Posting on behalf of my GF.
My girlfriend is a works a customer facing job at a black company, she’s on a 1 year contract. After 8 months of hell she gave her 30 day notice in July for a better job starting in September. Her last day is the 19th.
Right from the get go the company has been retaliating: Her final month only has 2 days off (though they will pay her for the extra days), coworkers became more toxic, they gave her the worst shifts (15:00-24:00 then 06:00-15:00 next day, i.e. has to sleep ~5hrs on location) and didn’t let her take any of her annual leave (all 10 days she never used).
While we kinda expected this, this week has be particularly rough, high volume of customers for Obon + toxic/bullying behavior from her coworkers (esp. management). At this point it’s getting so bad that I don’t think it would be good for her health to continue.
The problem is I don’t really know what her options are… She has those 10 days she hasn’t used but the company won’t approve it. Also as a contract worker of less than 1 year her legal obligation is 30days. What kind of trouble would she get into if she just stopped showing up? Would the company just not pay for her remaining days? or would she get into any legal trouble? Any stories from people who have quit before the 30 days?
I know she’s close to the finish line (9 days left), but seeing her go through this has been awful. It’s so bad that she doesn’t even have time to go see a doctor or anything. I’m trying to be supportive and find a way for her to break this 30 day obligation, but there isn’t a lot online. The company is big and would likely have the resources to retaliate further (fines, etc..).
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Call in sick and don’t show up, 30 days is a courtesy, not a mandatory. Two weeks is the minimum mandated here.
sick all the way. but just send a text or mail.
i am sick cant come.
Everyone is saying call in sick, if you have positive corona result, you definitely can:t come in. Wink wink.
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But if its me, I’d just half ass all the work use free time inbetween on networking on like linkedin or recruit. This company is never going to give you a good recommendation anyway. If its about 1 week, I wouldn’t rock the boat.
Can you bullshit a “COVID close contact” type situation?
The paperwork might need to be approved, but you don’t need sick leave in and of itself to be “approved”, it’s a legal obligation and right. You inform them, and then you take it. If the company wants to throw a hissy fit, the mere threat of legal action ought to sort them out. (And if they’re still still stupid enough to dig in their heels, legal action *will* sort it out.) Don’t let those black companies control your life.
They can’t deny her using her 10 days. That is her legal right. When you leave a company, you are allowed to use your PTO during the notice period. Call up the labour office.
Let’s clear things up u/tokyohoon will correct anyone in any cases!
She gave 30 calendar days, the company accepted (Or it was her contract, whatever)
Japan is a country where you notify your company of you taking your PTO, you don’t ask them for permission, otherwise it would means they can decide when to set them up, and without going into details, it would be 99% illegal.
She can call in sick, and tell HR to use her PTOs. Make sure she does this via email or something where there is a written trace. You can do it tonight, and don’t show up from tomorrow.
As soon as the last day is over, I would send them an email asking to have all account settled within 7 days as is her right.
I would not ghost them as it would make stuff even harder.
For any trouble, you can call the Labor bureau (not hello work) they can advise you.
Please have her go to the Ministry of Labor to find out what they would advise her to do, and make it crystal clear what her rights are, especially given the abusive work environment. Go with her if you can, and bring any evidence with you, including her contact. Even if they don’t intervene, it can really be a relief to not feel so alone in this. I went through a similar situation last year this time, so please feel free to PM me if you’d like to just talk to someon else who’s gone down this road.
Get her to take her PTO for the remaining 9 days ASAP. She is legally entitled to the PTO and can take them at any time for whatever reason she sees fit without the need for company approval.
If the company tries to refuse, ask them the reason for refusal (get it in writing if possible) and assert her right to take the PTO anyway.
If she is quitting and her final day has been agreed upon, the company cannot exercise the right to change her PTO dates due to it being busy season because they cannot change the PTO dates to a date after she quits and is no longer an employee.
I know it’s mentally taxing and sometimes you just want the whole thing to be over with and forget about it, but if she can, she should try to collect evidence of toxic behaviour and report to the Labour Bureau.
Edit: Make sure she tells work about taking PTO through the proper channels (boss, HR) and preferably via email to leave a paper trail.
It seems she is averse to the idea of calling in sick, but the fact their behaviour is taking such a toll on her is enough to state that she is suffering mentally and needs the time off, and is a valid reason to call in sick. Just take the time off and relax. If they threaten her with any ridiculous legal nonsense or docked pay, just reply with short and sweet answers related to legal rights and ignore the noise.