Hey all,
I’ve done a search on google and here, but the answer is a bit unclear. I’m currently thinking of taking a job that requires me to provide two months notice (in the contract) if I wish to resign. However, I know that the labor laws only require 2 weeks notice minimum. In the case that I want to follow the labor laws only, there is nothing that the company could do, because laws override contracts right?
3 comments
Yes, the labour laws override contracts.
>I know that the labor laws only require 2 weeks notice
That’s true for non-fixed-term contracts (including >1 year and renewals). Labour law is explicit in this regard.
But if it’s a contract for less than 1 year, then 2 months notice is valid. For fixed term contracts the notice period can’t be “unreasonable”. 2 months is probably within reason.
They cannot penalize you for not giving their required 2 month notice, but they can revoke incentives, rewards or bonuses (though not salary) if such option existed.
i.e. “Applicant agrees to pay 100,000 yen penalty for not giving 2 months notice.” is not legal.
but
“Applicant is entitled to a 100,000 bonus if they give 2 month notice.” is legal.
Do you think slavery would be legal if it was In a contract?