I’m having sort of an emergency. I signed a contract with this English school here in Tokyo that conducts in-home lessons. I’m suddenly having a family emergency and need to return home to the states and I don’t think I’ll be able to come back, so I called the company owner today to discuss it about leaving in one month’s time.
Basically, he said that since my contract states that I should be able to accept lessons for six months if I break it I have to pay for each of the lessons I would miss in that period (which would be huge and I’m totally unable me to do so). And if I’m not able to do so they would leave it to their lawyer and I would be called to court. He said since I signed the contract as a “business partner” it doesn’t work the same as if he’s my boss or something. He said right now, per the contract, it’s not my right to leave Japan.
I have no idea what to do. I really need to return home but this is scaring me so badly and he was completely unwilling to compromise. Any advice on the situation would be greatly appreciated.
12 comments
If you don’t think you’ll be coming back, just get on an airplane and be done with him.
You can safely ignore those threats. However be prepared for the employer to try to screw with your pay.
I’m usually for sticking to contracts but it sounds like a shitty English school is trying to get you on the hook for some money. If you are flying out and not coming back, they aren’t going to chase you internationally.
> it’s not my right to leave Japan.
So you’re legally a slave? FFS, the day after your next paycheck, just ghost this guy.
That is a super “black kigyou” you got there.
Just ignore it.
This is against basic freedom right.
If you have time to “play”, you can answer your lawyer will sue them for reparation + share story to newspaper and TV
Empty threats. Ghost this clown and go to your family.
a bit hard to decipher what’s going on from what you wrote, but I’d guess:
1. You are an independent contractor who signed a contract to provide English lessons.
2. consequently, labor law *would not normally* apply as this is a business to business contract.
3. This would mean you as an independent contractor have a duty to supply the work you agreed to.
With all of that being the legal situation, there’s a history of abuse where companies try to use the independent contractor law to get around labor provisions. This has resulted in both laws and legal rulings about what differentiates proper independent contractor situations from abuses.
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In civil law anyone can sue anyone for just about any reason. Whether they will win or not, however, depends on the laws in question.
Simplifying quite a bit, the tests involved ask whether you’re being managed like an employee:
(1) Do you get to set your own schedule?
(2) Can they order you to specific things at specific times ?
(3) Does it even make sense to contract that part out?
Not knowing your situation and not being a lawyer (or your lawyer), I can’t comment on how that would go down in a court. **That being said, I severely doubt they would pursue legal action, because they probably don’t want to have their current practices brought up in court.**
Particularly, I’m assuming you don’t make much from this enterprise and that a judge is going to ream them for even suggesting to you that you can’t leave this arrangement to take care of issues at home (you did record this right?)
a bit hard to decipher what’s going on from what you wrote, but I’d guess:
1. You are an independent contractor who signed a contract to provide English lessons.
2. consequently, labor law *would not normally* apply as this is a business to business contract.
3. This would mean you as an independent contractor have a duty to supply the work you agreed to.
With all of that being the legal situation, there’s a history of abuse where companies try to use the independent contractor law to get around labor provisions. This has resulted in both laws and legal rulings about what differentiates proper independent contractor situations from abuses.
​
In civil law anyone can sue anyone for just about any reason. Whether they will win or not, however, depends on the laws in question. Here, the question would be is the contract reasonable and is it really a B2B relationship or is it cloaked employment. If it’s genuinely B2B, then they could win damages for your business failing to complete its obligations in the contract; if it’s cloaked employment, then both employment law applies and they could be penalized for trying to not give you those rights. The tests involved ask whether you’re being managed like an employee:
(1) Do you get to set your own schedule?
(2) Can they order you to specific things at specific times ?
(3) Does it even make sense to contract that part out?
Not knowing your situation and not being a lawyer (or your lawyer), I can’t comment on how that would go down in a court. **That being said, I severely doubt they would pursue legal action, because they probably don’t want to have their current practices brought up in court.**
Particularly, I’m assuming you don’t make much from this enterprise and that a judge is going to ream them for even suggesting to you that you can’t leave this arrangement to take care of issues at home (you did record this right?)
Run, do not walk, run away.
Trust me, I have a lawyer and he says their lawyer is a big old sissy and he’s going to go fight him, although please note that my lawyer is only legally allowed to practice bird law (which is okay because he’s every bit as real as the companies lawyer).
Worst case – contact Bryan E. Wilson, The Texas Law Hawk – note he’s a real lawyer who while not relevant to this situation made some hilarious commercials.
Shoot these guys an email.
[https://www.generalunion.org/](https://www.generalunion.org/)
I’m ambivalent on unions overall, but these guys seem to be on the right side of things, and their main thrust is aimed at English teachers in Japan.
What’s up with Japanese people with them threatening foreigner with Lawyers.
Two years ago, I got a threat from someone saying they’ll bring lawyer to deal with me. 3 of my other friends also had the same experience!
One thing that reckon after living in Japan for 9 years, is that, Japanese are soft. All empty threats.
So my suggestion to you is, if you need to go home that badly, then go home. Those Japanese can’t do shit.
Other people have already answered you. I just wish you the best though..