Japan, a land of vibrant culture and a thriving economy, attracts numerous expats seeking career opportunities. However, navigating the intricacies of job changes in Japan can be a complex undertaking for foreigners. This comprehensive guide aims to equip expats with essential knowledge regarding voluntary resignation, dismissal, disciplinary action, and other crucial aspects of job changes.

Voluntary Resignation: Leaving on Your Terms

Job change is a significant decision. In Japan, the process of voluntary resignation involves specific procedures. A key element is the notice period, which dictates how much advance warning you must give your employer before leaving.

■ Notice Period:

The required notice period is typically stipulated in your employment contract. While one month is common, it can vary. If your contract doesn’t specify a period, or if you’ve been employed for an extended time (generally over five years), a longer notice period might be expected. It’s crucial to review your contract and, if necessary, consult with a legal professional to ensure you comply with the proper procedures. Providing insufficient notice can have negative repercussions, so clarity is essential.

◇ Notice Period for Fixed-Term Contracts:

For fixed-term contracts of one year or less, the standard notice period is two weeks. However, always consult your employment contract or company’s labor regulations for specific guidelines.

■ Resignation Process:

Resigning verbally is generally insufficient. It’s best practice to submit a formal written resignation letter to your supervisor. This letter should clearly state your intention to resign, your last day of employment, and express your gratitude for the opportunity. Keeping a copy of the letter for your records is advisable.

■ Negotiating Your Departure:

Depending on your circumstances, you may be able to negotiate certain aspects of your departure, such as the timing or handover of responsibilities. Open communication with your employer is key to a smooth transition.

◇ Smooth Transition and Mutual Respect:

Even if you’re not legally bound to extend your notice period, it’s often considered courteous to do so, especially if you’ve enjoyed positive working relationships. This allows your employer time to find a replacement and ensures a smooth handover of your responsibilities.

■ Impact on Residence Status

If you hold a work-related visa, voluntary resignation may affect your status in Japan. While your visa won’t be immediately canceled, you’ll need to complete the job change process within your visa category or transition to a different visa status within the validity period of your current visa.

Important Note: For “Specific Skills” and “Highly Skilled Professional” visa holders, even if your new job aligns with your previous one, you’ll still need to apply for a visa change.

Dismissal: When the Employer Initiates the Change

Dismissal, when an employer terminates an employee’s contract, is a sensitive issue. Japanese law provides certain protections for employees, and dismissals must be based on justifiable reasons.

■ Fixed-Term Contracts:

Generally, employers must adhere to the fixed duration specified in employment contracts. However, if you’ve consistently exceeded expectations and other colleagues with similar contracts have been granted extensions, your employer may find it difficult to justify denying yours.

■ Indefinite Employment Contracts:

• ● Poor Performance: Consistent failure to meet performance expectations, despite receiving support and opportunities for improvement, can be grounds for dismissal.
• ● Misconduct: Engaging in serious misconduct, such as theft, fraud, or harassment, can lead to immediate dismissal.
• ● Violation of Company Rules: Breaching company policies and regulations can also result in dismissal, particularly if the violations are severe or repeated.
• ● Redundancy: In situations of business restructuring or downsizing, companies may need to reduce their workforce, leading to redundancies.

■ Fairness and Non-Discrimination

Dismissal decisions must be based on fair and objective criteria, excluding factors like gender, nationality, or religion.

◇ Invalid Dismissal:

If you believe your dismissal is unjustified or violates labor laws, you have the right to seek redress. Consult the Labor Standards Supervision Office, a social insurance labor consultant, or an attorney for guidance.

◇ Prohibited Coercive Measures:

Employers cannot pressure or harass employees into resigning. If an employer repeatedly demands your resignation or engages in bullying tactics, they may be violating labor laws.

◇ Challenging a Dismissal:

If you believe your dismissal was unfair or unlawful, you have the right to challenge it. This usually involves seeking legal counsel and potentially filing a claim with the labor authorities.

◇ Severance Pay:

If you are dismissed, you may be entitled to severance pay. The amount is typically calculated based on your length of service, salary, and the reason for dismissal. Japanese law provides guidelines for severance pay, and it’s essential to understand your rights in this regard.

■ Impact on Residence Status

Similar to voluntary resignation, dismissal may affect your residence status in Japan. While your visa won’t be immediately canceled, you’ll need to complete the job change process within your visa category or transition to a different visa status within the validity period of your current visa.

Specific Activities Visa for Job Search

If you’re unable to find a new job within your visa category immediately after dismissal, you may be eligible for a “Specific Activities” visa to facilitate your job search. This visa allows you to engage in part-time work (up to 28 hours per week) for a period of six months.

Please note that those who have the status of residence of “Designated Technical Skill,” “Highly Specialized Worker,” or “Designated Activities 46” will always need to go through procedures to change their status of residence, even if the work they perform at the new company is the same as the work they performed at the company they quit.

This should be done together with the notification required when you quit the company. 

Disciplinary Action: Addressing Workplace Issues

Employers in Japan have the right to take disciplinary action against employees for misconduct or poor performance. However, such actions must be fair, reasonable, and follow established procedures.

■ Types of Disciplinary Action:

Disciplinary actions can range in severity

• ● Warning: A verbal or written reprimand for minor infractions.
• ● Written Reprimand: A more formal written warning that is placed in the employee’s personnel file.
• ● Suspension: A temporary suspension from work without pay.
• ● Demotion: A reduction in rank or responsibilities.
• ● Dismissal: The most severe form of disciplinary action.

■ Due Process:

Employers must follow due process when taking disciplinary action. This typically involves providing the employee with an opportunity to explain their actions and ensuring that the disciplinary action is proportionate to the offense.

◇ Establishing Clear Guidelines

To ensure fairness and transparency, companies should clearly outline disciplinary procedures in their labor regulations. These regulations should:

• ● Define Misconduct: Clearly define prohibited behaviors and offenses that warrant disciplinary action.
• ● Establish a Fair Process: Outline the steps involved in the disciplinary process, including investigations, hearings, and appeals.
• ● Specify Penalties: Clearly specify the potential penalties for each type of misconduct.
• ● Ensure Non-Discrimination: Prohibit discrimination based on factors like gender, nationality, or religion.

◇ Communicating Effectively

Companies should effectively communicate their labor regulations to all employees, including foreign workers. This may involve:

• ● Providing Translations: Translating labor regulations into the native languages of foreign employees.
• ● Conducting Explanatory Meetings: Organizing meetings to explain the regulations in a clear and concise manner.
• ● Encouraging Open Communication: Creating an environment where employees feel comfortable seeking clarification or reporting concerns.

Additional Tips for Expats

■ Essential Procedures After Job Change:

Read this article if have questions about visa requirements and procedures.
📰 Important Procedures for Foreigners Living in Japan (2) Troubleshooting

■ Understanding Your Employment Contract:

Your employment contract is a crucial document that outlines your rights and obligations. Thoroughly review it before accepting a job offer. Here is an informative article if you want to know more:
📰 Understanding Employment Contracts

■ Seeking Legal Advice:

If you are facing any employment issues, it’s highly recommended to consult with a labor lawyer or legal professional specializing in employment law. They can provide personalized guidance and protect your rights.

■ Resources for Expats:

Several organizations provide support and resources for expats in Japan, including the Japan Trade Union Confederation (JTUC) and the Ministry of Health, Labour and Welfare.

• ● Labor Standards Supervision Office
• ● Japan Federation of Bar Associations
• ● Ministry of Justice, Immigration Bureau

Take Away

Navigating job changes in Japan can be challenging for expats. By understanding your rights, familiarizing yourself with the relevant laws and regulations, and seeking professional advice when needed, you can successfully manage employment transitions and ensure a positive experience in the Japanese workforce.