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Anti-Compete Clause

 
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Thu Oct 26, 2006 1:26 pm    Post subject: Anti-Compete Clause Reply with quote

Has anyone every heard of this? And if so, what do you think about it? Is it normal for a company to say that after you while and after you are with them you cant work anywhere else? And after you have worked with them you cant work with someone else for two years?
This job is everything we have looked for (and more) but this is the one part of the contract that we are like "ummm" about.
So what do you think?
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furiousmilksheikali



Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.

PostPosted: Thu Oct 26, 2006 1:31 pm    Post subject: Re: Anti-Compete Clause Reply with quote

Quibby84 wrote:
Is it normal for a company to say that after you while and after you are with them you cant work anywhere else? And after you have worked with them you cant work with someone else for two years?


Red flag!

No, it's not normal unless you are working for an intelligence firm. There's no reason why an eikaiwa can hold you to something like this.
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SeasonedVet



Joined: 28 Aug 2006
Posts: 236
Location: Japan

PostPosted: Thu Oct 26, 2006 2:20 pm    Post subject: Reply with quote

I have heard of a dispatching company's contract that states that you agree not to work for the BOE for two years after (you have worked for said dispatching company I think).
I guess it is designed to stop the teacher and the BOE from colluding to cut out the dispatching company maybe. (??)
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Venti



Joined: 19 Oct 2006
Posts: 171
Location: Kanto, Japan

PostPosted: Thu Oct 26, 2006 3:54 pm    Post subject: Reply with quote

I worked for a company with a clause like that in the contract. I quit and went to work for another company in Japan. At the time of quitting, I was asked if I was going to work for a client of the company (B.O.E.) or any company that was in direct competition with the company. I wasn't and there was no further discussion of the issue. When you quit a company, there's nothing that legally requires you to inform them of the next company you're going to work for. If you're still under a visa that that company sponsored, they might give you a hassle and say they'll call immigration to let them know you're no longer with them, but probably nothing will come of that. Finish your contract, as you should, and freely move to any other employer you like.
If you start a business that steals away their clients (the ones you gained by showcasing your talents while an employee of your previous company), you might be sued. Or, if a B.O.E. decides to directly hire an ALT who was with the dispatch company that previously employed the ALT at that B.O.E., there might be a lawsuit over a breach of contract.

You're probably not going to do anything that would draw you into a lawsuit, so don't worry. Take the job and enjoy yourselves.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Thu Oct 26, 2006 6:13 pm    Post subject: Reply with quote

It is an ALT job, small school, small town. So do you think that it means that if you finish the contract then you can work anywhere? I thought that it meant that even if you finished the contract you still had to not work anywhere for two years...but I guess what you said makes more sense...
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Thu Oct 26, 2006 7:10 pm    Post subject: Reply with quote

Quibby84 wrote:
It is an ALT job, small school, small town. So do you think that it means that if you finish the contract then you can work anywhere? I thought that it meant that even if you finished the contract you still had to not work anywhere for two years...but I guess what you said makes more sense...


My understanding of Japan law on the subject (and this was from a Japanese lawyer who said it was basically the same as British law because Japan copied it from there) is that anti-competition clauses are lawful, can have effect for no more than 1 year, and can only cover the geographic area where the former company actual competes. In the UK the company also has to be able to show financial loss from the competition before they can file a suit, but I don't know if that is part of the Japanese law. Anything outside that and you can ignore the clause. Remember, an unlawful clause is an unenforceable clause! :)

I have a link on another laptop to a discussion about this somewhere that I will try to find again, although it's in Japanese, if that's a problem?

If you want a better answer then you can make use of the free legal service that all city halls are required to offer residents and ask the lawyer there. They take about two weeks to get back with advice IME.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Thu Oct 26, 2006 8:27 pm    Post subject: Reply with quote

well if you sent it in japanese I may be able to translate it online, if it is just straight text (I hate to admit that I cant read japanese...although I wish I could..maybe one day)
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Glenski



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

PostPosted: Thu Oct 26, 2006 9:39 pm    Post subject: Reply with quote

As mentioned, this clause is a red flag. Don't take the job, or at the very least, don't sign the contract. Nobody can tell you what to do, or where you can work after you finish working for them.

Some employers have such illegal clauses which say you can't work within a few kilometers of them. Ridiculous.
Some say you can't work for the competition either after or at the same time you work for them. Ridiculous.

I'd look for another employer.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Thu Oct 26, 2006 9:47 pm    Post subject: Reply with quote

So this is an illegal clause?
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mapraopenrai



Joined: 16 Mar 2006
Posts: 29
Location: Kyoto, Japan

PostPosted: Thu Oct 26, 2006 10:35 pm    Post subject: Reply with quote

ALT job? I've been doing LT work all this time, and thought about doing just ALT work for a change of pace, especially if I could get the kind of money that JETs get. Did you get this job through a headhunting company, or what?
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Thu Oct 26, 2006 11:07 pm    Post subject: Reply with quote

I got it from that Ohayo Sensai (sp?) website, they had like a million jobs and I sent in about a million/7 resumes and several companies replied, this one was the only one that we found that was exactly what we wanted. But it is a very small company, so small that Michael and I talked to the guy (from the job) for about an hour each about the job/his family/me/michael etc etc.
but try that Ohayo thing, just google ALT jobs in Japan.
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seastarr



Joined: 22 Sep 2006
Posts: 76

PostPosted: Fri Oct 27, 2006 12:05 am    Post subject: Reply with quote

That does seems like a weird clause. I think Nova had something saying that working for them had to be your primary job, but when you were done (quit) you were done. Your life was yours again. I think once you have the work visa, what you do with it is your business. What would the punishment be if you quit and took another job? It doesn't seem like they could do much to you, since they can't take your visa.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Fri Oct 27, 2006 12:54 am    Post subject: Reply with quote

do you think it is because they are worried that we will become popular in their schools and then open our own school? Maybe it has happened to them before? It makes sense, I guess.
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