2022.08.31
外国人暮らしのQ&A「職場に何も言わないで辞めることはできるか」
Q:
I am employed by a temporary employment agency (haken-gaisha / 派遣会社), and am working at a company that the agency has dispatched me to. I am subjected to power harassment at this company. Staff speak to me very harshly when they tell me what to do, and give me a hard time. I want to quit this job, but I can't bring myself to say it. I can't seem to make myself understood when I try to tell the person from the employment agency. Can I just leave this job without saying anything to my current workplace, and work somewhere else?
A:
When you work at a company, usually you will have agreed to work in abidance with the employment contract (koyō keiyaku / 雇用契約) (or notification of working conditions [rōdō jōken tsūchisho / 労働条件通知書]). The employment contract or work regulations (shūgyō kisoku / 就業規則) usually specify the procedure for an employee to give notice of their resignation, including how far in advance you are required to give notice, when an employee wants to resign midway through the contract period. Likewise, the law, too, assumes that, for a resignation to be formally realized, the employee will give notice themselves.
Suddenly quitting without giving any notification carries the risk of causing a disruption to scheduled business operations at the place of work. The company may seek to impose penalties upon you (e.g. seeking compensation [songai baishō / 損害賠償]) for being in infringement of the conditions of the employment contract, and you may even lose the worker's rights that you would have acquired by working.
On the subject of harassment in the workplace, which seems to have been what prompted this issue, an employer has an obligation to take measures to prevent harassment in the workplace through such things as providing opportunities for workers to consult the employer about issues, and the establishment of a system to respond appropriately to issues. You could try consulting your employer's human resources office as a first step.
If you find it difficult to consult someone at your workplace (or employer), you can consult the general labor consultation corner (sōgō rōdo sōdan kōnā / 総合労働相談コーナー) within the labor bureau (rōdōkyoku / 労働局) or labor standards inspection office (rōdō kijun kantokusho / 労働基準監督署) in each prefecture. The general labor consultation corner provides consultations to foreign workers in a diverse range of languages.
(For more information, see the Ministry of Health, Labour and Welfare website here (Japanese).)
If, even after consulting the general labor consultation corner, you do not agree with the outcome, you can receive a legal consultation with a lawyer. Legal consultations available include those for residents at the municipal office of the municipality in which you live; those for foreign residents at Nagoya International Centre and other organizations promoting international exchange and multicultural coexistence; and those of the Japan Legal Support Center's Houterasu (法テラス) consultation service (https://www.houterasu.or.jp/). Select a consultation service that is appropriate for your needs.
Nagoya International Center Civic Advisory Service for Foreign Residents
A free civic advisory service for foreign residents is available in person or by telephone at the Information Counter. A dedicated member of staff provides consultations on issues encountered by foreign residents in their day to day lives, in 9 languages.
For more information on the Civic Advisory Service (including service times and languages, and other free consultations for foreign residents, click here.
See the Living Information section for more Living Q & A articles.