So basically, I guess I’m kind of dispatch but I have only worked at one school for 2 years now. Every year I have to sign a contract and by this time last year I had long since received my new contract however this year has been complete radio silence.
Due to this uncertainty I have been looking for a new position and it’s looking good for me to get a new job with a different company which will net me around an extra 60/70k month before tax. However, upon reading my contract it says that I have to give at least 30 days notice. I originally had no intentions of getting a new job but when it came to the time when I expected to receive my contract, nothing. I waited and waited but alas, nothing came, no post, no emails just nothing. My coworkers all said they had received theirs but I didn’t say anything during this conversation. My contract period is until the last day of March.
Am I going to end things with the company on a sour note if I don’t give the 30 days notice? I should also note that I don’t 100% have the new position yet but the guy who interviewed me said it looks really positive and the school doesn’t usually say no to whoever this company chooses.
If any of you have been in a situation like this, how did you break the news to your company?
by Paul_Uchiha1
15 comments
your contract is coming to an end. no notice required if you dont have a contract is the way i would play this. but ianal. either way, this is your second year in a contract so you only need to give 2 weeks max.
If you don’t have a new contract by the end of the month, you don’t need to give notice, you’re just unemployed. If they offer you a contract, you also don’t need to sign it, and you would be free immediately.
But to be honest, that’s not a question for this sub, but a question to your current employer.
Now assuming you’re employed, most companies ask for 30 day notice but Japanese law actually requires only two weeks.
Talk to your HR. Also, assuming you will still have a job come the end of the month, as a rule I would recommend to never quit until you have a firm contract and commitment from the new employer.
The new employer should also not expect you to join immediately as they know in Japan a 30-day notice is customary.
Your employer is failing here. Even if they didn’t / don’t plan to renew, they have a social obligation to notify they don’t plan to return to give you enough time to find something else. They dropped the ball or are in the wrong, feel free to switch.
The 30 day notice only applies if you are terminating the contract in the middle while it is ongoing (i.e. quitting after 6 months of working in a 1 year contract). But now since the contract is coming to an end and you are effectively not renewing, then no notice should be necessary.
Your employer has to inform you even if they don’t want to renew the contract. But why don’t you ask them? Then you can have better idea and feel free to apply for whatever position you want. Is there any reason that stop you asking?
If your contract is about to run out and you haven’t tecieved/signed a new one, then you don’t have to give notice as long as you leave after the end date of your current contract. However, if you plan on leaving earlier than the end date of your current contract, then notice rules apply as in your contract. Although, if you plan on leaving inside of 30 days before you contract ends, as long as you give 2 weeks notice, then technically that is still legal, although they may kick up a fuss. But being that you mentioned you are dispatch, as the school year has virtually come to an end anyway, they shouldn’t mind with minimal notice as graduations and important testing should all pretty much be done by now which would require your involvement. If they haven’t sent you out a new contract or even mentioned anything anything regarding not continuing your contract/losing their contract for that school, then it is all on them.
You don’t need to give notice about not renewing a contract. The 30 days notice in the contract is about leaving before the contract is up. (even then, you don’t *have* to but it would be the proper thing to do)
Now, if in the past you had verbally expressed that you will renew, they might be a bit unhappy, but they also should have already given you the contract to renew by now.
Right now, if I were you I would not say anything to the company you work for until you hear back from the prospective company. If you get the new job, then you can bring it up, and if the current employer is unhappy, you say “I didn’t know you were going to renew my contract, so I found other work.”
Also, tell the prospective employer that you need to know as soon as possible because the current company wants you to renew.
For me, when I knew I would be leaving, I gave a two month “notice of non-renewal” to my boss, but that was only because I had previously (six months before) verbally said in informal conversation that at the time planned to renew, and two months was the time required to neatly tie up the project i was working on.
Why do you have to give 30 days notice when your contract will end and you haven’t been offered a new one? Sounds like you just move on.
Ask your employer what’s going on. It might be a mistake on their part.
Check with your company. My company for example finishes on the 20th then starts new contract talks. They also check in with staff in January to see who plans on staying or not. People don’t need to respond. The reason being if you want to stay then a new contract is fine.
You cannot be “kind of dispatch…”
You can only be dispatched to the same client for a maximum of three years.
Thank you everyone for your advice! It really is greatly appreciated!!
You can give two weeks notice and quit. In general, contract workers aren’t allowed to quit unless their contract is up or if they give the notice that’s stipulated in their contract. However a major exception to this is workers who have been at the job for over a year. Once you’ve been there for a year you have the legal right to quit anytime with two weeks notice the same as regular employees.
You’re free to do whatever you like.
Ethically speaking, I’d strongly recommend emailing your (previous?) employer and say to that effect: “Pardon, but I haven’t heard anything about contract renewal or non-renewal. Could you please confirm via email within the next 24 hours whether or not this is intended to be offered?”
If they say that yes, they just forgot to send the paperwork and are very sorry, then you know you need to tell them “I’m afraid I assumed I was going to be unemployed and have since found other work that I will be taking and wanted to be sure I was clear with you before doing so.” if you have chosen this new assignment. If they say no, then obviously you are in the clear.
If they say “yes” AND you’d like to stay, I’d ask to come to the office to sign the new contract ASAP.
I’m sorry this is happening to you. Am currently at a place where things are being wildly shuffled suddenly. I don’t think anyone has been dropped quite like you, but if it were the same company I know this year to be unusual and if you have otherwise been mutually happy would hope you would give them a chance in letting them know they dropped the (very big and important) contract ball there. (If this is not the first thing and you’d rather move out, you do what is best for you ofc. Internet strangers aside.)
<3
So you’ve spoken with your coworkers, but not your employer? Why? If you want information, that’s the way to go.
Also, when would the job start if you got it? Money’s on April, which means there’s no need for notice if you don’t sign the new contract. Your current contract ends at the end of March, just don’t sign the new one if it does come, and go on your way.