Dismissal is severely restricted in Japan. If the dismissal is not rational and is not considered to be appropriate according to social norms, the dismissal may be invalidated and the company cannot do it freely.
- The period of medical treatment due to a work-related accident and the following 30 days
- Prenatal and postnatal leave period and 30 days thereafter
- Dismissal for reporting to the Labor Standards Inspection Office
- Dismissal due to the gender of the worker
- Dismissal due to marriage, pregnancy, childbirth, maternity leave before and after childbirth, etc.
- Dismissal due to a worker offering childcare / nursing leave, or taking childcare / nursing leave
Fixed-term employment dismissal
For fixed-term employment contracts, the employer and the worker have agreed in advance to set the contract period, so unless there is an unavoidable reason, the employer may not dismiss the worker in the middle of the contract period. It is said that it cannot be done, and the effectiveness of dismissal is judged more severely than in the case of a labor contract with no fixed term. As a general rule, the labor contract will be automatically terminated when the contract period expires, but if the contract is renewed three times or more or if the contract has been continued for more than one year, the contract may be terminated. In that case, the fixed-term employment contract will be renewed under the same conditions.
Dismissal to reduce the number of employees when dismissal is unavoidable due to recession or poor management. It is strictly checked whether or not the severance is effective in light of the following matters.
- Necessity of personnel reduction: Implementation of personnel reduction measures is based on sufficient necessity for corporate management due to recession, poor management, etc.
- Efforts to avoid dismissal: Efforts to avoid dismissal by other means such as reassignment and recruitment of voluntary retirees
- Rationality of personnel selection: The criteria for determining the target of dismissal are objective and rational, and their operation is fair.
- Adequacy of dismissal procedures: To explain to the union or workers the necessity of dismissal and the timing, scale and method of dismissal in order to be convinced.
Encouragement to retire early
Retirement encouragement means that the employer encourages the worker to retire, which is clearly different from dismissal.
It does not matter if the worker voluntarily accepts the retirement encouragement, but it depends on the employer.
Retirement incentives that impede workers' free decision-making are illegal infringements.
In terms of employment insurance, if the company tells you that you are going to retire, or if you do not retire and you are treated unfairly and retire, you will not be retired for your own convenience and you will be a Specific Qualified Recipients.
The strictist punishment that the company makes to workers. The balance between actions and punishment, the appropriateness of social conventions must be recognized.
Furthermore, in the actual dismissal, the appropriateness of procedures such as giving an opportunity for advance defense is required. As for the procedure, it is necessary that the reason and procedure are clearly stated and well known in the work regulations.
Notice of dismissal
When dismissing a worker, you must give notice at least 30 days in advance.
If you do not give notice, you must pay an average wage of 30 days or more as a dismissal notice allowance.
The number of days of notice will be shortened by the number of days of payment of the dismissal notice allowance. Dismissal notice allowance is not subject to income tax.
Notice of dismissal is not required in the following cases.
- When it becomes difficult to continue the business due to a natural disaster or other reasons
- The reason why the worker has a cause
- Criminal acts such as heft in the office
- Acts that disturb the company's morals due to gambling, etc.
- Career spoofing that causes recruitment conditions
- If you change jobs to another company
- Things that can be hired every day
- Those that are used for a period of up to 2 months
- Used for seasonal work for a period of up to 4 months
- Those up to 14 days after adoption during the trial period