Termination

Terminating employment, notice periods, termination payments and rights to references.

Japan :: Disciplinary procedures

Where an employer takes disciplinary action against an employee they must ensure that the action is based on objectively reasonable grounds and is appropriate in light of the characteristics and mode of the misconduct …

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Japan :: Termination payments

Whether a payment is to be made upon the termination of the employment contract (by reason of dismissal, resignation or retirement) is to be determined by the company’s rules of employment, their employment contract or any other agreement made between the employer and employees …

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Japan :: Termination of a fixed-term contract

A fixed-term contract cannot be terminated before its expiry date, unless there are unavoidable circumstances …

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Japan :: Termination during the trial period

If during, or at the end of, the trial period an employer decides not to continue the employment relationship, then the usual procedure for dismissal must be followed …

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Japan :: Resignation

The Japanese Civil Code states that employees may terminate their employment by providing two weeks’ notice …

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Japan :: Protected characteristics

Dismissals may be considered ineffective because an employer is seen to have abused its right of dismissal due to the dismissed person having a protected characteristic …

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Japan :: Notice periods

Where an employer wishes to terminate the employment relationship they must give the employee at least 30 days notice …

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Japan :: Dismissal/unfair dismissal

Japan is not a “hire and fire at will” jurisdiction and, in practice, it is very difficult to terminate any employee, even during a probationary period or after a fixed-term contract ends …

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Japan :: Adjustment dismissals

Any decision to make even one employee redundant is regarded as momentous and taken very seriously by employers …

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