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I am an employee at company A for more than a year now. Company A has a majorly profitable client (Company B) and I have been sent to handle the projects at B. The relation between A and B is contract-bind which is renewed after every 3 months. I had to sign the contract saying that I am the employee who has been dispatched for the client in that period of time, each time it gets renewed.

Company A pays me salary and all my terms are according to the contract which I signed at the time of joining. The contract with A states that my notice period is of 1 month.

Recently, I have been offered the a better position. Therefore, I slid the notice at A that I would be leaving in a month on 11th of Oct. Yesterday, I got a call stating that it would not be possible for me to leave as the contract with B ends in December. (I did not sign on the contract between A-B as a medium for Oct-Dec)

How to enforce my statement that I cannot work till December? Is it legal/ethical of what A is doing here? Any help is appreciated. Thanks in advance.

UPDATE: After the discussion with company A, they agreed with the 1 month notice period and are replacing my position with another employee for the contract duration as @Smock mentioned in the comments.

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    Is there a clause in your contract that they can renew the period of the contract between you and B without express consent? (自動更新) – さりげない告白 Oct 23 at 2:29
  • No, there is no such clause. They do ask my consent each time they renew it. I nodded yes to them in August for the Oct-Dec period, when I did not know that I would be leaving. – SomeRandomPerson Oct 23 at 2:39
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    Unless there is something in your contract that states otherwise, the whole A-B 3 month contract thing seems irrelevant to your personal actions, since that's between the 2 companies. Your personal employment contract requires a 1 month notice, and you've given it (hopefully in writing, via email so they can't say the never got it). They can't refuse to let you resign or make you work beyond that 1 month period. Just reiterate to whomever it concerns that your contractual notice period is 1 month, you've officially given it and you will be leaving at that point. – Jayce444 Oct 23 at 3:24
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    You ”nodded yes to them in August for the Oct-Dec period”? Does this mean that you have, indeed, already agreed to work this period? You haven’t signed a written contract, and I don’t know the laws and customs in Japan, but at least in some places an agreement is an agreement, even if it’s not written. Without a signed paper it can be hard to prove that there was an agreement and what it said, but that doesn’t seem to be an issue here. – Thomas Padron-McCarthy Oct 23 at 8:44
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    @Smock that's my reading of this too. The employer is sub-contracting expertise to the third party. They're not sub-contracting a specific person (if they are then they're doing so without a contract). The employer needs to find someone else to fill in for OP for the remainder of the three months. OP has done exactly what was required of them by their contract. – delinear Oct 23 at 13:04
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I would advise following the advice here and just finish your period of time:

https://haken-kachigumi.com/quit-while-contracted.html (You wrote you were in Japan, so it is Japan specific advice, and as such it is in Japanese)

労働基準法第16条

使用者は、労働契約の不履行について違約金を定め、又は損害賠償額を予定する契約をしてはならない。

There is this part of the law which means that the company cannot demand for you to pay any penalties for ending your contract early. However, you will be causing your employer many problems, and you may have difficulties finding 派遣 (dispach?) work later down the line as your reputation will be ruined in the industry.

Your current employer has done nothing wrong in this case.

If possible, I would look for a way for you to finsh your term until december, and then start your new work after that. If it cannot wait, and you are willing to throw away your reputation with your previous company -- then they at least won't be able to demand money from you.

Disclaimer: I am not a lawyer, and it may be worth getting advice from one.

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    "Your current employer has done nothing wrong in this case." I'm not so sure. If the employer hired OP on the basis of one month's notice, and they then sub contracted OP to a third party on the basis of three month's notice without letting the third party know about the possibility that OP could hand in their notice and leave before the end of the contract, that is entirely the fault of OP's employer. If they needed OP to change their notice they should have re-negotiated the contract. They chose not to (probably because it would cost them more), the fault is therefore their own. – delinear Oct 23 at 13:01
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    @dilinear It is the nature of dispatch work in Japan, and it isn't exclusive to that company. The company finds contracts for you to participate in, and lays out the terms of the contract and has you agree to them. If you and the client company both agree to the terms, you have your work. OP agreed to those terms. – さりげない告白 Oct 24 at 0:32
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    Thank you for the answer. The point that it would ruin my reputation is true. UPDATE: I did not want to come off as a bad guy nor I want to blame the company A for this. So I had a detailed and composed discussion with them and they are moving forward with the 1 month notice. – SomeRandomPerson Oct 24 at 2:41
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    Nice. I'm glad that they agreed to the one month after a discussion. – さりげない告白 Oct 24 at 2:53
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    I am also a 派遣者 in Japan and the bit about it "ruining your reputation" doesn't sound right to me. I've had numerous coworkers quit mid-dispatch contract, and it's never been a problem. If your employment contract states that you have a 1 month notice period, you have a 1 month notice period. – Omegastick Oct 24 at 6:18

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