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quitting early in a company?
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2024/10/6 22:33
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Itfs my 5th year working in japan and I am currently employed in a company for just 2months now but i just want to finish my designated visa and go back to my country but the agency that handles us is making it hard for us to quit and telling us that they will charge us penalty if we quit is that even legal?
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by Sswtrainee (guest)
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Re: quitting early in a company?
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2024/10/7 19:33
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Ifm sorry to hear of your situation. In usual work contracts in Japan, the employees can give minimum two-week notice and can leave. However, I do not know what kind of arrangements there are with your gagencyh – is that back in your home country? I am not sure what kind of gdesignatedh visa you have. If you are on a gtechnical internh status – gjisshuseih status - and have some difficulty, you could try contacting: https://www.otit.go.jp/about_en/
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by AK
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Re: quitting early in a company?
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2024/10/8 21:33
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We donft have agency back in our country the agency here in japan is the one making it hard for us to quit can i ask if they have the right to charge us penalty for terminating my contract early? We are Designated visa (6months validity) before applying for specified skill worker
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by Sswtrainee (guest)
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Re: quitting early in a company?
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2024/10/8 21:58
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I am not a specialist but as far as I searched, there might be the case that the employer claims compensation. Below is one example of explanation from a law office. https://www.f-daiichi.jp/QA/work/dismissal/318/(ii) Labor contract with a definite term (fixed-term labor contract) (a) Restrictions on mid-term termination In the case of a labor contract with a fixed term, unlike a contract without a fixed term, gcompelling reasonsh are required in order to resign in the middle of the contract period (contrary interpretation of Article 628 of the Civil Code). If there are gcompelling reasons,h the contract may be terminated immediately and the employee may resign. (a) What are gcompelling reasonsh? The following cases may be considered as gcompelling reasonsh: when the company does not pay wages, when the work environment is so bad that the employee feels unsafe, or when the employee is forced to engage in illegal acts. The gresignation for personal reasons without restrictions on receiving employment insuranceh under Article 32 of the Employment Insurance Law and the requirements for specified beneficiaries would also fall under the category of gunavoidable circumstances. For more information, we recommend that you consult a lawyer. (e) If compensation for damages is claimed If gcompelling reasonsh are not recognized and the worker unilaterally resigns and leaves the company, the worker may be subject to a claim for damages (Article 628 of the Civil Code). In the unlikely event that a claim for damages is made, there are cases in which the employer claims an unreasonable amount of compensation, so please consult with a lawyer immediately before taking action.
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by frog1954
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Re: quitting early in a company?
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2024/10/8 22:34
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Whoops, I missed the part about gdesignatedh status.
Itfs up to what your contract says, so you need to check that.
Also, if the agency hired you (or placed you) with a view to changing your current status to gspecified skill workerh from the beginning, and if that was agreed between the agency and yourself, then they might have the right to ask for compensation for losing you and for having to look for someone else to replace you.
Do you have gcompelling reason(s)h as described in the link/quote provided by the above poster?
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by AK
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