Hello! Thank you in advance for anyone who has any advice on the topic.
I am in my third fixed term year-long contract with my company in Japan. It specifies no resignation period. Additionally, there are multiple mistakes in the contract which I think may invalidate the whole thing because it was copied and pasted from another contract for an employee in another country.
All that to say, I called to submit my two weeks notice (not counting my owed company holiday) and my boss is threatening me. Additionally, they are saying I don’t have enough time to cover the additional two weeks because they want to prorate my PTO (but my contract says nothing about this).
Does anyone have any advice? Am I required to give one month’s notice as they are saying?
Again, any help would be greatly appreciated!!
Thank you!
8 comments
If you’ve worked there for over a year, you don’t have to give any notice at all, let alone two weeks. If they want to jerk your chain over this then HelloWork can straighten them out.
What is his specific threat? You aren’t required to give 1 month notice.
Regardless I’d reckon there is a 99.99% chance they can’t or won’t do anything about you quitting.
You’re boss can’t do anything to you. Unless you’re on a very specific visa your boss has 0 to do with your transfer. Just make sure to request in writing your exit paperwork within 7 days of your last day. I would literally laugh at him if he tries to threaten your visa or new job and explain you’d be more than happy to arrange a teleconference with immigration to explain how work visas actually work and the labor bureau to explain what he is required by law to provide for your departure and the time frames…
Honestly unless it’s a very small company I’d go to his boss or HR and bypass him entirely.
I’d also remind him that defamation is a criminal offense in Japan even if what he’s saying is true…
Enjoy your new job.
Fk them. Japanese employers often treat their employees like property. They had ample chances to get out of the 1800’s mindset of serfdom.
> Am I required to give one month’s notice as they are saying?
Article 627, Civil Code. After the first renewal, your contract was considered to be of indeterminate duration, and your legally required notice period is two weeks.
> they want to prorate my PTO
If you mean they want to give you a lesser number of vacation days as you are not working all of 2022, they cannot do that. Your vacation days are awarded in a lump at 6 months of employment, and every 12 months thereafter (unless your employer awards on a fixed schedule, in which case they are awarded at 6 months, and then on the fixed schedule day, and every twelve months thereafter).
> Ruining my reputation within industry and with the client
This would be defamation, and is *criminally* actionable. Make sure they know this. And also – do NOT tell them where you are going.
> Refusal of support of visa transfer (which from my understanding they have zero actual authority over?)
They have no hold over your visa.
Or preferably a labor lawyer. Lawyers get the rights to go through the company refs, your contract, and find what you need. They know the law so they know what is a mistake and if penalties apply.
From now on get everything in writing but do not reply. Record every meeting. A good lawyer might even find buried cash in all of this.
I can recommend a few but there was a law firm advertising on r/japanlife a week or two ago. I think it was Heartbrain or Brainheart or something like that— Google and find a good law firm. Don’t make a slip up as something you say might be used against you.
If they are threatening you I would consider recording future conversations which I believe is legal here (but please check)
Japanese bosses tend to react like this a lot of the time, they bully and threaten because honestly with a lot of Japanese they can get away with it as they’re not likely to actually go to a lawyer or the labor bureau. I also think some of these older guys just aren’t used to the idea of employees quitting especially with less than multiple months’ notice(yes it’s insane but Japanese will do this). Stick to your guns and definitely consult a lawyer if you need to. That should shut them down real quick