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  • fuckedgaijin ‹ General ‹ Gaijin Ghetto ‹ F*cked Advice

Leaving a Fixed-Period Contract Early

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18 posts • Page 1 of 1

Leaving a Fixed-Period Contract Early

Postby flickman42 » Tue Jan 25, 2011 11:10 pm

I have been working for my company for nearly 3 years and am currently on my third contract, which ends at the end of February. I was interested in signing a new contract with my company, since things have been acceptable for the most part, but was informed back in December that I would be denied a new contract.

For the last month, I have been pulled back and forth by the company since then. After winter vacation, I was told they would re-sign me, but I would need to apologize to the Japanese staff in the Head Office of my company for asking too many questions about company policy (what they consider my "being difficult"), as well as a school manager who was angry at me for the same issue.

I was in the process of complying with some of their conditions (I apologized to the school manager for causing any misunderstandings but not for asking the questions, as well as for "making her think I was angry at her"). I was just informed today that they had now decided for sure that they don't want to give me a new contract.

In accordance with the Labor Standards Law, I demanded written reasons be submitted to me promptly.

What I don't fully understand is if I were to leave my job now, rather than sticking around for the last month, would I be breaching my contract in a way that could lead to legal problems for me? I will continue to live and work in Japan after I am finished with this joke of a company.

I would greatly appreciate any help anyone has, as many of you probably have WAY more experience in Japan than I do.
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Postby IparryU » Wed Jan 26, 2011 9:56 am

flickman42 wrote:I will continue to live and work in Japan after I am finished with this joke of a company.

if you would not have been thinking this... i would have told you this.

where do you live, what do you want to do, and where do you want to do it?

i would just say go to a competing company and apply there, they usually like it when teachers from rival schools/eikaiwa/etc. go to them (i would guess)
"I thought what I'd do was, I'd pretend I would pull out, but won't."
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Postby flickman42 » Wed Jan 26, 2011 11:22 am

Luckily, I have already found a new job! I wouldn't mind just leaving my curent job and heading to the new one, but since I am not a person who is quitting and returning to my home country, would my company be able to take me to court for "causing damages to the company" by leaving before the completion of my contract?
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Postby wuchan » Wed Jan 26, 2011 12:01 pm

I sense eigo sensi in you.


This is very typical of small english schools. Many of them view foreign staff as talking dogs, they need them to hunt but if the dog barks they get smacked or replaced. I know of a local one that does things like this all the time. They MUST have a LEGAL reason to not renew your contract and "asking questions" does not fall into that category. You have some choices here, the first is to walk away. If you do they don't have to pay you for the remaining days and will probably delay your final payment for days worked for a few months. Second, you can look for a new job now and finish your contract. The second option will look better to your next employer. Finally you have the most fun option, join the General Union ASAP. They will help you with the failure to renew problem and over the next year or two you can fuck with your employer as much as you want. As long as you don't break the law or contract with the company, the union will protect you and the company will cower in fear. Small schools won't fight the union because they don't have the money to.
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Postby Samurai_Jerk » Wed Jan 26, 2011 12:12 pm

If you already found a job and they are willing to wait till you finish your current contract, it's the best thing you can do for your resume. You should also swallow your pride, be nice, and try to get a couple of people who are willing to be your references in the long run.

By the way, what kind of questions were you asking and why?
Faith is believing what you know ain't so. -- Mark Twain
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Postby AML » Thu Jan 27, 2011 9:41 am

It really itches my ass when these stupid ekaiwas think they can treat people like that.

WE are the only reason they even exist!

As a matter of principle they should all be sued!

And we should start a list of fucked schools and companies so noobs know not to deal with them.

Only problem with this is that there wont be many left for us to choose from...

Ill start the ball rolling with a couple:

BAD: interac/maxceed/selnate (or wateva they call themselves)

Good (or not bad): OTC (on a part time basis)
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Postby flickman42 » Fri Jan 28, 2011 1:11 am

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Postby flickman42 » Fri Jan 28, 2011 1:17 am

Also, I did go to the Union and they basically did nothing for me. Gave me a book, that's all. Their answer was, "You signed a contract, so just apologize to them."

Obviously at this point, I don't want my job back, seeing as how I already have another job, but I would like to get back at my company if at all possible. I know a few things that I think are illegal according to the Labor Standards Law, but I don't really know if anyone will actually listen to me since it seems like I'm coming from a "getting even" mindset. That's the feeling I got from the people at the Union.
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Postby Osakadave » Fri Jan 28, 2011 5:49 am

flickman42 wrote:Also, I did go to the Union and they basically did nothing for me. Gave me a book, that's all. Their answer was, "You signed a contract, so just apologize to them."

Obviously at this point, I don't want my job back, seeing as how I already have another job, but I would like to get back at my company if at all possible. I know a few things that I think are illegal according to the Labor Standards Law, but I don't really know if anyone will actually listen to me since it seems like I'm coming from a "getting even" mindset. That's the feeling I got from the people at the Union.


Some questions

1) Where are you - Kansai, Kanto, or elsewhere?
2) Was it the GU or another union?
3) Did you call or visit in person?
4) If it was the GU you talked with, would you mind letting me know who it was by PM?

When I was in Japan, I put in a fair bit of time working for the GU, so I know how they operate. It sounds like certain things could have happened.
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Postby Yokohammer » Fri Jan 28, 2011 6:07 am

All of this over a couple of Halloween parties and tissues?
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Postby Fullback » Fri Jan 28, 2011 6:24 am

I'm sorry, but I just couldn't read through it all.

Apparently you are young. People suck, and no matter where you work, there will be fools, frauds, worms, liars, idiots and sleazeballs. Get used to it. Consider yourself lucky if you go through an entire week without wanting to do grievous bodily harm to your coworkers, bosses or customers.
Eh?
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Postby flickman42 » Fri Jan 28, 2011 11:53 am

Fullback wrote:I'm sorry, but I just couldn't read through it all.

Apparently you are young.


Yeah, it was long, but I think it could happen to anyone regardless of age. Also just like someone said a couple of posts ago, all this was over some Halloween parties and tissue. That's weird no matter no matter how old you are.

Sorry if I wasted anyone's time with the novel, but back to my original question: If I walked out on this job could they claim that I caused damages to the company and have a strong case? The law just isn't very clear to me on that.
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Postby Samurai_Jerk » Fri Jan 28, 2011 6:35 pm

flickman42 wrote:Yeah, it was long, but I think it could happen to anyone regardless of age. Also just like someone said a couple of posts ago, all this was over some Halloween parties and tissue. That's weird no matter no matter how old you are.

Sorry if I wasted anyone's time with the novel, but back to my original question: If I walked out on this job could they claim that I caused damages to the company and have a strong case? The law just isn't very clear to me on that.


You can leave any job you want with two weeks notice (one month if you're a manager). Even if you don't give two weeks notice the most they can do is sue you for damages after the fact which they would never do. With holding pay is illegal regardless of what your contract says. However, there is nothing you can do that will get back at your company that will hurt them more than it hurts you. Get over it, eat shit and grin. You're almost ready for the corporate world ... almost.
Faith is believing what you know ain't so. -- Mark Twain
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Postby sillygirl » Fri Jan 28, 2011 7:21 pm

Samurai_Jerk wrote: Get over it, eat shit and grin. You're almost ready for the corporate world ... almost.


Exactly. Suck it up, finish your notice and look forward to your new job. Bit of the old gaman is required...
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Postby AML » Fri Jan 28, 2011 9:30 pm

Yes yes, but how can he screw them over after he leaves?
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Postby Iraira » Fri Jan 28, 2011 11:43 pm

AML wrote:Yes yes, but how can he screw them over after he leaves?


America invented the fine art of "going postal"....just a suggestion.:ninja2:
Note: While it's fun to think about, and might get rid of some of your pent up stress if you do think about it, don't actually do it
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Postby flickman42 » Sat Jan 29, 2011 2:24 am

Samurai_Jerk wrote:Get over it, eat shit and grin. You're almost ready for the corporate world ... almost.


When you eat shit in Japan you have to put shouyu on it and yell "oishii" or "umai" afterwards, right?

Thanks for the advice everyone, looks like I'm just gonna have to put my man pants on and work out the pent up rage on the heavy bag.
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Postby Greji » Sat Jan 29, 2011 8:54 pm

flickman42 wrote:When you eat shit in Japan you have to put shouyu on it and yell "oishii" or "umai" afterwards, right?

Thanks for the advice everyone, looks like I'm just gonna have to put my man pants on and work out the pent up rage on the heavy bag.


"Oishii" works, unless you're leaving Japan for good, then have at 'em. But, I think the major point which has been alluded to herein, Japan is a small country with a strange link of connections. These range from family members, school mates friends and fellow workers. Almost all fall under the senpai/kohai rules of engagement, which put frankly, translates to "ya fucks one, ya fucks all". You never know when you will run into a senpai, or kohai, or friends/acquantences of your former company's class of assholes. They only need to drop a word to, or within your new company to create problems that you as the noob will have to defend against with great effort. Sounds far fetched, but it happens.

So it is best to chow down and say "oishiiiii" and try to leave without making waves.

If you're leaving country and sure you won't be back, nuke 'em till they glow, but if not, "umai" pays better....
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