I don't even know anymore.
Straight outta Narita
Only posting when the 月 and 星 are in the right alignment.
Posts: 20 
CIR Experience: 2nd year
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Post by I don't even know anymore. on Feb 3, 2017 10:23:09 GMT 9
Hey everyone!
So my supervisor just randomly pulled me aside yesterday and pointed to some small print in a contract saying that if I break contract early, I need to give them 30 days notice. (I'd repeatedly expressed my desire to stay for the term of my contract, even though I'm not recontracting, but she's gotten really offensive as of late--first basically attacking me to bring me down so hard that I wouldn't consider leaving early--which made me consider leaving early--now this. So I'm not comfortable asking particulars to her at the moment.)
Theoretically, it makes sense that they want a heads up. However, I'm a bit thrown off by what would actually happen if I didn't (say I gave them a 2 weeks notice--hypothetically). I thought in most cases, breaking contract and quitting early automatically forfeited your plane ticket home (unless the CO is really nice and understanding). Furthermore, my apartment and everything is in my name, so they wouldn't be able to kick me out of it. The only major downside besides the plane ticket thing I came up with for quitting early as a non-1st year JET is burning bridges and leaving bad tastes in mouths--which I figured would happen in my situation no matter how many days in advance I gave them notice. Now there's this clause, making me reconsider my understanding--not that I'm particularly considering leaving within the next 30 days (that would suck for my personal life), but I'm really curious about this now.
Does anyone have a similar clause in their contracts, and know what the actual repercussions are for breaking contract with and without the time allotment? I know it's ESID, but I'm interested in hearing some possible ways this could pan out.
Also, for those of you leaving early in April, are the early arrivals coming in April then your replacements? How does JET work to fill CIR positions mid-year?
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Post by CaptainSeery on Feb 3, 2017 10:53:35 GMT 9
Yes, I have that clause. I believe it's included in the sample contract that gyomu Gyomu sends to COs, so I imagine most people have it. It doesn't say anything about repercussions there, but later in the contract I have a bit that says "The City may claim compensation for any actual damages it sustains as the results of actions such as the JET returning to his/her home country without just cause." (In Japanese, 市は、参加者が任用後早期に正当な理由なく退職した場合は、赴任のための費用の返還を求めることができる）"Just cause" is vague and the CO could presumably use this clause to hurt you.
In practice I think repercussions are more what you're talking about with burning bridges. There's also the fact that it might make the CO less likely to hire other 外国人 because they're seen as untrustworthy, or impose stupid restrictions on your successor to prevent the same thing from happening. However, it seems like most COs are... disappointed maybe, but still supportive if people have to leave because they found another job.
It's very very very difficult to fill a JET position mid-year. Alternates exist of course, but by April they don't tend to take alternates from the previous year. And to get an April arrival, or even a summer arrival, they would need to give notice to gyomu Gyomu quite early. I think that in most cases, if a CIR takes an April-start position, the CO is left without a CIR until summer. If the CIR recontracted, that time might be longer. I think that's where the whole thing with your soup is coming from - they're worried that they'll be left without a CIR for months before they can get a replacement.
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G-Rex
Dead Stargod 
killed SAKAMOTO LYOMA with crappa sushi
hi
Posts: 7,198 
CIR Experience: Former CIR
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Post by G-Rex on Feb 3, 2017 13:07:55 GMT 9
pretty sure everyone has the 30 days notice clause. pretty standard for any employment contract.
i've had ALTs bugger off in less than that though cos they booked a flight for two weeks later and just left so ¯\_(ツ)_/¯
i think if you do decide to quit early then 30 days notice is only polite and fair. no point making the relationship worse than it already seems to be
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Post by dosanko on Feb 3, 2017 13:20:05 GMT 9
Just to add to what G-Rex said:
One of the reasons why a 30-day notice is often preferred is so that there's enough time for a leaving employee to do any necessary handover, enough time for the employer to possibly look for someone to fill the position, and sometimes enough time to take all of the leftover nenkyu.
No one can exactly force you to give a 30-day notice (as per seen in G-Rex's ALT case above), but it's a standard procedure for anyone who's leaving any job at any company.
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Post by no yark shark on Feb 6, 2017 9:29:57 GMT 9
My contract has that clause as well.
My dad is a State Employee in the US and he also had to give 30 day notice when he changed jobs. I think it's pretty standard for full time jobs.
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Post by momo black on Feb 6, 2017 16:11:44 GMT 9
Yes, I have that clause. I believe it's included in the sample contract that gyomu Gyomu sends to COs, so I imagine most people have it. It doesn't say anything about repercussions there, but later in the contract I have a bit that says "The City may claim compensation for any actual damages it sustains as the results of actions such as the JET returning to his/her home country without just cause." (In Japanese, 市は、参加者が任用後早期に正当な理由なく退職した場合は、赴任のための費用の返還を求めることができる）"Just cause" is vague and the CO could presumably use this clause to hurt you. Isn’t that referring to if you leave within your first year, and/or before you even arrive in Japan? I.e., if you leave within the first six months of your appointment, they can demand a refund on your training, since you JUST did it, and now you're gone, so it's a loss on their part. I didn't think this could really be applicable for someone who is past their first year of JET. |
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Post by CaptainSeery on Feb 6, 2017 16:16:12 GMT 9
Yes, I have that clause. I believe it's included in the sample contract that gyomu Gyomu sends to COs, so I imagine most people have it. It doesn't say anything about repercussions there, but later in the contract I have a bit that says "The City may claim compensation for any actual damages it sustains as the results of actions such as the JET returning to his/her home country without just cause." (In Japanese, 市は、参加者が任用後早期に正当な理由なく退職した場合は、赴任のための費用の返還を求めることができる）"Just cause" is vague and the CO could presumably use this clause to hurt you. Isn’t that referring to if you leave within your first year, and/or before you even arrive in Japan? I.e., if you leave within the first six months of your appointment, they can demand a refund on your training, since you JUST did it, and now you're gone, so it's a loss on their part. I didn't think this could really be applicable for someone who is past their first year of JET. I think that's the spirit that it was intended in, but it doesn't specify. A CO could definitely use the vagueness of that clause to try to claim compensation (if the ken or CLAIR were to get involved by might lose that SMACKDOWN, but still, it's a possibility.) There is a seperate clause saying that the CO can claim compensation for the flight to Japan if they JET leaves "at an early stage of his/her appointment," but the other clause mentions nothing about time. |
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Post by marudate on Feb 7, 2017 13:11:27 GMT 9
In the US, giving "two weeks notice" is standard but mainly to benefit your employer who needs to think about the transition. Usually people have another job lined up that they are leaving for. It's also the title of a Hugh Grant and Sandra Bullock film. None of this is of any help to the original poster. You can thank me later.
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