Published January 2020.
Any dismissal must have a clear and rational justification for terminating an employee. At labor laws Japan are strict, so the employer cannot fire the employee at any time. In addition, labor standards laws do not permit dismissal when the employer is undergoing medical treatment or for injuries sustained at work or when the employee is in the pre- and postpartum period.
And in case of dismissal by law, the employer must give 30 days prior notice. If you do not give advance notice, depending on the number of days remaining until dismissal, the employer must pay the notice fee.
In case of dismissal, ask the employer for the certificate of dismissal, the certificate of dismissal must contain, the period of work, type of work, position or function of the worker, salary, and also the reason for dismissal, check if the reason is correct (by law when the worker requires the certificate the employer must issue it immediately). If you have doubts or disagree with the dismissal, seek help or go directly to the Ministry of Labor, if the dismissal is not within the law it is possible to negotiate the suspension of the dismissal or enter into an agreement to pay severance pay. If the employer does not want to settle, he can sue the company.
Types of layoffs
- Futsu kaiko - Common resignation
If the employee gets injured outside the service and is unable to perform the job assigned to him, he may be dismissed through this form of dismissal.
- Yatoi dome - End of contract
If the employment contract is for a fixed term and the employer has no interest in renewing it, the employer must notify the employee of his decision 30 days before the end of the contract.
- Chokai kaiko - Dismissal for cause
The worker can be fired for just cause, be it for reasons of continuous absences, fights, violation, thefts, breach of company rules or acts that harm the image or functioning of the company. In this case, the company does not need to issue prior notice or pay the amount for the 30 days. But the company needs authorization from the Labor Standards Office.
- Futou kaiko - Resignation without cause
When the employee is dismissed without specific reasons, the employee is entitled to receive payment of salary, severance pay and others.
- Taishoku - When the worker asks for the bill
By law when the worker asks for the bill, the worker has to notify the employer two weeks before the date he intends to stop working or according to the contract, so as not to jeopardize the operation of the company.
Labor legislation in Japan is strict and it is not simple to fire any employee. If you have any doubts about your dismissal, contact a specialist or the Ministry of Labor immediately.