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basilbrush
Joined: 23 Feb 2009
Posts: 61
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 Posted: Fri Aug 07, 2009 1:28 am Post subject: Contract q's |
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hi
In the GEOS contract it says that if the employee terminates their contract without 4 months notice they're entitled to compensation from the employee for loss or damage incurred.
It also says that "In the event of termination of the employment of the employee for any reason, GEOS shall terminate the visa sponsorship as a guarantor of the employee. The employee acknowledges GEOS sponsorship for this visa status lasts only for the period of the Employee's employment with GEOS." This means that you won't lose your visa, but will need to find a new sponsor in order to renew, after getting a letter of releas fron GEOS right?
What do you think is likely to happen if you were to quit with a couple of weeks notice? Would they take you to court?
Also any advice if they were to make it difficult getting the letter of release necessary for changing your visa to a new sponsor.
Any advice/ experiences would be appreciated, I want to know my options and don't want to end up shooting myself in the foot, or being sued.
Thanks very much |
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GambateBingBangBOOM
Joined: 04 Nov 2003
Posts: 2021
Location: Japan
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| Posted: Fri Aug 07, 2009 2:37 am Post subject: Re: Contract q's |
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| basilbrush wrote: |
hi
In the GEOS contract it says that if the employee terminates their contract without 4 months notice they're entitled to compensation from the employee for loss or damage incurred. |
What damages? Four months is a ridiculously long period of time. The JET program is only ONE month. You should make sure that isn't four WEEKS.
Basically, you signed it. Now you have to do what it says, or your breaking it.
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It also says that "In the event of termination of the employment of the employee for any reason, GEOS shall terminate the visa sponsorship as a guarantor of the employee. |
They are trying to give the impression that they can revoke your visa. They can't. The visa is yours. All they can do is not sponsor your visa when it comes up for renewal if you've stopped working for them- which is obvious, it's as obvious as saying that they will not give you another paycheque after paying you for your final day worked.
| Quote: |
| The employee acknowledges GEOS sponsorship for this visa status lasts only for the period of the Employee's employment with GEOS." This means that you won't lose your visa, but will need to find a new sponsor in order to renew, after getting a letter of releas fron GEOS right? |
Yes. It's all part of the same thing. They're just trying to make it sound like you have to leave the country when you stop working for them. It's just not true. You do not need continual 'sponsorship' throughout your visa. Once you get a visa, it's yours. If you have a three year visa and you leave after one year, then you have two more years. You could leave the country for a year and go work in another country, and come back to work in Japan, so long as you have a re-entry permit. You can work for anybody during that time within the limits of what's allowable under your specific visa. And if you get a job with a company that requires a different kind of visa, then they can usually just switch it (changing from specialist in Humanities to Instructor or vice versa is not a difficult thing to do). You obviously need an employer when you go to renew your visa.
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What do you think is likely to happen if you were to quit with a couple of weeks notice? Would they take you to court? |
If you leave the country, nothing. If you leave the prefecture, almost definitely nothing. If you are in the same city, I don't know. What damages can they prove in a court of law?
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Also any advice if they were to make it difficult getting the letter of release necessary for changing your visa to a new sponsor. |
It's a legal requirement. Tell them you'll talk to a lawyer. But you don't need that letter to get a new job. You need the letter to get a new visa. They need to give you that letter within specified time period, and it isn't a long time period, but I'm not sure what it is. Most people usually get it within a few weeks.
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Any advice/ experiences would be appreciated, I want to know my options and don't want to end up shooting myself in the foot, or being sued. |
Again, double check that it says four months and not four weeks. If it says four weeks, then you should definitely give them four weeks. Four months is a bit difficult, but I can't imagine that you would be the first person to ever leave early. Also, I have a feeling that if they brought you to court over a four-month notice period, the court would tell them that the law in Japan is two weeks as a full-time employee, and if you aren't in shakai hoken, then that means that you are listed as a part time employee, and part-time employees are not required by law to give any notice at all. If they were firing someone, would they be giving four months notice? (as in, "So you were caught steeling, but returned the money, but we cannot have you around any more. You're fired. Here's your ***four months pay*** in lieu of working out the time."?
Bottom line is that you need to do what the contract says in order to not break the contract. |
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Glenski
Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN
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| Posted: Fri Aug 07, 2009 4:06 am Post subject: Re: Contract q's |
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| basilbrush wrote: |
hi
In the GEOS contract it says that if the employee terminates their contract without 4 months notice they're entitled to compensation from the employee for loss or damage incurred. |
Illegal. Labor laws say so.
(Ban on Predetermined Indemnity)
Article 16. An employer shall not make a contract
which fixes in advance either a sum payable to the employer
for breach of contract or an amount of indemnity for
damages.
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
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| It also says that "In the event of termination of the employment of the employee for any reason, GEOS shall terminate the visa sponsorship as a guarantor of the employee. |
They may cancel sponsorship, but the visa is still valid until it expires. Find another FT employer, or (if you've been working a year) self-sponsor the visa.
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| What do you think is likely to happen if you were to quit with a couple of weeks notice? Would they take you to court? |
They wouldn't waste the time, energy, and money. They would probably try to bully you instead, withholding money from your last paycheck. Call their bluff. Labor standards office or union will help.
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| Also any advice if they were to make it difficult getting the letter of release necessary for changing your visa to a new sponsor. |
Same as above. It's illegal to withhold it or to issue it with any delay.
(Certificate when Retirement)
Article 22. When a worker on the occasion of
retirement requests a certificate stating the period of
employment, the kind of occupation, the position in the
enterprise, the wages or the reason for retirement (if the
reason for retirement is dismissal, including its reason), the employer shall issue one without delay.
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
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| Bottom line is that you need to do what the contract says in order to not break the contract. |
Unless the contract itself is invalid. Employers only have to provide one month's notice (or pay in lieu thereof). |
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basilbrush
Joined: 23 Feb 2009
Posts: 61
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| Posted: Fri Aug 07, 2009 12:49 pm Post subject: |
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Thanks very much guys, really helpful!  |
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SoulCal
Joined: 03 Aug 2009
Posts: 28
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| Posted: Fri Aug 14, 2009 7:47 pm Post subject: |
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| I was a former GEOS employee, and the 4 month termination notice is indeed specified, but ridiculous, and I have never heard of anybody getting taken to court over it. Like the others said, if Japanese law states that 4 months is not necessary, then you dont have to obey it. However, GEOS will probably take this into consideration when it comes time to tally your end of contract bonus, and may significantly reduce your severance pay (Citing your professionalism/behaviour/student care etc. was not acceptable) as a result. Often times, the contract evaluation bonus takes months to process, and if youve already left the country, then it may be very difficult for you to ever take any effective recourse. Do it at your own risk. |
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