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Getting out to move on

 
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Appletreesrtall



Joined: 09 Oct 2007
Posts: 56

PostPosted: Sun Oct 11, 2009 8:38 am    Post subject: Getting out to move on Reply with quote

Wondering if anyone can give me some advice.

So I came to Japan and started my contract in April. It's only October, but I've decided I need to put in my 3.5 months and get out. I'm at a private eikaiwa. I love my students, but there is a lot of admin work to do and not enough allotted time given, and the owner has cracked my sanity. I could list example after example, but I don't wanna bore you guys with those details.

Anyways, I still want to try working as an ALT instead. I haven't given up on Japan (well I did for a while, but was able to isolate where my problem/frustration was). To quit, my contract only states two things:

1- I have to give 3.5 months notice before my last working day
2- If I quit or was to be terminated, I am responsible for reimbursing the owner for all costs related to securing the rental of the apartment in full (unless the next staff member moved into my space).

Yeah that last part stinks, but I'm very happy to pay and be free from her then to stay and suffer.

So here is my question:
What is average for putting money down for an apartment? I know it is a lot more than back in the states, but I want to start preparing that money now instead of paying it all out of one paycheck. I'm not in Tokyo, or any big city like that, but I don't want to list the exact city in case they are also lurking on the message boards.


I'll probably be posting another question or two about ALT companies, but for now, let's tackle one problem at a time.

Thanks everyone for your cooperation. I plan to try and ask the landlord too, but I am waiting to see if I can get a witness to come with me (maybe with a bit more Japanese proficiency than I have). At least here I can get a ball-park range.[/b]
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GambateBingBangBOOM



Joined: 04 Nov 2003
Posts: 2021
Location: Japan

PostPosted: Sun Oct 11, 2009 9:00 am    Post subject: Reply with quote

If you want to work as an ALT, you do know that there will be virtually zero jobs starting between the middle of January and April 1, right?

You'd honestly be much, MUCH better off trying to get an ALT job that starts April 1 and staying put until then (interviewing mainly in January or February for it).

There's no way to say for sure how much start-up for an apartment will be based on the information you've given, other than what you already know: it's more than it would be in the States. You should be figuring a couple of months worth of salary ($5000 as being on the very high side, unless it's one gigantic freakin apartment that you're looking at), so no, you better not leave it to be paying it all out of one paycheck, because it may well be more than one paycheck.

I think your contract is probably referring to the costs that the employer has already paid for your current apartment. So get a Japanese friend to read through your lease.
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Appletreesrtall



Joined: 09 Oct 2007
Posts: 56

PostPosted: Sun Oct 11, 2009 9:11 am    Post subject: Reply with quote

Thanks Gambate. I haven't actually pin-pointed when I will put in my 3.5 months in, but I do know I need to quit. I will definitely keep your words into consideration. Very Happy

Unfortunately, I don't have a copy of the lease. Payment for the aparment comes out of my paycheck from my employer, and they in turn pay the leaser. I -do- know that the last teacher at my Eikaiwa was in my apartment, so I don't know if my boss is just continuing the lease from when -she- first started.

This is the cruddy thing. I want to get as much information I can about the apartment, but it's like I can't get that information unless I go through my boss. The last thing I want to do it to get them pissed even more for information I should be able to know. Plus asking about information about my living arrangements after things haven't been going soo smoothly might just spark some more flames. Oi ve.
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GambateBingBangBOOM



Joined: 04 Nov 2003
Posts: 2021
Location: Japan

PostPosted: Sun Oct 11, 2009 9:38 am    Post subject: Reply with quote

If that's the case, then your landlord just continued the lease. The apartment is in the owner's name. It cost them nothing for you to move in, they just continued renting a place they already had.

To get an idea go to www.apamanshop.com and look at apartments in your area. It's only in Japanese, so you might need someone to help you with it.
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Appletreesrtall



Joined: 09 Oct 2007
Posts: 56

PostPosted: Sun Oct 11, 2009 9:41 am    Post subject: Reply with quote

This is I think what's really confusing. me. Since the contract says "reimburse the costs for securing the rental for the apartment in full".. but they just continued the contract.... am I expected to pay for what they put down for the teacher before me?
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cornishmuppet



Joined: 27 Mar 2004
Posts: 642
Location: Nagano, Japan

PostPosted: Sun Oct 11, 2009 12:23 pm    Post subject: Reply with quote

I'm sure someone (probably Glenski) will post the actual links but that clause in your contract is almost 100% likely to be illegal and/or unenforable, meaning you don't need to worry about it. If you mention you plan to visit the labor standards office she'll probably back down. It sounds like a typical try-to-make-the-foreigner-who-doesn't-know-better-stay-for-the-full-contract type clause. My first employer changed (!!) my contract a few months in to state that if I left early I'd have to pay costs for the book fair/english teaching seminar in Tokyo that I was forced to go on during my second weekend in Japan. His decision was fueled by a couple of teachers realising he was an a-hole and leaving early. As it was, he sold the company from under me before I came to leave.

Bottom line is no one can make you pay those costs, without even mentioning that they were originally paid for another teacher before you. Don't even entertain the thought of paying. Keep your money in your pocket and stand your ground. Don't let another lying scumbag excuse for an eikaiwa owner get one over on a foreign teacher.
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Glenski



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

PostPosted: Mon Oct 12, 2009 12:11 am    Post subject: Re: Getting out to move on Reply with quote

Appletreesrtall wrote:
To quit, my contract only states two things:

1- I have to give 3.5 months notice before my last working day
2- If I quit or was to be terminated, I am responsible for reimbursing the owner for all costs related to securing the rental of the apartment in full (unless the next staff member moved into my space).
#1 is a bogus time limit. The employer only has to give you 30 days or pay in lieu thereof. #2 is against labor laws. Moreover, someone will be around to snatch up your job in less than a week.

Quote:
So here is my question:
What is average for putting money down for an apartment?
This will vary a lot. Some places these days want nothing more than a month's rent in deposit. Others will ask for 2-5 months's rent equivalent as key money. How much that is in terms of yen will cover quite a lot of ground, depending on the apartment and location. I know people who've paid 20,000-30,000 yen/month while others pay over 80,000.
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Appletreesrtall



Joined: 09 Oct 2007
Posts: 56

PostPosted: Mon Oct 12, 2009 3:58 am    Post subject: Reply with quote

Thanks for the reply Glenski.

Although #1 may be a crazy time limit, it didn't seem too crazy to me since they were hiring me from out-of-country.

Now knowing that #2 is against the labor laws, that at least gives me more confidence. I still don't know exactly when I will put my notice in, but I don't want to do that right now considering I am in the middle of creating an intensive class, and don't want to leave that unfinished (I do care about the kids, and if I'm not gonna do it, who knows who actually will). Is there anything she can hold a valid point in with regards to the apartment? As in, is there something I am overlooking? Just the term "contract" scares the pants off of me (lol), and I didn sign to agree with it. I guess I'm afraid that she will hold my signature and ignorance of the matter against me.

Also, is it really a high chance that someone will "snatch-up" this job in less than a week? I'd rather give a warning out to anyone who finds the job through this website (it's how I found out about it; I also know there is some post in regards to jobs to look out for?). It took her a long time to find me from what I gathered from the assistant, and there were not a lot of other applicants.
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Appletreesrtall



Joined: 09 Oct 2007
Posts: 56

PostPosted: Mon Oct 12, 2009 4:07 am    Post subject: Reply with quote

Also, where does it state in the labor laws where it is illegal to ask the instructor to reimburse the employer for costs to retain the instructor's living arrangements? I am trying to look through it all right now, but am not having soo much luck. Finding some other interesting points that are against the law too..hmmm...
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Glenski



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

PostPosted: Mon Oct 12, 2009 9:05 am    Post subject: Reply with quote

Appletreesrtall wrote:
I still don't know exactly when I will put my notice in, but I don't want to do that right now considering I am in the middle of creating an intensive class, and don't want to leave that unfinished (I do care about the kids, and if I'm not gonna do it, who knows who actually will).
As much as you may feel for your students, don't get caught up in the feeling. If you leave, they'll replace you in a second. It's not up to you to care about the future lesson in a course where you aren't there. That may sound harsh, but it's reality. If you knew those students would be in good hands, perhaps you'd be justified in feeling differently, but you can't know that.

Quote:
Is there anything she can hold a valid point in with regards to the apartment?
You cannot be evicted in less than 6 months, if that's what you're asking. Also, you can only be required to pay for damage that is above general wear and tear.

Quote:
Also, is it really a high chance that someone will "snatch-up" this job in less than a week?
It's possible. You haven't said anything about it, so who can say? You know the market is flooded right now, and people are desperate enough to take low paying jobs. Why should you care anyway whether they have a replacement? That's not your responsibility. Give reasonable notice and feel no guilt. Move on.

Quote:
If I quit or was to be terminated, I am responsible for reimbursing the owner for all costs related to securing the rental of the apartment in full
This is an unreasonable penalty. If you resign or are fired!!!??? C'mon. What other options are there? The labor law I was referring to was the one that says this:
(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.

It is also connected to this one:
(Restrictions on Sanction Provisions)
Article 91. In the event that the rules of employment
provide for a decrease in wages as a sanction to a worker,
the amount of decrease for a single occasion shall not exceed
50 percent of the daily average wage, and also the total
amount of decrease shall not exceed 10 percent of the total
wages for a single pay period.

Quote:
I don't have a copy of the lease
Why not? You're entitled to it since you live there and need to know the contract with the landlord.

GambateBingBangBOOM wrote:
If that's the case, then your landlord just continued the lease. The apartment is in the owner's name. It cost them nothing for you to move in, they just continued renting a place they already had.
Absolutely right. To ask you for security deposits and rent for the remaining time is ludicrous.
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trickster



Joined: 29 Apr 2009
Posts: 7
Location: Japan

PostPosted: Tue Oct 13, 2009 2:35 am    Post subject: Reply with quote

Hi Appletreestall

I can't offer much advice, but just wanted to write and say that I am in a very similar position to you. No guidance, no syllabus, no breaks between classes (sometimes 5 hours with no break), a CCTV camera in my classroom used for spying....the list goes on.

I also am supposed to give 3 months notice to my employer if I want to leave and I know this is not legally enforceable. I have found out that my Boss has such a bad reputation in the city that I live, that it will be quite difficult for her to find willing workers to take my place. The 3 months notice period enables her to employ unwitting workers from abroad.

Like you, I also don't want to give up on Japan and am trying to remain sane, whilst looking for something else.

I just wanted to wish you the best of luck!


Trickster
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