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Breaking a contract

 
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joe7f



Joined: 30 Sep 2007
Posts: 1

PostPosted: Thu Jan 10, 2008 5:12 am    Post subject: Breaking a contract Reply with quote

Hello,

First time poster, longtime lurker. Brief life story: I got a degree in Electrical Engineering a few years ago, did some travel, got a job, visited Japan on vacation, loved it, got laid off Very Happy

I am preparing to start a year long trip in the next few days. In July, I think I will have a teaching job with a school in Wuhan (just a one month camp) coordinated with my Chinese professor. In August, I would like to teach in Japan. I see that many language schools want you to commit to a year (AEON, JET, etc). While I am certainly open to staying in Japan for a year, I could end up with a job offer at home. If this comes up I would be likely to take it. Of course, if I do not have an offer, I would like to continue.

How big of a problem would it be if I broke the contract with a language school? It seems like it happens somewhat commonly (but usually with people who have been in Japan a while). Are there any potential problems getting blacklisted where I would not be able to reenter the country or with the school withholding pay? Revoking your visa and/or passport?

Also, would it be easier to get a job while in Japan and use the experience in Wuhan to flesh out my resume, or to apply from Europe (where I will be until May) which would allow me to line up a job prior to August (I would decline the Wuhan offer) but lack the previous experience.

Thanks!

--Joey
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Hoser



Joined: 19 Mar 2005
Posts: 694
Location: Toronto, Canada

PostPosted: Thu Jan 10, 2008 8:44 am    Post subject: Reply with quote

They won't be happy but as long as you give the proper notice you shouldn't have a problem.
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Glenski



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

PostPosted: Thu Jan 10, 2008 10:59 am    Post subject: Reply with quote

They cannot revoke your visa. It is yours until it expires.

You lose face (as do your countrymen and other foreigners who choose to work there) by breaking a contract. For some employers, that's an annoyance at best because there is a long line of people waiting to take your place, but at worst it could mean financial problems for the employer, too, as you may have attracted or kept going a large number of devoted students (paying customers).

You will also forfeit any end-of-contract bonus, amounting to airfare.

Quote:
Also, would it be easier to get a job while in Japan and use the experience in Wuhan to flesh out my resume, or to apply from Europe (where I will be until May) which would allow me to line up a job prior to August
It's almost always "easier" to get a job if you are physically present in Japan. Many employers won't have it any other way, and the market is flooded so the line is long. Apply from Europe? Unless it is in the UK, you won't get any bites from the few (literally handful) of large schools that recruit from abroad, and all that would be left is a few phone interview possibilities.

Like I said, though, plenty of meat here to choose from already. Why shop abroad unless you already have recruiters established there?

BTW, August is a fairly dead time of year, especially the one week or so for Obon holiday.
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Quibby84



Joined: 10 Aug 2006
Posts: 643
Location: Japan

PostPosted: Fri Jan 11, 2008 1:36 am    Post subject: Reply with quote

Our company is not the best...that is why we are leaving, but they make you pay a fee when you leave...make sure the company you choose doesnt do that. But about 90% of the teachers that have been hired since we have been here have quit early so it didnt seem to bother them to much. Also, look out for a moving out fee and stuff like that, ours is 30,000 fee. So if you left after only a fee months you would end up with less money than you started with....
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ironopolis



Joined: 01 Apr 2004
Posts: 379

PostPosted: Fri Jan 11, 2008 2:30 am    Post subject: Reply with quote

Under Japanese labour laws, I think you're only required to give 2 weeks notice of quitting, even if your contract is for a year. So you could quit after less than a month and you wouldn't be breaking any laws, there'd be no visa or legal problems and I'm sure you'd have no problems returning to Japan in the future to visit; even for work too, if you had a good enough way of explaining away the blip on your resume.

I think, as glenski already alluded to, your main considerations, both regarding possible quitting mid-contract, and actually coming to Japan in the first place, would be financial.

There's really not a lot legally that a school could do if you quit mid-contract, but teachers that do often cause them massive inconvenience and possible severe financial difficulties, particularly for smaller schools. (Showing some kind of understanding and appreciation of this in your dealings with them if you did end up wanting to quit early might help the situation.) So, as a result, many schools will have financial incentives for you to see out your contract (or penalties for breaking it, depending which way you look at it). For example, you may be due a bonus at the end of the contract, which you obviously won't get if you leave early. Or you might have had to pay a security deposit on your accommodation, which they may well keep if they feel you've left them in the lurch. And you'll be paid in arrears, so however well you time your departure, it'll still be at a time when the school owes you some kind of money. Check out the conditions of any job you get and do your sums as to how much you could potentially lose if you quit early.

I should also mention that, in the world of reality rather than legal theory, very few Japanese people would get away with giving just the legal minimum 2 weeks notice to quit.

Remember too that foreign teachers' entry-level salaries in Japan are much lower than they've been for years, and the yen's value has fallen against almost every other major currency. If it's mostly the experience that you're attracted to, then fine. But if saving money rates highly, then think carefully.
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