Hi all,
I asked for a free consultation from TECC about this – but their response was pretty vague. If you can recommend any good contract lawyers please let me know!
In my work agreement, there is a clause that says:
“As a general rule, this contract cannot be cancelled within the contracted period stated above.” e.g. if my contract is from 1st March 2023-1st March 2024, I could not leave this job until the end date.
Is this legally enforceable? There is no penalty written or anything like that – so not sure what they could do if I decided to quit.
My job is quite similar to a dispatch ALT, so I reckon if I did leave I could say that my contract was illegal in the first place as I am not a “business”. Has anyone had any experience with similar clauses in a gyomu itaku contract?
Thanks in advance.
5 comments
That doesn’t sound like gyomu itaku at all. If it wad then your company would need to provide service under the terms agreed in your companies contract?
If you’re actually a contract worker however, then you’re required to work for the duration of the contract unless a) you come to mutual agreement on change of the contract (termination in this case) B) the work relationship has lasted for over a year in which case you can quit with 2 weeks warning just like a permanent worker
What the fuck, no.
**You can’t sign your rights away**. About one month notice is standard if this is your first contract, then the it drops to two weeks for every subsequent contract. Matter of fact, if the working conditions are different than what was described to you, then you can quit immediately.
Ok more serious answer.
If you’re on a 業務委託 contract, then the Labor Standards Act should apply.
[Labor Standards Act – Japanese/English – Japanese Law Translation](https://www.japaneselawtranslation.go.jp/en/laws/view/3567)
I’m not seeing anything immediately, but I’m sure someone will correct me.
Here’s a free English consultation phone number.
[相談機関のご紹介(Advisor for Foreign Workers Section)｜確かめよう労働条件：労働条件に関する総合情報サイト｜厚生労働省 (mhlw.go.jp)](https://www.check-roudou.mhlw.go.jp/soudan/foreigner_eng.html)
The reason why you are only getting vague responses from the labor consultation place is because that contract is absolutely enforceable on some level. You will not get any clear answers from a labor attorney either. The only practical advice you will get is to renegotiate the contract to have an agreeable termination clause.
I’m not a lawyer and am not your lawyer, but if you’re actually a dispatched ALT and they are putting you under 業務委託 then it’s probably completely unenforceable.
a 業務委託 is a contract between two businesses. Business contracts can have terms that specify how long they last and require performance over the full period.
your claim to not being a “business” misunderstands that an individual can sign a business contract and enter into business-to-business relationships. You most definitely can.
The question is whether this is an actual 業務委託 arrangement or not. Figuring that out is a civil issue, but the factors include whether they are dictating your schedule and whether you have freedom in how you produce the work product. Odds on they’re just using this arrangement to try to evade labor laws. (see [https://jsite.mhlw.go.jp/tokyo-roudoukyoku/hourei_seido_tetsuzuki/roudousha_haken/001.html](https://jsite.mhlw.go.jp/tokyo-roudoukyoku/hourei_seido_tetsuzuki/roudousha_haken/001.html) )
If it’s fake and just a way to evade, then they will do absolutely nothing because they won’t want this coming up in court. Ignore freely.
If it’s real, they could potentially sue you.
The problem is the final determination is made by a court in a civil case — not by a lawyer just listening to your version.