Hi everyone, because I am in a unique situation, I want to clarify my understanding of what to do if I get dismissed, get asked to resign, or am asked to agree to a PIP. Can anyone tell me if they think my current plan is sound?
Key facts
- I work at an expert network, and the role is like a blend of sales and recruiting (see here: https://old.reddit.com/r/expertnetworks/comments/1dormrr/is_it_likely_that_i_an_employee_of_an_expert/ )
- work is basically 100% remote (I may be asked to travel for work according to my contract, but they have never asked me to do so.) from Japan
- My contract states that my working hours are 40 hours a week, 8 hours per day from Monday to Friday
- The contract makes no mention of fixed overtime (固定残業代), although I occasionally work overtime which I've tracked. I verbally confirmed with my manager that under law, the company has to pay me additionally for any overtime (which is separate from any bonus), but the manager also said that the company policy is that they don't pay for overtime, which he acknowledged is illegal.
- the "employer" in the employment contract is an "employer of record" (EOR) in Japan who assigns me to the Hong Kong office of a company based in the UK
- my employment contract does not have a fixed duration (it ends when the employment is terminated in accordance with the terms in the agreement). I interpret this as being an unlimited term contract.
- I started working on 25 March and the probationary period is 3 months, so it has already ended
- the employment contract states that the employer may end the employment for just cause in accordance with Japanese employment laws, providing 30 days of written notice, or 30 days of ordinary wages in lieu of notice.
- I have sales targets. In May I hit 50% of the target and in June I hit 70% of the target. It is obviously not meeting the target, but I still think my performance is sufficient to the extent that it cannot be said that my performance is so insufficient that I cannot work there.
Here is my current plan in these scenarios.
Dismissal (解雇): If they tell me verbally, through a Slack message, email, postal letter, virtual meeting, etc. that my employment is being terminated, I plan to ask them for a written explanation of the reason why I'm being dismissed (解雇理由証明書) and inform them that I believe the termination is wrongful and that I plan to keep working. In addition, I will also send a postal letter to the EOR asking for the same, using ordinary registered mail (一般書留), certification of contents (内容証明) and delivery certification (配達証明). I will try to keep working to the best of my ability. In the case that they shut down my access to the IT systems, I will send them another letter saying that I am trying to work, but I'm unable to because I can't access the IT systems. In this case, I will seek a lawyer, and try to get the company to rescind the dismissal.
Asked to resign (退職勧奨) If I'm asked to resign, I will clearly state my refusal to resign. I will be sure to state the same in writing, if I initially make the statement verbally during a meeting. If I'm asked for a meeting in the future, I will ask them to state the reason for meeting and, if the reason is to discuss resignation, I will decline such meetings.
PIP (Performance Improvement Plan) If I'm asked to sign a PIP, I will carefully review it for negative penalties (like salary decrease or termination). If there are any negative penalties stipulated, I will not sign. Instead, I would say in a Slack message that I am striving to improve my performance, but I will not agree to the negative stipulations stated in the PIP.
Asked to return my corporate laptop I would confirm if this is being requested as a work assignment, or because I'm being dismissed. I would return my computer following their instructions. I would send them a letter through postal mail that I intend to keep working at the company, but I was asked to return my computer, and if I'm dismissed, that I want to continue working and that I believe that the dismissal is wrong.
If I do get dismissed, I also need to remember to apply for extension of health insurance benefits within 20 days of the dismissal.
Also, I'm sorry that I don't want to name the company I'm assigned to or the EOR as I'm the only one who worked at the company located in Japan. I heard that an employee agreed to resign a couple months ago after working for four months, so I wanted to prepare myself.
I do plan to speak to a lawyer about this sometime, but I'd like to hear advice from anyone who has similar experience. Sorry for the long message, thanks!
by siajjasnnd