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Dismissal and Your Rights

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Any dismissal must have a clear and rational justification for terminating an employee. Japan’s labor laws are strict, so the employer cannot fire the employee at any time. In addition, labor law laws do not allow dismissal when the employer is undergoing medical treatment or for injuries suffered 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 notice. If you do not give advance notice, depending on the number of days remaining until dismissal, the employer must pay the remuneration for the advance notice.

In case of dismissal, ask the employer for the dismissal certificate, the dismissal certificate must include the period of work, type of work, position or function of the worker, salary, and also the reason for dismissal, check that 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 to reach an agreement for payment of compensation in cash. If the employer does not want to make a deal, he can sue the company.

Types of layoffs

  • Futsu kaiko – common dismissal

If the employee is injured outside the service and is unable to perform the office assigned to him, he may be terminated 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 its decision 30 days before the end of the contract.

  • Chokai kaiko – Dismissal for just cause

The worker can be fired for just cause, whether due to continuous absences, fights, violation, theft, breach of company rules or acts that harm the company’s image or functioning. In this case, the company does not need to issue the prior notice or pay the amount for the 30 days. But the company needs authorization from the Bureau of Labor Standards.

  • Futou kaiko – Dismissal without just cause

When the employee is dismissed without concrete reasons, the employee is entitled to receive salary, compensation and other payments.

  • Taishoku – When the worker asks for the bill

By law when the worker asks for the account, 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 harm the company’s functioning.

The labor legislation in Japan is strict and it is not simple to fire any employee. If you have doubts about your dismissal, contact a specialist or the Ministry of Labor immediately.

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