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The "if you break contract we'll fine you for the damages" clause.

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  • The "if you break contract we'll fine you for the damages" clause.

    From one problem to the next...

    I have an employer willing to sponsor my visa and they have sent me the documents to go to immigration and do so (it'll be a status change from Instructor to Specialist in Humanities). However, I have only been working under my ____ty part time ALT contract for about 3 weeks (the role with my current visa sponsor already ended with the previous school year but I still needed a job so signed the first local contract I could find). As a visa status change only takes 2-3weeks to process, if I were to file it say this coming week, my current occupation would be illegal as I would not yet be working full time for my visa sponsor while also having a job that does not fall under the new status' approved activities as my sole source of income... right?

    But is it not a terrible thing to quit a job I have been working at for less than a month, ESPECIALLY when I know [public] schools dislike having ALTs rolling through like trains on the Yamanote Line?

    A friend said to me, well, if they had to let you go for whatever reason they would without thinking about the "inconvenience" to you or your schools so why do you hesitate to make a swift change for your own sake? In other words, they don't care about you so why do you care so much about what they think?

    The notice period for my current job is 1 month. I also don't want to keep my new sponsor waiting too long. HOWEVER, I also thought I aught to at least wait until the end of July to quit so that they can find a replacement over summer break and have a new teacher in nice and smooth for September start. In which case I'd be giving 2 month's notice but possibly keeping the new sponsor waiting for an unreasonable length of time.

    Do you think I am being too kind to my current employer? Or do you think I am doing the appropriately responsible thing by considering the troubles of turnover and opting to leave at a time that DOESN'T inconvenience my current employer so terribly? Do you think that it is wrong to keep my future via sponsor waiting and I should just hurry up and quit my current job to jump into the next? IN WHICH CASE, do you think my current employer will really try to slap me with fees for having to train my replacement and blahblahblah?

    Thank you for your advice T^T
    Last edited by sideways_gun; 2012-05-27, 07:32 PM.

  • #2
    Originally posted by sideways_gun View Post
    The "if you break contract we'll fine you for the damages" clause.
    It seems like a fine clause to me. :P

    Originally posted by sideways_gun View Post
    Do you think I am being too kind to my current employer? Or do you think I am doing the appropriately responsible thing by considering the troubles of turnover and opting to leave at a time that DOESN'T inconvenience my current employer so terribly? Do you think that it is wrong to keep my future via sponsor waiting and I should just hurry up and quit my current job to jump into the next? IN WHICH CASE, do you think my current employer will really try to slap me with fees for having to train my replacement and blahblahblah?
    Why not tell your new employer that you'd like to give appropriate notice to your current employer? Their answer should give you an indication of what it will be like to work for them.

    Comment


    • #3
      Originally posted by hml View Post
      Why not tell your new employer that you'd like to give appropriate notice to your current employer? Their answer should give you an indication of what it will be like to work for them.
      I had thought of that and was afraid they would just tell me to shove the job offer up my tootypatooty.

      With who should the loyalty lie? My new employer who is going to be my full time employer and visa sponsor, or my current part time employer? By all means I intent to give at least 1 month's notice. But is 2 months notice just a little too kind when I've got another employer lined up?

      Comment


      • #4
        Originally posted by sideways_gun View Post
        ...

        But is it not a terrible thing to quit a job I have been working at for less than a month, ESPECIALLY when I know [public] schools dislike having ALTs rolling through like trains on the Yamanote Line?

        A friend said to me, well, if they had to let you go for whatever reason they would without thinking about the "inconvenience" to you or your schools so why do you hesitate to make a swift change for your own sake? In other words, they don't care about you so why do you care so much about what they think?
        Make-up an excuse and leave. Your friend is right. Nobody's going to give a ____ about you be it a lowly English school or some top of the line J-university.

        If they want you gone.

        You're gone.

        Comment


        • #5
          Originally posted by Ken44 View Post
          Make-up an excuse and leave. Your friend is right. Nobody's going to give a ____ about you be it a lowly English school or some top of the line J-university.

          If they want you gone.

          You're gone.
          Hmmmmm....... well, I shall head down to ye olde immigration. That's 2-3weeks wait there. 1month notice or 2???? Dilemma...... If I work all of June I may as well work the remaining 2 weeks in July right?? Perhaps I should ask the future employer if they don't mind me starting in mid-end July.....

          Comment


          • #6
            Originally posted by sideways_gun View Post
            Hmmmmm....... well, I shall head down to ye olde immigration. That's 2-3weeks wait there. 1month notice or 2???? Dilemma...... If I work all of June I may as well work the remaining 2 weeks in July right?? Perhaps I should ask the future employer if they don't mind me starting in mid-end July.....
            Give them the required notice and don't worry about it. There are enough other gaijin out there looking for work that they won't have much trouble filling your spot. You're doing that other gaijin a favour.

            If schools want to ensure that they have a consistent teaching staff, they should pay an attractive salary. They don't because they know you are expendable. They get what they pay for.

            Comment


            • #7
              Originally posted by sideways_gun View Post
              Hmmmmm....... well, I shall head down to ye olde immigration. That's 2-3weeks wait there. 1month notice or 2???? Dilemma...... If I work all of June I may as well work the remaining 2 weeks in July right?? Perhaps I should ask the future employer if they don't mind me starting in mid-end July.....
              The nicest thing to do is give as much notice as possible, but accept no penalties or other fines/fees. You are required to be paid for all the time you have worked. Any "penalties" have to be listed and and presented to you. If you refuse to pay, they may threaten you with all kinds of legal crud, but they never go through with it.
              I was brought up not to leave employers in the lurch, if possible. But, unfortunately, many of the dispatch companies here will toss you out in a moment, so go for it.

              Comment


              • #8
                Okay, thank you for all the advice, everyone. I am not adverse to working for my current employer til the end of the semester so I'll endeavour to do that and take no whining or other crap of "why don't you staaaaaaaaay blahblah" as I doubt I'm in the position to bargain for my perceived worth.

                As for my future employer, I have sent them an enquiry as to whether or not the job offer would be in jeopardy. Still waiting for their response...... I suppose I'll move based on their sense of urgency.

                Thanks☆

                Comment


                • #9
                  Originally posted by sideways_gun View Post
                  Okay, thank you for all the advice, everyone. I am not adverse to working for my current employer til the end of the semester so I'll endeavour to do that and take no whining or other crap of "why don't you staaaaaaaaay blahblah" as I doubt I'm in the position to bargain for my perceived worth.

                  As for my future employer, I have sent them an enquiry as to whether or not the job offer would be in jeopardy. Still waiting for their response...... I suppose I'll move based on their sense of urgency.

                  Thanks☆
                  good for you.

                  Comment


                  • #10
                    Go to the General Union.

                    They are not LEGALLY allowed to fine you for giving your 30 days notice. This is against the Labor Standards Act. If they try to tell you they will cancel your Visa, they cannot. They cannot deport you, fine you, fire you without cause or do much of anything else. Know your rights and stand up for them in a dignified manner. Or take it, I guess.

                    Comment


                    • #11
                      Originally posted by coolgaijin View Post
                      Go to the General Union.

                      They are not LEGALLY allowed to fine you for giving your 30 days notice. This is against the Labor Standards Act. If they try to tell you they will cancel your Visa, they cannot. They cannot deport you, fine you, fire you without cause or do much of anything else. Know your rights and stand up for them in a dignified manner. Or take it, I guess.
                      Or you could act in a dignified manner and expect to be treated likewise.

                      Comment

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