Having a tough time with my boss who owns a small Eikaiwa. I have handed in my notice to start another job. She keeps saying I am breaking the contract, perhaps I am but I feel like I’m being reasonable. My contract says:
*A minimum of 8 weeks notice must be given. The leave date must be convenient for the school and will be decided on by the school.*
I’ve given 10 weeks and my last day being the last day of our working week – but I have a fixed start date with my next employer. I told them about the 8 weeks and they allowed 10. I told her this and told her I am leaving on a certain day. She is not having it saying that it’s “impossible to find someone new in 10 weeks due to visa’s etc” which might be the case but my contract says 8 weeks – I’m giving more than that time yet she is still angry.
She then said due to the contract saying that she decides when I leave I have to stay til June 2024, or the minimum the earliest and most convenient time is early December!!! I said my new employer needs me earlier and at X date. She’s saying I’m breaking the contract – but this contract seems ridiculous cos she can just trap me and say I’m not allowed to leave.
27 comments
You gave longer notice than stipulated in the contract. Your boss is just annoyed they have to find someone new. There is no law that will let them keep you prisoner until December.
You have more than what the contract says, so you’re already fine. I’ve learned myself that these companies will do anything to try to pressure someone into staying. It is tough and a little frightening when they make these threats, but they will not do shit and, in your case, can’t do shit.
If it helps calm your nerves, I had a job that the contract said I needed to give 3 months. I have them 1. Nothing happened, granted I was on a renewed contract which made it a little easier.
The guilt trip and overt hostility is just frustration. You’re fine. Just abide as much as you can but don’t get stuck. She’ll get over it and find a new employee.
She’s bullshitting you.
>The leave date must be convenient for the school and will be decided on by the school.
😂 Right, so… never?
This isn’t a country where the employer has control of your visa. The law is 2 weeks after having spent a year working for the company (Someone can correct me here). You offering more is more than you need to do. A small company can’t afford to sue you over this even if you were breaking contract.
Tell her to go fuck herself🤣 if it was me I’d leave right now
I’ve been living in Japan for about a decade now and if I had ever given my previous companies an 8 week notice they’d have been kissing my feet. You’re alright mate.
She is trying to fool the “stupid foreigner,” with all the crap. They can not force you stay remain there.
You gave 10 weeks when the contract said 8. You fulfilled your duty. She can decide a leave date that is SOONER than your 10 weeks notice, but she can not keep you longer.
Also, even if you gave the general courtesy 2 week notice, they really can not do anything to you. (As far as it being “the law,” heck, you could walk in and quit same day. The 2 weeks is the strongly suggested minimum. If you were a long-term employee or the company relies on you/your position to bring in a certain amount of income and without you, they suffer great financial loss, the supposed requirement is 3 months ~ but even that is debatable based on reason for quitting.)
8 weeks is on the contract, her saying you’re breaking it doesn’t make it true, you didn’t break it. Legally they can’t do anything to you, so you’re free to start the new job as planned.
I’d suggest not giving her your new employers details. She sounds like the sort to cause problems if she can.
“ah, guess you’ll have to fire me then.”
It’s bullshit. If she presses on anything, then just get a lawyer and she will either back off or lose money.
You should be fine. If you haven’t already, do not tell her about your new employer’s details.
If she keeps it up, go to your local free local consult, get their advice.
Recruiter here.
2 weeks is the legally required minimum you need to give an employer regardless of the contract you’ve signed.
(And you’re not even required to go to the office during those two weeks by law.)
Businesses contracts cannot override Japanese law therefore the clause in your contract that you are worried about is unenforceable and there is nothing that they can legally do about it.
Employment law in Japan states that you only have give two weeks notice. So yeah, she’s talking shit
Don’t engage with her her any further. You’ve given your notice, leave on the date you said. You don’t need to justify yourself or get dragged into any discussion on it. If she tries to talk to you or guilt trip you, just be a broken record and say your last day is on xx.
You might also want to send her an email simply stating your last day of work. As hard as it might be, try to be gracious and polite but keep it short. Make sure there is a paper trail since you seem to be well within your rights here. I would offer to help her find a new worker….or not hahaha! Good luck and hope your new job brings you joy!
I’m looking for a job by the end of September. Would you perhaps be willing to share the details? I already have a visa, it just needs to be renewed.
Never over share stuff with your employer, especially where you are going next. Just hand the resignation letter and that’s it.
Are you breaking contract? Yes. So what? You aren’t a slave, you are free to go at any time. You don’t even have to give two weeks!
And it’s up to them to decide to sue you or not (they won’t).
Stop talking to your boss, complete your schedule and anything else she wants to say to you, just request it to be written, or record it using your phone.
She is a business owner making a lot (more than you) of money, it’s part of making business to find staff. It’s her problem, not yours.
Research more about your rights and avoid situations like this in the future.
time to teach her the phrase: “tough nuts.”
Constitution > Law > Contract – Work Regulations > Wishes
Constitution guarantees freedom to enter/leave labor in general (Article 22 of the constitution – [https://www.mhlw.go.jp/stf/shingi/2r9852000002x4pz-att/2r9852000002x4v6_1.pdf](https://www.mhlw.go.jp/stf/shingi/2r9852000002x4pz-att/2r9852000002x4v6_1.pdf) )
Civil law says that for renewed contracts or indefinite contracts, 2 weeks is enough … (labor law article 627 [https://jsite.mhlw.go.jp/miyagi-roudoukyoku/library/miyagi-roudoukyoku/window/img/kiso_04.pdf](https://jsite.mhlw.go.jp/miyagi-roudoukyoku/library/miyagi-roudoukyoku/window/img/kiso_04.pdf) )
Love the small eikaiwa stories. Well, at least this one pays you.
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Law says two weeks. Give her two weeks and if she gives you any shit, tell her to contact the labor board if she thinks it’s unfair.
Tell her to call her lawyer and you can settle it in court. She’ll shut up. Why? Because you’re doing nothing wrong. You’re only obligated to give two weeks. Whether it’s convenient for the company or not.
What’s she going to do? Chain you to a desk?
And labor laws supersede her crummy contract, anyways.
Oh wait, is this the same person from the ‘my student yelled at me’ series?
Looks like I was right on the money with your boss. Leave.
Contracts are nothing more than a piece of parchment, two week notice should be service enough. But some companies love to hold contracts over some folks head. Not me, contract yes or no if I feel that the company is taking the preverbal piss I’ll walk regardless.
Please read the Japanese Labor Laws two weeks is minimum. They are available in English and Japanese.
https://www.japaneselawtranslation.go.jp/en/laws/view/3567/en
**(Prohibition of Forced Labor)
Article 5An employer must not force a worker to work against their will through the use of physical violence, intimidation, confinement, or any other means that unjustly restricts that worker’s mental or physical freedom.**
Forcing someone to continue to work for them by holding their passport or visa is labor by coercion in Japan and illegal and can face serious fines.
Also forcing someone to honor a contract when they have already give the legal required two weeks is illegal as well.
**(4)An employer must not conspire with a third party in advance to communicate any information concerning the nationality, creed, social status, or union activities of a worker, nor include any secret message in a certificate as referred to in paragraph (1) or (2), with the intent to impede the employment of a worker.**
Also read General Union website on labor laws and quitting.
https://generalunion.org/4871/
＊ **An employer cannot refuse your resignation. This may seem obvious, but we see more than a few cases per year of employers refusing to accept someone’s resignation. Be sure to keep evidence that the resignation was delivered – just in case.**
＊ **Only resign by e-mail or registered letter. While most people don’t have a problem while resign, evidence will be very useful if problems later arise.**
＊ **Don’t use profanity or sarcasm in your resignation letter. Discretion is the better part of valor, and the moral high-ground is easy to defend. Try to be professional in public, even if you don’t feel like it in private.**
＊ **Don’t use your resignation to air your grievances. A resignation letter may seem like an ideal place to burn your bridges and rage against a company that you feel has treated you unfairly, but resist the urge to turn your resignation letter into your own personal manifesto. We really can’t stress this enough. Less is more.**
＊ **You do not need to give an employer a reason for your resignation. Your reasons for leaving are your own private affairs. According to the law, you don’t need to justify your resignation to anyone.**
＊ **You do not need to share any information about your next employer. In addition to the previous point, you may find that your soon-to-be-ex-employer is suddenly very, very curious about your next place of work. As there are many employers who may take your resignation personally, it may be in your best interests to keep information about your next place of work a secret.**
**If you’re a union member, feel free to contact us if you have more detailed questions about the resignation process. Good luck!**