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Can I leave before my 3 months notice? 2019/7/4 13:38
Hey guys I know there are some other similar posts, but my story has some sort of a twist so I would like to ask for your opinions. Ifm a 31 year old, happily married to a Japanese woman and I have a spouse visa. In March I started working at a small English school as a contract employee. During the interview I was told that I will be teaching English to children and in some cases adults (which I havenft done yet) and also assist the head teacher when all children between the ages of 3 and 8 are in the same classroom. In my contract, my job duties are listed as Contract employee, English teacher. No more. But this is what I didnft know. That this school is not just a conversation English school as shown on the ad but rather an afterschool and therefore on top of the conversation English lessons, where children are seperated according to their age or level, during afterschool hours we have to teach English (theme of the month: dinosaurs, plants, animals etc) together with Science, Math, Art, Dance, Social Studies and more. But during the interview I was told that I will be assisting the head teacher (Japanese bilingual) without telling me about all the subjects and topics so I didnft care too much. I signed the contract and for the first few weeks I really was the assistant. I must admit it was hectic but fun. After about one month working there, the head teacher asked me if I could take over English, Math and Science topics during the afterschool including all preparations. At first I was shocked, but Ifm a person whofs up to a challenge and accepted. I could take this experience for my own personal growth I thought. After that, she started telling me what to do. For each activity (once a day for 50 minutes) I need to prepare for the monthly vocabulary and activity games. By activity games I mean I have to think around 10 different games each day, one day different from the other and each game everyday has to be different i.e. if you used a ball for the first game, you cannot use ball for another game because theyfll get bored (or so she told me). Why 10 games in 50 minutes? Because I need to have backup games in case it doesnft work or they get bored. Many students attend this afterschool 3 to 5 times a week so doing the same game on a different day where there are same students (even 1) is a big no no cause theyfll get bored (I was told). Also there are children between the ages of 3 and 8 so I must find a balance for not being too easy for the 8 year olds or too difficult for the 3 year olds. This was really frustrating. Creating almost 10 games everyday for each month was a lot of work.
Getting to the preparation time, everyday the head teacher and I have a one hour meeting where I need to tell her what I have thought about and she has to give me the go ahead before I can apply it into practice. Most of the time, all my proposals are rejected. Same reasons are: too easy, too difficult, these vocabulary we already did last year etc... How much time do I have to prepare? First hour in the morning is meeting hour, next is one hour of preparation, then one hour break. Immediately after my break, children start to arrive one by one, do the English lesson for the young ones, activity time and then English lesson for the elementary till 7pm. After they leave I have to clean the classroom, sinks, toilets etc and also fill in the daily report for the government, so for the next day, with only that one hour of preparation, I didnft have much to show her so I was being scolded constantly (in a nice Japanese manner). Anyway after golden week I went prepared to tell her that this is too much for me and if maybe she could reduce some of my work until I get better at it. Heck Ifve been doing this for only two months and itfs much more work than a normal eikaiwa school. When I told her that, she told me that actually she was thinking of giving me all the activities and handle them by myself (with her ghelpingh me during the meeting). I was shocked that she wants to do the opposite of what I suggested. So not only what I said fell on deaf ears, she basically put more work in my desk. I tried it, I really tried my best. Although in my contract therefs written that I will be paid for overtime, I was forced to leave at 8pm so voluntarily, for the sake of the children, I was heading back home everyday and working till late at night so that I have something to show her the next day during the meeting. After one month of this charade, I told her again that itfs too much work but she insisted that what Ifm doing is actually the foreign teacherfs job and they canft afford to hire another person. So I gave in my resignation. In my contract itfs listed as 3 months notice which I already worked almost 6 weeks now. They told me that theyfre doing their best to find someone else but they donft want to sponsor visa, no relocation funding, salary not so good etc.. and itfs nothing a central area, so of course finding a substitute is very hard. I asked them if I could leave this week but they immediately jumped on me that itfs a breach of contract. Also I have no benefits except if I get injured during work time. Ifm feeling miserable and donft know what to do. Any of you had a similar experience in the past? Thank you.
by Fkajpn97 (guest)  

Re: Can I leave before my 3 months notice? 2019/7/4 17:48
sorry to hear about your situation.
I heard often that English schools are not keeping the contract.

In this case they got in defense mode when you ask if you can leave early.
The information you got is that you would breach your contract.

You can indeed not leave earlier than written in the contract, or you will miss the benifits.
If I was you I would bring the contract and show the page mention your activities.
You can bounce the ball back and say that they are breaching the contract.
If this is ideal or not I do not know, but you need to consider yourself and health.

Also you can go to the doctor and say you are stressed.
You can get easily document that you need rest.

I think often English school think they can utilize foreign teachers (your case this is job of the foreign teacher) in a way that you work more than you would be hired for.

There are some websites you can consult such as
depending on your location.
by justmyday rate this post as useful

Re: Can I leave before my 3 months notice? 2019/7/4 23:56
it seems that you don't have a skill to handle young children and don't know how to teach English to them as a second language. your ability is only that you can speak and understand English.
so this job does not fit to you.

about quitting the job, you can terminate the job at any moment. but, in that case, they may not pay you the last salary. (but, according to my opinion, I choose the job quitting with giving up money, because keeping the contract does not help your mental health healing.)
by ken (guest) rate this post as useful

Re: Can I leave before my 3 months notice? 2019/7/8 09:18
Thank you for your replies.

I know that Ifm inexperienced and donft possess the skills 100%. Thatfs why Ifm searching for something else. I have no shame in saying that. That being said, Ifm sure I got much better in doing my job in these few months.

On the other hand being belittled all the time, is affecting my mental and physical health. I know myself having a ecan dof attitude but recently it has changed to a ethis is impossible-I canft do thatf attitude. I didnft write too much about whatfs going on because if I did that I could write a whole book. Now Ifm starting to realize why other teachers in the past have quit this job very fast (sometimes after a few weeks).

As I said, I accepted the job on the conditions which I was told in the interview but it turned out to be much different. Till today, theyfve been doing interviews for 6 weeks but apparently, from what the boss told me, when theyfre calling them for a second interview everyone is saying they found somewhere else to work. I guess other people are more experienced than I am in this industry and nobody wants to work with this kind of workload and/or sign a contract with a three month notice.

The most thing Ifm worried about is if they will do me a bad reference in case the new employer will contact the current one I have.
by Fkajpn97 (guest) rate this post as useful

Re: Can I leave before my 3 months notice? 2019/7/8 19:57
Sorry to hear of your situation. It sounds like the school is completely abusing you and your time.

Being there during class time and teaching, and creating completely new study materials/exercises off your class time to order are different things. Initially as a starting teacher, you should be supplied with basic teaching materials, and as you build experience over time about the studentsf interest and reactions, you could proceed to adding your own materialsc but not right off from the start.
I would not worry too much about the reference, it is likely that that particular school is known for their behaviors. As long as you properly do what you are supposed to do according to the contract, you should be fine.
I canft offer you any practical help, but just sending you best wishesc

by ....... (guest) rate this post as useful

Re: Can I leave before my 3 months notice? 2019/7/9 14:21
You need to understand your rights as an employee, and I suggest at this point to contact a lawyer. They often have free 30 minute consultation sessions, so you might not even need to end up paying anything. Here's some information from the civil code that might be helpful, though:

Article 628 of the Civil Codes states that you can be liable for damage the company suffers as a result of your resignation. Do not fear, as the 30 days of notice you give is considered more than enough time to find a replacement. If a company tries to push you to work for a long time (more than a month), this is not allowed as well. Be sure to contact a lawyer if you face any threat from your company for resigning.

Your company requiring three months is unlawful, in other words. In a standard contract, 2 weeks is considered sufficient. In your case because it's your first contract with the company, you've only worked a short time, AND it's written in your contract, you are safe at 30 days notice.

Now, you've got two choices here. Toe the line and follow with what's written in the contract, and work until the three months are up to play nice, OR stop coming in at 30 days and ignore any attempts by the company to bully you into more. They might threaten to sue you, but the burden is on them and most are bluffing.

That said, I AM NOT A LAWYER. If you want to go with the second route, I would absolutely talk to one before hand to make 100% sure you're in the clear. I'm sorry you're in this situation! I hope it resolves quickly without too much more stress for you.
by Murny (guest) rate this post as useful

Re: Can I leave before my 3 months notice? 2019/7/9 20:47

Link to above information/law by 'Murny'.
Additional, your employer instead will need to give you at least 30 days notice before dismissal or pay you equivalent to 30days compensation for immediate termination.

So, it's up to you to proceed, abide with 3 months notice (and suffer) or just stick to your original time frame.

by @.. (guest) rate this post as useful

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