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Weird (Illegal?) Contract Clause

 
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leftx47



Joined: 22 Aug 2011
Posts: 5

PostPosted: Thu Sep 08, 2011 4:53 am    Post subject: Weird (Illegal?) Contract Clause Reply with quote

I'm looking at an eikaiwa contract and had a couple of questions about the termination clause. (If it makes a difference, it would be my first year working in Japan, and I would need the employer to sponsor my visa application.)

First:
"Upon unprofessional and/or illegal behavior, Employer reserves the right to immediately dismiss the teacher without further pay."

This one's not a big deal, but I thought Japan had a 2 weeks notice rule? (Although I would understand if it didn't apply in the case of illegal behavior...)

Second:
"Teachers must cancel their Employer sponsor working visa immediately when they leave Employer before completion of the term."

I'm not planning on quitting or anything, but I thought one of the benefits of Japan (as opposed to Korea, say) was that the visa belonged to the employee so a bad boss couldn't hold that over you?

Also, a general question, if you sign a contract with a clause that contradicts Japanese labor law, does the contract then take precedence over the labor law? Can you sign away your rights in Japan?

Thanks for any advice.
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wayne432



Joined: 05 Jun 2008
Posts: 255

PostPosted: Thu Sep 08, 2011 5:30 am    Post subject: Re: Weird (Illegal?) Contract Clause Reply with quote

leftx47 wrote:
"Upon unprofessional and/or illegal behavior, Employer reserves the right to immediately dismiss the teacher without further pay."

Usually a company will give you a month's notice when firing. If they don't give you a month's notice, they have to give you a month's pay within the next week after your firing.

leftx47 wrote:
"Teachers must cancel their Employer sponsor working visa immediately when they leave Employer before completion of the term."

The visa is yours. If you quit or are fired, you don't need to cancel the visa.

If a contract contains anything that contradicts Japanese labor laws, then that contract is no longer abiding. The laws take precedence over the contract.

The "penalty" clause for quitting is also an illegal, yet popular used addition to eikaiwa contracts. It usually says something like "if you quit before your contract, or fail to give X amount of time before quitting, you are charged lots of money."
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Mr_Monkey



Joined: 11 Mar 2009
Posts: 661
Location: Kyuuuuuushuuuuuuu

PostPosted: Thu Sep 08, 2011 7:23 am    Post subject: Reply with quote

As far as contractually requiring you to cancel your visa, how do you suppose they could enforce it?
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Glenski



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

PostPosted: Thu Sep 08, 2011 12:39 pm    Post subject: Reply with quote

If you do something illegal, why would the employer want you to stay with them? They are your sponsor, so it reflects badly on them. No problem at all in firing you on the spot. Happened when a couple of NOVA teachers got arrested for drugs.


As far as forcing you to cancel your visa, they can't do that, and they have no right to do that. However, they can disavow themselves from continuing as your sponsor.
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leftx47



Joined: 22 Aug 2011
Posts: 5

PostPosted: Thu Sep 08, 2011 3:52 pm    Post subject: Reply with quote

Thanks for the responses.

I wasn't planning on either committing a crime or quitting Smile , but I wanted to make sure I understood all of the contract provisions.
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