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breaking contract... consequences? 2013/4/24 19:13
I a working at a small private school that I would really love to leave. The only problem is that quitting requires I give 6 months notice. I simply don't know if I can take it for that long. I don't yet actually have my working vista, but I will receive it soon. After I have that, what are the potential consequences of leaving without giving the required notice?

P.S. please do not attack my character for considering this I am definitely in a hostile work environment. Also, I am already aware the they would become completely useless as a reference.
by meanomon (guest)  

Re: breaking contract... consequences? 2013/4/25 08:34
Perhaps the school that granted you the work visa could revoke said visa?
by John B digs Japan rate this post as useful

Re: breaking contract... consequences? 2013/4/25 08:47
First, are you already working without your work visa? That does not sound right.

If you leave now, without the six months notice (which I consider extremely long), and they are hostile, they might inform immigration immediately that you left the company, thus your work visa will be revoked/not issued.

So if you are planning to leave Japan, that is fine. If you are planning to get the visa and find some other employer, that would create difficulties for you.
by AK rate this post as useful

Re: breaking contract... consequences? 2013/4/25 15:32
I a working at a small private school that I would really love to leave.

As others have mentioned, it is not legal for you to work without a proper visa. Both you and the company would be in violation of immigration rules.

The only problem is that quitting requires I give 6 months notice.

I'm not positive, but I think that may be in violation of labor laws. For those without a specified contract period I believe the longest notification period is 30 days. You would have to confirm that with an immigration lawyer though.

I don't yet actually have my working vista, but I will receive it soon. After I have that, what are the potential consequences of leaving without giving the required notice?

There are two issues to consider here. The first is that the company is required to inform immigration within 14 days that you left your job. That doesn't necessarily mean there will be consequences from that, but it could cause problems when you try to update your visa if you were able to find a new job.

The second is that it is very common for teaching contracts to have a non-compete clause in them that would prevent you from taking a similar job for a set period of time after leaving your current employer. Check your contract. If they are as bad as you say, then a clause like this could essentially make your work visa useless.
by yllwsmrf rate this post as useful

Re: breaking contract... consequences? 2013/4/25 17:47
Among Japanese companies, the notice period written in internal employment rules seems to range from 2 weeks to 3 months. I believe that 1 month is reasonable.

As far as the law is concerned, if the parties (meaning your company and yourself) have not set any employment term, meaning it if was not for a one-year or set-period contract, either party can express his/her intent to terminate the contract, and employment ends after two weeks (Civil Code).

If it was an employment for a year, for example, with annual remuneration agreed, then the contract can be ended in three months after such notice.

So "six months" period is not legally enforceable/binding.

To me, the issue might be more that you have been working (and the company has been allowing you to work) without the visa yet, and that the work environment is hostile. Best wishes that things go well.
by AK rate this post as useful

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