she agrees, in writing, to pay you in full. Tell her that if she is unwilling to do this, you will leave immediately. Tell her this 10 to 15 minutes before you are due to start class.

Get it in writing.

Best,
Justin

thb · Joined: 30 Oct 2005 Posts: 24

How is it Naive to want my money?
My boss owes me over 600,000 yen, if I just go home do you think shes just going to pay me anyway?
Man..no more posts from you.

guangho · Joined: 16 Oct 2004 Posts: 476 Location: in transit

So did you get the 600,000?