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Worries about breaking contract

 
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hopeC12



Joined: 27 Apr 2007
Posts: 1

PostPosted: Fri Apr 27, 2007 10:56 pm    Post subject: Worries about breaking contract Reply with quote

I am 4 months into a year long contract with a small town Eikaiwa school. But things here have gotten really miserable (I hate my job, my boss has been verbally abusive, and I'm really depressed). I hate to admit it, but I'm ready to give up and go home. But I'm worried about what would happen if I try to break my contract early. I asked my headhunter about giving notice and she tried to tell me that I needed to give 5 months notice and referenced this part of my contract:

(The Beginning Day and Term of Contract)
Article 4: (1) This contract will be effective for one year.
(2) A or B will notify the other party about the renewal of the contract at least five months before the contract expires.

But to me this only talks about renewal, not quitting. And when I told her I read somewhere that I only need to give 1 months notice, she said that is only for people who aren't in a contract.

I've also heard rumors in forums that I can only be fined 10% of one paycheck for breaking contract, but I don't know where this information comes from. And I have also heard the opposite; that it is illegal to fine me at all.

So basically, I've been doing a bunch of online research, but I'm getting conflicting answers, and I'm so confused now. I'm also really worried about what my boss will do if I try to quit. I don't want to completely screw them over by only giving a little notice (because I am their only teacher), but I also don't think I can stand to stay here much longer.

Please help!
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Sat Apr 28, 2007 12:21 am    Post subject: Reply with quote

The answers to your questions here:

http://www.generalunion.org/law/lsl.htm#S3

Otherwise, the main site has much more info about other things too.

http://www.generalunion.org/
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Glenski



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

PostPosted: Sat Apr 28, 2007 12:52 am    Post subject: Reply with quote

Thanks to Jim.

That headhunter is probably just trying to protect his commission. Ignore him. Find another job (and apartment) and give notice. 2-4 weeks will do. They won't track you down, and if they try to penalize you, tell them you will have your lawyer talk to them.
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womblingfree



Joined: 04 Mar 2006
Posts: 826

PostPosted: Sat Apr 28, 2007 2:15 am    Post subject: Re: Worries about breaking contract Reply with quote

hopeC12 wrote:
Please help!


If the company are saying that they will take money from you even if you give two weeks notice then you could:

a) Fight for your money by seeking union help.

b) Wait for your paycheck to clear and leave.

If you want to stay in the country make sure you have a job lined up before quitting. Obvious, but you'd be surprised how many times I've seen people do this.

Quitting your job will not effect your visa and will not have any effect on being able to return to Japan.

Don't worry, pretty much everyone that's worked in Japan for any length of time will have been in a similar situation at some point.

Best of luck.

Very Happy
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