Walking out of an overseas contract - experiences?
 

I have had it with my contract. Nothing is going right and what was offered is not what is on the table. Has anybody actually left an "employment contract" and had severe ramifications because of it?

I signed a two year contract and it does not have an out clause. The boss on the other hand can give me 4 weeks notice. I want to leave but am worried about potential legal action in Canada (my permanent residence). I am employed in Japan by an American company. Any experiences? My previous references are excellent but it is becoming a small world.

Maybe another North American expat in Japan can be of assistance if only to talk.

Drop me an e-mail and I'll shoot you my contact numbers.

I am pleased to offer any insights that my twelve years here may have taught me.

I am in Tokyo and can possibly also help out in some way here if you do decide to head back across the pond.

Talk to you soon,

Mike

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Are you an independent Contractor or an expat?

I can only offer my own recent experience in which I was contracted by a Korean company for 1 year. There was a clause to provide 1 months notice but as some of the contract agreements were not being fulfilled, I asked questions and tried to find resolutions first.

Then I decided it was time to leave and to allow the hiring company to keep my return ticket which they paid for and to use miles which came in handy. If you are not happy where you are or you have exhausted other peaceful solutions, then go. Life is too short to spend it somewhere you would rather not be. The contract outside of the country in my opinion carries no weight and is too costly for the company to pursue to bring you back and force you to work.


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Going back to the bAAsics

Without giving you specific legal advice... If US law applies (which is a big maybe), the 13th Amendment is applicable for these situations because it is involuntary servitude. So the employer cannot force you to work. The remedy lies in a prohibitive injunction, generally related to the trade or field you are in. For instance, if Joe Steroid decides he hates Coach Testosterone and quits, the Seattle Suckhawks can get an injunction prohibiting Joe from playing for any other LFL team. The court, however, would not prohibit him from working at Harbucks, the local cafe.

In my non-legal opinion, I would strongly urge the consultation of Japan's labor or regulatory agencies, to understand what your recourse might be under Japanese law. Unless your life is in danger, your immediate departure from Japan might be used by your employer to obtain a finding that YOU have breached the contract, and are hence subject to penalties.

I'm not sure if this applies to Japan, but I do know that in many countries, civil proceedings can "escalate" into criminal cases. If your employer decides to take action, there may be a possibility that you could have criminal charges filed against you. This could cause serious difficulties for you (e.g., arrest, fines, etc.) should you ever attempt to visit Japan for any reason in the future.

I'm guess what I'm really saying is that you need a competent Japanese labor/contract law attorney, post haste.

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