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> GOVERNANCE - home > Employment protection legislation database - EPLex > Japan

Japan - Procedural requirements for individual dismissals


Notification to the worker to be dismissed: no specific form required

Remarks:
  • No statutory provision on the form of notice.

Notice period:
Remarks:
  • Art. 20 (1) LSA: at least 30 days advance notice.

    However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
    * workers employed on a daily basis if they have worked for less than one month;
    * workers employed for a specific period not exceeding two months;
    * seasonal workers employed for a specific period not exceeding four months; and
    * workers during a trial period if they have worked for less than 14 days.

    In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

    • tenure ≥ 6 months
      • 30 day(s).
    • tenure ≥ 9 months
      • 30 day(s).
    • tenure ≥ 2 years
      • 30 day(s).
    • tenure ≥ 4 years
      • 30 day(s).
    • tenure ≥ 5 years
      • 30 day(s).
    • tenure ≥ 10 years
      • 30 day(s).
    • tenure ≥ 20 years
      • 30 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 20(1) LSA.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Remarks:
    • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

    Approval by public administration or judicial bodies: No

    Remarks:
    • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: no specific form required

    Remarks:
    • No statutory provision on the form of notice.

    Notice period:
    Remarks:
    • Art. 20 (1) LSA: at least 30 days advance notice.

      However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
      * workers employed on a daily basis if they have worked for less than one month;
      * workers employed for a specific period not exceeding two months;
      * seasonal workers employed for a specific period not exceeding four months; and
      * workers during a trial period if they have worked for less than 14 days.

      In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

      • tenure ≥ 6 months
        • 30 day(s).
      • tenure ≥ 9 months
        • 30 day(s).
      • tenure ≥ 2 years
        • 30 day(s).
      • tenure ≥ 4 years
        • 30 day(s).
      • tenure ≥ 5 years
        • 30 day(s).
      • tenure ≥ 10 years
        • 30 day(s).
      • tenure ≥ 20 years
        • 30 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 20(1) LSA.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Remarks:
      • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

      Approval by public administration or judicial bodies: No

      Remarks:
      • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: no specific form required

      Remarks:
      • No statutory provision on the form of notice.

      Notice period:
      Remarks:
      • Art. 20 (1) LSA: at least 30 days advance notice.

        However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
        * workers employed on a daily basis if they have worked for less than one month;
        * workers employed for a specific period not exceeding two months;
        * seasonal workers employed for a specific period not exceeding four months; and
        * workers during a trial period if they have worked for less than 14 days.

        In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

        • tenure ≥ 6 months
          • 30 day(s).
        • tenure ≥ 9 months
          • 30 day(s).
        • tenure ≥ 2 years
          • 30 day(s).
        • tenure ≥ 4 years
          • 30 day(s).
        • tenure ≥ 5 years
          • 30 day(s).
        • tenure ≥ 10 years
          • 30 day(s).
        • tenure ≥ 20 years
          • 30 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 20(1) LSA.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Remarks:
        • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

        Approval by public administration or judicial bodies: No

        Remarks:
        • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: no specific form required

        Remarks:
        • No statutory provision on the form of notice.

        Notice period:
        Remarks:
        • Art. 20 (1) LSA: at least 30 days advance notice.

          However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
          * workers employed on a daily basis if they have worked for less than one month;
          * workers employed for a specific period not exceeding two months;
          * seasonal workers employed for a specific period not exceeding four months; and
          * workers during a trial period if they have worked for less than 14 days.

          In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

          • tenure ≥ 6 months
            • 30 day(s).
          • tenure ≥ 9 months
            • 30 day(s).
          • tenure ≥ 2 years
            • 30 day(s).
          • tenure ≥ 4 years
            • 30 day(s).
          • tenure ≥ 5 years
            • 30 day(s).
          • tenure ≥ 10 years
            • 30 day(s).
          • tenure ≥ 20 years
            • 30 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 20(1) LSA.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Remarks:
          • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

          Approval by public administration or judicial bodies: No

          Remarks:
          • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: no specific form required

          Remarks:
          • No statutory provision on the form of notice.

          Notice period:
          Remarks:
          • Art. 20 (1) LSA: at least 30 days advance notice.

            However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
            * workers employed on a daily basis if they have worked for less than one month;
            * workers employed for a specific period not exceeding two months;
            * seasonal workers employed for a specific period not exceeding four months; and
            * workers during a trial period if they have worked for less than 14 days.

            In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

            • tenure ≥ 6 months
              • 30 day(s).
            • tenure ≥ 9 months
              • 30 day(s).
            • tenure ≥ 2 years
              • 30 day(s).
            • tenure ≥ 4 years
              • 30 day(s).
            • tenure ≥ 5 years
              • 30 day(s).
            • tenure ≥ 10 years
              • 30 day(s).
            • tenure ≥ 20 years
              • 30 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 20(1) LSA.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Remarks:
            • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

            Approval by public administration or judicial bodies: No

            Remarks:
            • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: no specific form required

            Remarks:
            • No statutory provision on the form of notice.

            Notice period:
            Remarks:
            • Art. 20 (1) LSA: at least 30 days advance notice.

              However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
              * workers employed on a daily basis if they have worked for less than one month;
              * workers employed for a specific period not exceeding two months;
              * seasonal workers employed for a specific period not exceeding four months; and
              * workers during a trial period if they have worked for less than 14 days.

              In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

              • tenure ≥ 6 months
                • 30 day(s).
              • tenure ≥ 9 months
                • 30 day(s).
              • tenure ≥ 2 years
                • 30 day(s).
              • tenure ≥ 4 years
                • 30 day(s).
              • tenure ≥ 5 years
                • 30 day(s).
              • tenure ≥ 10 years
                • 30 day(s).
              • tenure ≥ 20 years
                • 30 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 20(1) LSA.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Remarks:
              • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

              Approval by public administration or judicial bodies: No

              Remarks:
              • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: no specific form required

              Remarks:
              • No statutory provision on the form of notice.

              Notice period:
              Remarks:
              • Art. 20 (1) LSA: at least 30 days advance notice.

                However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
                * workers employed on a daily basis if they have worked for less than one month;
                * workers employed for a specific period not exceeding two months;
                * seasonal workers employed for a specific period not exceeding four months; and
                * workers during a trial period if they have worked for less than 14 days.

                In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

                • tenure ≥ 6 months
                  • 30 day(s).
                • tenure ≥ 9 months
                  • 30 day(s).
                • tenure ≥ 2 years
                  • 30 day(s).
                • tenure ≥ 4 years
                  • 30 day(s).
                • tenure ≥ 5 years
                  • 30 day(s).
                • tenure ≥ 10 years
                  • 30 day(s).
                • tenure ≥ 20 years
                  • 30 day(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 20(1) LSA.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Remarks:
                • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

                Approval by public administration or judicial bodies: No

                Remarks:
                • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: no specific form required

                Remarks:
                • No statutory provision on the form of notice.

                Notice period:
                Remarks:
                • Art. 20 (1) LSA: at least 30 days advance notice.

                  However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
                  * workers employed on a daily basis if they have worked for less than one month;
                  * workers employed for a specific period not exceeding two months;
                  * seasonal workers employed for a specific period not exceeding four months; and
                  * workers during a trial period if they have worked for less than 14 days.

                  In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

                  • tenure ≥ 6 months
                    • 30 day(s).
                  • tenure ≥ 9 months
                    • 30 day(s).
                  • tenure ≥ 2 years
                    • 30 day(s).
                  • tenure ≥ 4 years
                    • 30 day(s).
                  • tenure ≥ 5 years
                    • 30 day(s).
                  • tenure ≥ 10 years
                    • 30 day(s).
                  • tenure ≥ 20 years
                    • 30 day(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 20(1) LSA.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Remarks:
                  • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

                  Approval by public administration or judicial bodies: No

                  Remarks:
                  • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

                  Approval by workers' representatives: No

                  Notification to the worker to be dismissed: no specific form required

                  Remarks:
                  • No statutory provision on the form of notice.

                  Notice period:
                  Remarks:
                  • Art. 20 (1) LSA: at least 30 days advance notice.

                    However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
                    * workers employed on a daily basis if they have worked for less than one month;
                    * workers employed for a specific period not exceeding two months;
                    * seasonal workers employed for a specific period not exceeding four months; and
                    * workers during a trial period if they have worked for less than 14 days.

                    In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

                    • tenure ≥ 6 months
                      • 30 day(s).
                    • tenure ≥ 9 months
                      • 30 day(s).
                    • tenure ≥ 2 years
                      • 30 day(s).
                    • tenure ≥ 4 years
                      • 30 day(s).
                    • tenure ≥ 5 years
                      • 30 day(s).
                    • tenure ≥ 10 years
                      • 30 day(s).
                    • tenure ≥ 20 years
                      • 30 day(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art. 20(1) LSA.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Remarks:
                    • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

                    Approval by public administration or judicial bodies: No

                    Remarks:
                    • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: no specific form required

                    Remarks:
                    • No statutory provision on the form of notice.

                    Notice period:
                    Remarks:
                    • Art. 20 (1) LSA: at least 30 days advance notice.

                      However, in accordance with art. 21 LSA, this rule does not apply to the following workers:
                      * workers employed on a daily basis if they have worked for less than one month;
                      * workers employed for a specific period not exceeding two months;
                      * seasonal workers employed for a specific period not exceeding four months; and
                      * workers during a trial period if they have worked for less than 14 days.

                      In addition, an employer is exempt from obligations pursuant to article 20 LSA if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office (art. 20 (3) LSL).

                      • tenure ≥ 6 months
                        • 30 day(s).
                      • tenure ≥ 9 months
                        • 30 day(s).
                      • tenure ≥ 2 years
                        • 30 day(s).
                      • tenure ≥ 4 years
                        • 30 day(s).
                      • tenure ≥ 5 years
                        • 30 day(s).
                      • tenure ≥ 10 years
                        • 30 day(s).
                      • tenure ≥ 20 years
                        • 30 day(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Art. 20(1) LSA.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Remarks:
                      • No statutory obligation. However, prior consultation may be foreseen in a collective agreement between the employer and a trade union.

                      Approval by public administration or judicial bodies: No

                      Remarks:
                      • Except for a dismissal without notice which is allowed if the continued operation of the undertaking becomes impossible because of a natural disaster or some other unavoidable cause or in the event of dismissal for reasons attributable to the employee. In such cases, an employer is obliged to obtain administrative approval from the head of the local Labour Standards Inspection Office. (art. 20 (3) LSL).

                      Approval by workers' representatives: No