ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us franšais | español
> GOVERNANCE - home > Employment protection legislation database - EPLex > Japan

Japan - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Japan - 2019    

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