Hi! Need some insight! I’m a teacher in Tokyo in my first year and am considering quitting my contract end of the year, I.e., submit one month notice in December 2022 making January 2023 my last month technically. (I started in April 2022 & the contract is till March 2023.)
Thanks for your thoughts and opinions. Appreciate it a lot in this sticky situation.
Background:
I’m on a one year renewable contract and the company requires a one month period notice. The contract also says that they will take back the summer bonus if the employee quits before the one year period. Both summer break and winter break are paid vacations. Beyond this, there is nothing about the clause in the contract. Contract is quit simplistic and in English.
Questions:
1. Can I submit a resignation with 2 week quitting notice?
2. If I submit my resignation early December, making early January my last days of work; will they not pay for the paid winter vacation time? Will they not consider the early December resignation as a one month notice because the company is officially on holiday end of the year?
3. I’ve been consulting with lawyers and the labor bureau, but I want some general insight into whether employers are officially allowed to take back ¥¥¥ they have already paid you. I’ve learnt it’s a grey area etc, but looking for some hope to save the bonus ¥¥¥¥. Or any ideas. Thanks.
2 comments
I don’t see a grey area, but it depends on your specific contract. A lawyer will always say, “send me the contract”. It comes down to the specific wording.
Anyway, in my contract (not an English teacher), I need to give 30 days notice. That’s not 30 business days, that’s not 30 days not including paid holidays and paid time off. It’s straight up 30 calendar days.
So for me, end of year or maybe April 28th or something like that would be good timing. In fact, since my paid leave hits Jan 1, I could in theory pick a month with public holidays, give notice and take all of my leave and pretty much leave that day never to return. In practice though, leave has to be approved so it would end up being a negotiation with my boss on timing.
>1. Can I submit a resignation with 2 week quitting notice?
Since you are on a fixed term contract, you need to follow the notice period that is laid out in your contract. You don’t have automatically 2 week, notice, that’s for no-term employees only.
Your contract says 1 month, so that’s your notice period you have to give.
>1. If I submit my resignation early December, making early January my last days of work; will they not pay for the paid winter vacation time? Will they not consider the early December resignation as a one month notice because the company is officially on holiday end of the year?
If you have a X days notice period, you can give longer notice. The notice period generally includes non-business days and holidays, unless specified.
So if you have 30 days notice, you can generally give 60 days notice if you wish. But the employer may have shorter notice and may be able to terminate you in that case instead.
>1. I’ve been consulting with lawyers and the labor bureau, but I want some general insight into whether employers are officially allowed to take back ¥¥¥ they have already paid you. I’ve learnt it’s a grey area etc, but looking for some hope to save the bonus ¥¥¥¥. Or any ideas. Thanks.
If they can successfully claim that you are breaching your contract or damage the company somehow, it is possible that you will need to pay damages. It’s nothing definite though.