Job Discussion Forums

hellohello2 · Joined: 17 Sep 2010 Posts: 8

Hi everybody,

How legal is the 3 month notice period (when an employee wants to quit)? Is it legal to be so long? My employer also told me that if I quit before this period (which is in my contract), I would find it very difficult to renew my visa. They also suggested getting money back from me (as this is ALT work and they have a contract with the BOE). Any opinions on this?

Sorry, many questions!!

Many thanks

Samurai · Joined: 12 Apr 2004 Posts: 57 Location: Japan

Three months is pretty long...especially as the employer only has to give you 30 days notice when they want to get rid of you! Many companies ask for long periods of notice. It is up to you whether you want to agree to this. If you do quit early I doubt the company will take legal action given that they are breaking Japanese law themselves. They may rant and rave but that will be all they'll do.
If you were to quit your job, even within the 3 month notice period, the visa is still yours and you can apply for an extension through your new employer.
As for getting money off you should you quit early...this clearly breaks Article 16 of the Labor Standards Act. This article clearly states that there is a ban on predetemined compensation. In simple terms they cannot issue you with a finacial penalty.
This employer is a bully... Mad

I would be interested to know who the employer is. If you don't want to mention the company's name publicly...could you tell me in a PM?

tcatsninfan · Joined: 29 Aug 2010 Posts: 35

I would be interested to know as well. My wife and I are applying for jobs right now, see, so it'd be good for us to know who this employer is so we could go into it with our eyes open...

hellohello2 · Joined: 17 Sep 2010 Posts: 8

TokyoLiz · Joined: 16 Jan 2003 Posts: 1548 Location: Tokyo, Japan

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

They will not sue you. They may threaten to do that, but they will not waste the time, energy, or (more importantly) money on it. They will lose simply because if their contract states any financial penalties in it, the whole contract is void.

As for the 3-month legality, that is a gray area. If you have worked at a place for more than a year, then you only need to give 2 weeks' notice. But if you are in the first year of a contract, it is technically legally valid for them to ask for whatever they want for notice. It is up to you to decide whether you want to ask to change that before you sign it. (Consider what would happen if you were called away for a long-term family emergency and couldn't give that much notice.)

Look at it their way. They probably got burned by previous ALTs who left suddenly and gave them little or no time to find a replacement, so they put this clause in the contract. That doesn't mean someone won't leave sooner than 3 months anyway, and many people have, without repercussions.

Look at it another way. If previous ALTs left without giving much notice, perhaps they had a reason in the first place.

My reaction to this? Simple. It's a typical ALT dispatch ploy.

hellohello2 · Joined: 17 Sep 2010 Posts: 8

[quote="Glenski"]They will not sue you. They may threaten to do that, but they will not waste the time, energy, or (more importantly) money on it. They will lose simply because if their contract states any financial penalties in it, the whole contract is void.
e]

thanks again, great info.

hmm, if the contract is void, then the 3 month notice period is also void isn't it.....

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

Yes, but it may not always be easy to convince an employer of that. Gentle negotiation is required, especially at first.

hellohello2 · Joined: 17 Sep 2010 Posts: 8

yer, good point.

hellohello2 · Joined: 17 Sep 2010 Posts: 8

At first I told them I wanted to finish at the end of this month. So about 3\4 weeks notice. They are acting like I did not give this in. They say they have not been looking for a replacement while we 'negotiate', but while I was talking to them yesterday, I saw a new recruit come in to give the documents necessary just after you start at the company.

They then said it will cost them money ("20000 yen") to put a post on a recruitment site, but they have had a job post up there for months.

yametai Mad

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

If they are thinking that they can charge you for advertising and recruiting costs for a new person, they are crazy. That's just a normal part of business.

Are you saying that you have already given some notice on the job? I didn't understand your first 2 sentences of the last post.

hellohello2 · Joined: 17 Sep 2010 Posts: 8