TLDR: New job has been offered to me and I want to take it, have been sent the contract. Need a guarantor and can’t find one.
Hi so this is a bit of rant of frustration and an ask for some advice/help.
Been sent and offered a new job contract which only has 4 clauses (very typical traditional Japanese contract) and it’s asking for a guarantor to sign as well.
I’ve asked immediate family back in my home country (Mother, sister & grandparents) all have said no because of how alien and unusual it is for a guarantor for a job in my home country. Which I understand however it’s not like I’ll ever give reason to the company to trigger clauses 3 & 4 of the contract which are: if I really mess some stuff up for the company intentionally or through major negligence they can claim compensation from me and the guarantor.
Now here’s the thing in April of 2020 there was an amendment to the civil code 民法（明治二十九年法律第八十
九号） stating that there must be a maximum limit in the contract stated: （個人根保証契約の保証人の責任等）
第四百六十五条の二一定の範囲に属する不特定の債務を主たる債務とする保証契約（以下「根
保証契約」という。）であって保証人が法人でないもの（以下「個人根保証契約」という。）の保証人は、主たる債務の元本、主たる債務に関する利息、違約金、損害賠償その他その債務に従たる全てのもの及びその保証債務について約定された違約金又は損害賠償の額について、その全部に係る極度額を限度として、その履行をする責任を負う。
2 個人根保証契約は、前項に規定する極度額を定めなければ、その効力を生じない。
3 第四百四十六条第二項及び第三項の規定は、個人根保証契約における第一項に規定する極度額の定めについて準用する。 (https://laws.e-gov.go.jp/law/129AC0000000089#Mp-Pa\_3-Ch\_1-Se\_3-Ss\_5-Di\_2).
This meant that companies need to specify a maximum amount when asking for guarantors for job contacts. The one they sent me doesn’t have a maximum limit or any number. Meaning (from my understanding) that if they ever do have evidence and reason to trigger those clauses they legally can’t because the contract is void as they didn’t define the maximum limit. I’ve explained this to my family and they’re still against it which again I understand just very frustrating and upsetting when they always say “we’ve got your back” and don’t in practice. More so with my mother than my sister and grandparents. My dad dies a couple of years ago and if he hadn’t I’d have asked him, he’d have said yes as well which is why I’ve found myself so upset with the rest of my family because it really makes me realise the only person who I for sure had always to support me is gone.
I’ve sent the company a message (to my point of contact that’s been handling my recruitment, very nice person, explaining the above minus the venting frustration part at my family) asking if it’s necessary to have a guarantor and pointing out that HR needs to review the civil code (put it more politely than that).
I’d like to do this job and if possible would like to sign without having to pay for a guarantor company because I don’t want to spend the money on something that isn’t going to be needed. (If anyone has any reasonably priced recommendations tho please share, I’m based in Osaka). It’s a good position and although pay isn’t the highest, work itself will be interesting and there’s great benefits with lots of traveling. My only concern is them turning around and withdrawing the offer, although I think that would be illegal for them to do at this point.
So anybody got any advice, or experience with this? Would love to hear from you. I’m supposed to start this week and worried I won’t be able to.
Thanks for reading.
by AdLate8197