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Unable to serve out my resignation notice 2014/9/18 21:19
Hey everyone,

I'm in a bit of a tricky spot right now. I am currently working in a kindergarten in Tokyo, but I have to leave because of an injury to my back that I sustained at work. I need some advice.

On my employment contract, it states 'In the case that the employee wishes to terminate the contract, the employee is requested to provide written notification to the employer and two months notice. Employer may take legal action for any damage caused by the employee due to breach of contract'. Since I was trying my best to follow the terms stipulated in the contract, I handed in my resignation and two months notice. I also informed my employer about my intention to leave the country at the end of October.

I am one month into my two months notice and I've now reached a point where I need to leave immediately.

My back pain has worsened more than I expected and I was walking around with a painfully hunched posture which alarmed some of the parents and other members of staff. In an effort to straighten my posture, I went to an orthopedic clinic and he gave me a back brace along with a course of anti-inflammatory drugs and pain medication. While the brace is now squeezing my lower lumbar section and straightening my posture, it still hurts and I can't keep taking pain medication three times a day every day.

In addition to this, my pregnant co-teacher has understandably become very vitriolic towards me because I've now jeopardized her own early exit from the school too. Other members of the Japanese staff have also become very frosty towards me because they see my leaving as a betrayal.

My question now is: Since my back is obviously getting worse and will only cause me to become a safety hazard to the children, can I leave the school earlier without serving out my notice in full? If so, would the school legally be able to come after me for damages?

Please could someone give me some advice about what I can do. I am in constant pain at work and I don't think I can deal with the passive aggressive attitude of the Japanese staff anymore.
by TokyoChick (guest)  

Re: Unable to serve out my resignation notice 2014/9/19 10:42
Sorry to hear of your condition. Have you been to a doctor, received a doctor's written diagnosis with recommendation, which could constitute a good reason for a medical leave? To me the condition seems pretty bad that you need to be off work (whether in the form of resignation or medical leave).

I think you should communicate clearly to your colleagues that it is not just fatigue or anything but a serious medical problem, which unfortunately happened to you - while maintaining an apologetic attitude to them for the consequence.
by ... (guest) rate this post as useful

Re: Unable to serve out my resignation notice 2014/9/19 11:48
If you were injured on the job you should see a lawyer to learn about how to receive compensation.
by Umami Dearest rate this post as useful

Re: Unable to serve out my resignation notice 2014/9/19 15:40
you can quit your job at once.
you can leave Japan.
I think the employer will not do anything, if the employer is a Japanese. (I don't know what will happen if the employer is a foreigner.)

if your health insurance is the company's (kindergarten's) insurance, your insurance will become invalid, when you quit your job.
by ken (guest) rate this post as useful

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