Job Discussion Forums

[sabina]

I just received some news yesterday and I must head back to the states immediately. As I am really the only employee at my school, I realized that this put my boss in a tough spot but it's not like I want a vacation or anything. They gave me an ultimatum, basically if you leave, you can't come back.
I really, really don't want to leave Japan. I absolutely love it here. After I stay with my family for a bit, I would like to come back and work. I don't know what to do about my visa in this situation. I think if I leave, it will be canceled? Is there any way I can keep my visa, come back in about 2 months and resume working (at a different school)? I don't know what to do about my health insurance, alien card, taxes....?
My mind is almost incapable of forming a complete thought now so I apologize if this has already been answered somewhere on this forum.

[Apsara]

As long as you have a re-entry permit your visa will not be cancelled. You absolutely can leave for two months, come back and find another job, and nothing will happen to your visa- I once left for 6 months and came back in on the same visa with no questions asked. I have friends who work here and travel outside Japan for 2-3 months at a time every year.

You will need to make arrangements to pay for any health insurance and taxes due while you are away because you will still legally be a resident of Japan. If you miss payments while you are away there will be penalties added for lateness.

Take your alien card with you when you leave and bring it back with you, you don't have to do anything in particular with it.

[sabina]

omigosh thank you so much! I am so relieved to hear this.
If anyone reading this is searching for work, please pm me. I would really like to help the school find a replacement because they have been a great school-this incident notwithstanding.

[sabina]

one more thing: do I need a letter of release? If yes, is this like a form letter, or is there anything that the letter must specify?

[Glenski]

No, you don't need that to leave the country or to leave an employer.

It is not a form letter, although some employers may treat it as such.

http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
(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.
2. The employer shall, where a worker has, in the
period between being given the advance notice in Article 20,
paragraph 1 and the day of retirement, requested a
certificate in relation to the reason for the said dismissal,
issue the certificate without delay; provided, however,
where the worker retires after the day of the advance notice
on grounds other than those for the said dismissal, it is not
necessary, after the said day of retirement, for the employer
to issue the certificate.
3. The employer shall not include in the certificate set
forth in the preceding 2 paragraphs any matter that the
worker does not request.
4. An employer shall not, in a premeditated plan with
a third party and with the intent to impede the employment
of a worker, send any communication concerning the
nationality, creed, and social status or union activities of the
worker or include any secret sign in the certificates set forth
in paragraphs 1 and 2.

[Apsara]

You'll need the letter of release when you next renew your visa, but there's no need for you to get it right now, the employer should send it to you if you request it later.

[sabina]

[Glenski]

It's legalese. What do you expect?

[sabina]

one last question: Is there any way my employer can financially penalize me for leaving? Even though I really needed to leave like yesterday, I gave 2 weeks notice because I know what an inconvenience this is for them. They casually mumbled something like "oh laws in Japan usually require 2 months notice...." I thought it was something just said in passing but now I'm a little worried. My contract doesn't state anything about the amount of notice needed, but this is my first year (so I think I might have to give more...?)
I can understand how helpful it would be for an employer to have 2 months notice, but sometimes stuff happens and you have to go and deal with it!
oy vey.

[Glenski]