I’ve been looking all over the internet and I keep getting advice that doesn’t apply to me and I was wondering if someone else knows the law better.
First of all, my visa status is not an issue in this case. I have a main job in Japan that makes most of my paycheck and things are fine with them. I also have another job that makes up for any lack in my pay so having money for rent and such is also a non-issue.
When I was looking for side gigs (before the 2nd job I mentioned), I joined a company as a freelance tutor. The contract was… weird when I signed it, but I was desperate for jobs at the time so I didn’t think much of it. I agreed to teach 2 classes and was assured I would be getting more, but they never came. I was also not informed about having to pay my own material costs and that my transportation costs to the locations they sent me were not fully covered.
Part of the contract said that I had to teach any new student I took on for at least 6 months. At the time, I assumed it meant I couldn’t ask to switch work days/ students and was like, “Yeah, sure, I know what days I want for work days, no problem”, but it became clear after my first class that it was not the kind of job I was promised. I had bad vibes so a few days later I sent a letter of resignation saying I would work until 1 month later (May 10th) and I was sorry it didn’t work out.
And then he reminded me of the 6-month policy and now says if I want to quit, I have to pay him for all of the classes until October I WOULD have taught. It’s not a crippling amount of money (one of the classes quit for personal reasons and I already taught one month of the 6, so it’d be about 6man in fees) but it’s more than I can throw around willy-nilly.
My new job said it sounds super illegal and 6 months is extremely unreasonable and he’d be willing to let me use his lawyer to make them back off (an extremely nice offer). But the boss at the job I’m trying to escape says I’m not an employee so the 1-month resignation rule doesn’t apply to me. I’m classified as a business partner and I’m liable for any damages the company suffers (aka, the 6man in class fees).
Has anyone had to deal with this before? What do I do? I mean, the easiest way seems to be “try to get fired” but I think they don’t have a lot of employees because it’s shady AF. I told them to find a new teacher to replace me or switch in a new one ASAP and they’re still like, “We’ll try, but you need to plan to work here until October.”
I don’t want to throw my new employer under a bus with legal fees over 6man, even if he offered. Any advice?
8 comments
Pretty sure any contract signed is a one month notice, no penalty guarantee but I’m not a Japanese law expert.
If you have access to a lawyer I’d take it. If it is illegal, chances are you’ll find out in a hurry after a chat with him. If the owner isn’t an idiot and knows that he’s extorting you then he’ll back out the moment you have a lawyer I’d imagine
I worked for the worst eikaiwa in tokyo. Name was something like “tokyo international something”. They advertise daily in craiglist. Its 2 schools managed by 2 Chinese (man and woman in their 50s).
There was no contract, I only needed to sign a piece of paper.
I told them like 3 weeks before my last day but they tried to force me to stay for 6 months. They were very angry cause I was practically laughing and saying there was no contract and they pay me in cash. They said I signed a contract and I couldnt leave. All this for one or two hours of work a day.
I tried to explain I had just found a full time job but they didnt care or understand.
Do you have a copy of your contract?
There are free lawyer consultations, you could take it there to see how legal or serious the consequences are.
This sounds ridiculous, if you are an employer, either as a self-contractor, Full-time or part-time there is no such thing as six months notice. If you’re a business partner, then you’d part owner of the business and liable to the creditors/ investors..
Long story short. Minimum notice period for any employee is 2 weeks, that’s the law, no Grey area. You just need to check your contract for what terms you are part of the business.
I’m pretty sure you didn’t sign under any pretense of being a partner, and if he failed to mention that or stipulate it in the contract, you’re an employee.
Leave. You can get free advice from the Labour Standards Bureau.
https://www.mhlw.go.jp/english/index.html
The problem here is that you are a contractor, which means labor law does not apply. Instead of labor court, you’d have to go though civil court.
I think you’ve put yourself in a very sticky situation. Labor law does not allow companies to fine employees for quitting; but since labor law does not apply here, it’s quite possible a judge might see that contract as valid – after all, you accepted the terms.
However. No one can just arbitrarily demand payment for supposed breach of contract. He has to prove you breached contract by suing you first. That means he would have to get a lawyer and take you to court. You also would need a lawyer to defend you.
Court cases in Japan are long and arduous. He would very likely try to settle out of court instead of going thought a long and expensive process.
I suggest, then, that you get advice from a lawyer who specializes in such cases. In general, most law offices will give you a free/cheap 15 minute consultation. The lawyer will be able to advise you as to your next step.
If – and I do mean IF – you really are liable, the lawyer will help you negotiate a settlement.
I guarantee you this guy put that clause in there as a bullying tactic, because he thinks foreigners are stupid and helpless, and this allows him to take advantage of anyone he hires. It has probably worked for him before.
Long story short: consult a lawyer. Here are some resources:
If you are in Tokyo:
https://www.hataraku.metro.tokyo.lg.jp/soudan-c/center/e/
https://www.check-roudou.mhlw.go.jp/soudan/foreigner_eng.html
If you are not in Tokyo:
https://www.houterasu.or.jp/en/
Maybe it’s just me but I would cut off all contact with that company and never go back. I wouldn’t want anything to do with them.
That contract is utter bollocks. Just leave
If you can speak Japanese or have someone who speaks Japanese call the labour bureau. From what they told me , regardless of the 1 month notice for quitting you just need to give a 2 weeks notice. But I’m not sure if the type of contract or being considered as a business partner applies. You should contact the labour bureau though cause they will tell you if its illegal or not and they will give a call to your boss. No need to pay for a lawyer and its free to consult with the labour bureau
It sounds like a contract from “English Village”.