Job Discussion Forums

[azarashi sushi]

Hello forum!

Just wondering what you all think ...

I've spent the best part of this year looking for a new job... So finally I get a call from THE company on Wednesday night offering my a job. I accepted and handed in my thirty days notice on Thursday.

I currently work for a small Eikaiwa run by a couple . . . Nice people but extremely lazy... It seems like they forget they're running a company.

Anyway, to cut a long story short... My contract states I should give 30 WORKING days notice. During the following thirty days, the school is closed for about a week. I didn't know it, but they've booked a holiday to Thailand.

They argue that weekends and this forthcoming vacation can not be included in my thirty days notice since they are not officially "working" days. So basically thirty "working" days would work out at about two calendar months.

The new company wants me to start straight away but are going to wait one month ... But only just!

The owners of my present company are now accusing me of ruining their holiday to Thailand and told me I should ring the new company and tell them I can't start until much later.

I don't want to miss this chance and I feel they are being unfair. Surely the main responsibility of running a company and hiring staff lies with the owner/manager and not the teacher.

They want me to sacrifice my new job so they can have a holiday in Thailand.

What do you think? Should I feel guilty?

A.S.

[Glenski]

Civil law states that you only have to give 2 weeks notice. In my opinion, companies that want more do so because they want time to locate replacements. Well, that's ok, but realistically, they would need 3-4 months (part of that for advertising and interviewing, and part of that for visa processing, if needed). So, your present employers are acting unreasonably, in my opinion.

Tell them about civil law.
Tell them you are going to leave no matter what.
Tell them they are required by law to give you a letter of release.

And, sleep soundly knowing you are moving on to greener pastures.

[Gordon]

If I were you, I'd try to negotiate with your current employer. Tell them you'll work an extra week, help screen applicants, whatever would help them. This way, you may only be starting one week later. Any employer will stall one more week. This way everyone wins. Have to say, you're in a predicament.

Is your current employer holding anything over you if you leave? Flight, pay, anything?

[Gordon]

Glenski, his contract does say 30 working days notice. I know it is unreasonable, but it still is a contract. Doesn't this supersede normal Japanese employment laws?

[cabbagehead]

Well, you knew the holiday was there and obviously, this doesn't count as working time. You mucked up and I can understand that your current employer feels you have been unreasonable. Sure, from your point of view all you have to do is walk away to your dream job at "THE company", but they are left with a bit of a mess. They probably sense your excitement over your new position and read this as an eagerness to clear out of there as soon as possible. This won't help things.

With the current economic climate, small eikaiwa can be greatly impacted by slight changes in staff working conditions. The grapevine is very powerful too and if this internal mess makes its way outside the school it could harm the reputation the couple have in the community which is sure to have an adverse affect on not only their business but any teacher who may succeed you.

I'd feel that I was being unreasonable if I didn't fulfil my original contract.

Also, if the new job is at "THE company" as you say, they should be willing to flex a little.

The law is the law. We shouldn't forget that. When you hold people to that law not only do you tend to sacrifice human relationships but you also are more likely than not to suffer the curious fate of having the same befall you sometime later. At least that's my experience.

[azarashi sushi]

Glenski, Thank you very much for your sound, rational, good advice ( as always! )

[Glenski]

[Mr. Ishihara]

Mr. Sushi,

The law in Japan may or may not support your position,
but if it was me the key question would be how important
I thought it was to maintain a good relationship with
you present employer.

My Impression is that laws in Japan are not nearly
important to the Japanese as personal relationships.
If your present employer has treated you well,
then I'd respect their wishes within reason, even
if it wasn't in a contract.

I'd explain to the prospective employer that you feel
an obligation to your present employer. My guesse is
that this would be well received.

If you are an excellent employee, and the school is
small, replacing you won't be the same as if you
were working for a NOVA or such. Also don't forget
to consider the impact of your departure on your
students.

[Gordon]

Mr. Ishihara wrote:

[canuck]

[mrAndrew]

What about giving some time to both for a few weeks. This could solve the problem.
a)you can start on time at the new job.
b)you will not leave the old school in such a bind.

[shmooj]

[quote="Glenski"]

[Gordon]

Hey shmooj

Welcome back

[shmooj]

[Gordon]

Now that you have two aliases, you can change your avatar and if you want to rip into someone for no apparent reason, use cabbageboy.