Fired in Japan? What to do next

What to check first after being fired in Japan

Who your employer is

Check the official name of the company named as your employer in your contract. If you work through a staffing agency (haken), the end of your assignment at the client company and the end of your employment contract with the agency are two different things. Ask the agency whether your employment continues, whether a new assignment is available, and how work and pay are handled in the meantime (see the agency-work section of the non-renewal article). At a foreign-owned company, distinguish the group name and your place of work from the entity that is your employer under the contract. Your contractual employer and the organisation you must report about to the Immigration Services Agency are not always the same (section 5).

How your employment is ending

Being told "we want you to leave" can mean legally different things.

• Dismissal. The employer unilaterally ends your employment contract. A dismissal that lacks objectively reasonable grounds and is not considered appropriate in general social terms is invalid (Labour Contract Act, Art. 16).
• A request to resign (taishoku kansho). The employer asks you to resign. You are not obliged to agree, and refusing does not by itself end your employment contract. Even if you have signed a resignation letter or an agreement, its wording and the circumstances in which you signed need to be reviewed (Asked to resign in Japan?).
• Non-renewal (yatoidome). The employer does not renew a fixed-term employment contract when it expires. Depending on the renewal history and whether you had a reasonable expectation of renewal, non-renewal can be challenged (Labour Contract Act, Art. 19). If you want your contract renewed, tell your employer (the agency, if you are an agency worker) before the expiry date and keep a record. If the contract has already expired and you still want renewal, request a new contract without delay and seek advice at the same time (Employment contract not renewed in Japan?).
• If you are on a fixed-term employment contract, compare the contract's expiry date with the end date the employer has given you. If the contract is simply not being renewed at expiry, read the non-renewal article. If the employer is ending the contract unilaterally before the expiry date, the next item applies.
• Dismissal before a fixed-term contract ends. Unlike non-renewal at expiry, the employer needs "unavoidable circumstances" to dismiss you during the term (Labour Contract Act, Art. 17(1)).

Do not rely on the label the company uses. Check the content of the notice, your contract and what was said, and ask for an explanation in writing. A notice of dismissal can be legally effective even if it is given only orally.

Key dates

Record the following separately: (1) the date on the notice and the date you actually received it; (2) your last working day and the end date of employment stated by the employer; (3) any deadline the employer has set for your reply. While your employment continues, you are not automatically unpaid just because you are not required to come to the office or to work at the client site. Check how wages or a leave allowance will be handled, and if you are told you will not be paid, ask on what basis. The deadline for replying to the employer's proposal and the legal time limits for contesting a dismissal are different things. If you miss the reply deadline, the proposed separation terms may be withdrawn.

Check what you are being asked to sign or agree to

• If you are asked to sign, check whether the document is merely an acknowledgement of receipt or whether it includes agreement to leave or a waiver of rights. Even if it is headed "acknowledgement of receipt", read the whole document to make sure it does not contain agreement to resign or a waiver. If you do not understand the content or its meaning, do not sign on the spot; ask for an explanation and time to consider. A spoken or emailed "I understand" can also be taken as agreement, so if you do not agree to leave, say so clearly.
• If you are dismissed, you can request a certificate stating the reasons for dismissal (Labour Standards Act, Art. 22: paragraph 2 after notice of dismissal and before leaving, paragraph 1 after leaving). Record the reasons the employer gives and keep them for review. A dismissal notice and a certificate of reasons serve different purposes. Receiving a notice does not mean it contains the reasons you are entitled to; you can request a certificate stating them.

Confirm work instructions and preserve records

• Confirm the employer's instructions on whether you must come to work, handover of duties, and the return of company equipment and accounts, and get written confirmation of how work and pay will be handled up to the end date of employment.
• Note the date, time, attendees and what was said at each meeting, on the same day.
• Secure the documents you can lawfully obtain and keep: your employment contract, the written statement of working conditions, documents on renewals or changes of duties or place of work (for contracts concluded or renewed from April 2024, the scope of possible changes to place of work and duties, and for fixed-term contracts any renewal cap, must be stated), payslips, and notices addressed to you. If you forward company email or documents outside the company, be careful about confidential information, third parties' personal data and internal rules. Access to company systems is often cut off around the end date of employment.

Check pay, documents, health insurance and pension arrangements

Notice of dismissal and statutory pay in lieu of notice

As a rule, the employer must give at least 30 days' notice of dismissal or pay average wages for the days by which the notice falls short (statutory pay in lieu of dismissal notice, or "notice pay") (Labour Standards Act, Art. 20). There are exceptions where the Labour Standards Inspection Office has approved an exemption, and the requirement does not apply to certain short-term employees or during the first 14 days of a probationary period (Art. 21). Calling a dismissal "disciplinary" does not by itself remove the notice requirement. Also check whether your contract or the work rules provide a longer notice period or a separate payment. Requesting or receiving statutory pay in lieu of dismissal notice does not automatically mean that you accept the dismissal. However, the accompanying documents and communications may show an agreement to end your employment or not to challenge the dismissal. Before signing any document when receiving the payment, check its contents. If you do not accept the dismissal, make this clear to your employer and keep a record. Notice pay is a rule for dismissals; it does not apply to termination by mutual agreement or to non-renewal.

Final pay

Check wages up to the end date, unpaid overtime, and any retirement allowance (taishokukin — a payment on leaving employment that is not limited to retirement at retirement age; whether it is payable depends on the applicable rules or agreement). If you claim unpaid wages after leaving, the undisputed part must in principle be paid within seven days of your request (Labour Standards Act, Art. 23). Check your remaining paid annual leave and whether you can take it before the end date. The employer is not legally required to buy out unused leave.

Documents to obtain when you leave

The employment insurance separation notice (rishoku-hyo — needed for unemployment benefits; if you meet the conditions, available through Mynaportal since 20 January 2025), your employment insurance card (koyo hoken hihokensha-sho), your withholding tax certificate (gensen choshu-hyo), and, if you request it, an employer-issued certificate confirming employment details on leaving employment (taishoku shomeisho). If needed, a certificate of loss of health insurance coverage. The separation notice and the certificate of employment details are different documents.

Health insurance and pension

After you leave, your health insurance options are: coverage through a new employer, voluntary continuation of your current plan, National Health Insurance, or becoming a dependant on a family member's plan. For Kyokai Kenpo and health insurance societies, voluntary continuation requires, among other things, at least two months of continuous coverage up to your last day, and you must apply to your current insurer, in principle within 20 days of the day after you leave. Other schemes such as the Private School Mutual Aid have different eligibility rules and deadlines, so check with the scheme you are currently in. Apply for National Health Insurance at your municipal office. Check the position of any dependants too. Receiving basic unemployment benefits can mean you no longer qualify as a dependant on a family member's health insurance; if you plan to become a dependant, tell the family member's insurer the expected benefit amount. Pension procedures depend on your age, whether you find new employment, and whether you will be covered as a spouse's dependant (see the Japan Pension Service guidance).

Check your status of residence and unemployment benefits

Status of residence and immigration notifications

• First check the status of residence and the period of stay on your residence card. Leaving your job does not by itself cancel your status of residence, but it does not mean you can stay unconditionally until the expiry date either, and contesting a dismissal does not by itself extend your period of stay.
• Notifications: holders of statuses such as "Engineer / Specialist in Humanities / International Services" must notify the Immigration Services Agency of the end of the contract with their contracting organisation, and holders of "Instructor" status (for example ALTs) must notify leaving their organisation of activity, in principle within 14 days of the event (Immigration Control Act, Art. 19-16). Notification can be made online or at a counter. Your contractual employer and the organisation you notify about are not always the same. An ALT working under "Instructor" status must file a notification about the organisation of activity when leaving or transferring from the school where they actually work, even if their employment with the dispatch company continues.
• The three-month rule: for statuses such as "Engineer / Specialist in Humanities / International Services", not carrying out the activity permitted under your status for three months or more without a justifiable reason is a ground for revocation (Immigration Control Act, Art. 22-4). This is assessed individually, taking into account your job search, so keep records of applications and interviews.
• Notifying that you have left your job and the procedure needed to work for a new employer are separate. Some statuses, such as "Highly Skilled Professional (i)" and "Specified Skilled Worker", require permission to change status when you change employer. Check your residence card and, if you have one, your designation letter, and confirm the permitted scope of activities and the required procedures before starting a new job or part-time work.
• We do not handle applications, changes or notifications concerning status of residence. If you wish, we can refer you to a specialist who handles immigration matters.

Unemployment benefits through Hello Work

• Basic unemployment benefits require a minimum period of insured employment and that you are able and willing to work and are looking for work. You apply at Hello Work, and you need the separation notice (rishoku-hyo).
• Whether leaving because of dismissal or a request to resign makes you a "specified qualified recipient" (tokutei jukyu shikakusha) is decided by Hello Work after checking the facts. If it does, the benefit-restriction period that applies to voluntary resignation without a justifiable reason (in principle one month for separations on or after 1 April 2025) does not apply. However, a dismissal for serious misconduct attributable to you is excluded from the dismissal category of specified qualified recipients.
• The waiting period is seven days of unemployment counted from the day you file your claim, not seven days from your last day of employment. The end of the waiting period and the date money arrives are different. Benefits are paid after certification of unemployment, so ask Hello Work when to expect the first payment and budget separately for living costs in the meantime.
• Check the "reason for separation" stated on the separation notice and, if it is inaccurate, raise it with Hello Work. If the separation notice does not arrive, do not keep waiting; consult Hello Work. If you are contesting the dismissal, tell them and confirm how to proceed.

Decide your next steps and where to get help

• If you do not accept the dismissal: tell the employer, accurately, whether you have agreed to leave and whether you currently wish to continue working. You can seek advice even before deciding whether you want reinstatement or a financial settlement. If you claim wages for the period after the dismissal, your willingness and ability to work will be relevant, and part of any income from a new job may be deducted (Civil Code, Art. 536(2)).
• Time limits: there is no single short deadline for bringing a claim that a dismissal is invalid, but unpaid wages are in principle time-barred three years from each payment date, and retirement allowances five years (Labour Standards Act, Arts. 115 and 143(3)). Evidence can become harder to secure and contract- or scheme-specific deadlines harder to meet, so check early.
• The ways to resolve a dispute are negotiation, conciliation (assen) at the Prefectural Labour Bureau, labour tribunal proceedings, and litigation. Whether you can contest the dismissal, what you can claim and which procedure to choose are covered in our guide "Unfair Dismissal in Japan — Advice for Employees".

Where to get help (choose by purpose)

Contact	What it is for
A lawyer	Legal advice on the validity of the dismissal, separation terms and your claims; representation in negotiation, labour tribunal proceedings and litigation if you instruct them.
The general labour consultation corner at the Prefectural Labour Bureau	Free consultation and applications for conciliation (assen). Whether English is available, and when, varies by office, so check first (the published version links directly to the official English guidance).
The Labour Standards Inspection Office	Reporting breaches of the law such as unpaid wages or unpaid notice pay (it does not decide whether a dismissal is valid under civil law).
A labour union	Collective bargaining. Some general unions accept individual members, and some operate in English.

Which article to read next

• You do not accept the reasons for dismissal → "Unfair Dismissal in Japan — Advice for Employees"
• Your position is being eliminated or there is a restructuring → Laid off in Japan?
• You are being asked to resign "voluntarily" → Asked to resign in Japan?
• You have been put on a PIP → Put on a PIP in Japan?
• You have been offered a severance package → Severance pay in Japan
• You have been told your contract will not be renewed → Employment contract not renewed in Japan?

Terminology used in this article

• dismissal — the employer unilaterally ending your employment contract (not limited to dismissal for misconduct)
• the end of employment / how your employment is ending — general terms; where "termination" is used, check whether it means dismissal, termination by mutual agreement or expiry of a fixed term
• layoff / redundancy — treated as the company's label; check what is actually happening
• statutory pay in lieu of dismissal notice (notice pay) — kaiko yokoku teate
• resignation / termination by mutual agreement / a request to resign — kept distinct
• retirement allowance (taishokukin) — not limited to retirement at retirement age; payable only under the applicable rules or agreement
• employment insurance separation notice (rishoku-hyo) / employer-issued certificate confirming employment details on leaving employment (taishoku shomeisho) / certificate stating the reasons for dismissal — "certificate of separation" is not used on its own
• status of residence — zairyu shikaku ("visa" only as a supplementary term)

Discuss your next steps with an employment lawyer — We review your documents and the facts, and set out the issues, your options and the terms to negotiate.

References

• Labour Contract Act, Arts. 16, 17(1), 19 and 21
• Labour Standards Act, Arts. 15, 20, 21, 22, 23, 26, 39, 104, 115 and 143(3); Ordinance for Enforcement of the Labour Standards Act, Art. 5
• Reference cases (with limits): Hosoya Fukuso case (Supreme Court, Second Petty Bench, 11 March 1960, Minshu Vol. 14 No. 3, p. 403: when a dismissal without notice or notice pay takes effect; payment of notice pay does not cure a defect in the grounds for dismissal); Yawata Steel case (Supreme Court, First Petty Bench, 27 April 1961, Minshu Vol. 15 No. 4, p. 974: unreserved receipt of retirement payments and a long period without contesting supported an implied agreement not to contest or a good-faith bar; receipt alone does not forfeit the claim); Ishikawajima-Harima Heavy Industries case (Osaka High Court, 22 April 1966, Rominshu Vol. 17 No. 2, p. 613; Hanrei Jiho No. 468, p. 63: similar; the effect of receipt alone is not generalised); Telemart case (Osaka District Court, 26 April 2007, Rodo Hanrei No. 944, p. 61: dismissal held invalid despite a no-contest undertaking and receipt of notice pay and a lump sum)
• Civil Code, Arts. 522, 523(2) and 536(2)
• Immigration Control and Refugee Recognition Act, Arts. 19-16 (organisation of activity: item 1; contracting organisation: item 2), 20, 21 and 22-4(1)(vi)
• Employment Insurance Act, Arts. 4(3), 13, 21, 23(2) and 33; Ordinance for Enforcement, Art. 36
• Health Insurance Act, Arts. 3(4) and 37; National Health Insurance Act; Private School Personnel Mutual Aid Act, Art. 25
• MHLW guidance: separation notices via Mynaportal (from 20 January 2025); revised rules on stating working conditions (April 2024); revised benefit-restriction period (separations on or after 1 April 2025)
• Kyokai Kenpo and Private School Mutual Aid guidance on voluntary continuation; Immigration Services Agency Q&A on notifications concerning organisations
• JFBA Rules on Advertising by Attorneys, Art. 3

This article is general information, not legal advice on your situation. Figures and procedures are as at the time of writing and may change. We do not handle applications, changes or notifications concerning status of residence; if you wish, we can refer you to a specialist who handles immigration matters.

Contact

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Tell us your employer's name, your reply deadline and what has happened. We check for conflicts of interest first and reply within one to three business days.

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This article is provided for general informational purposes only and does not constitute legal advice on any specific matter. Please consult us regarding your specific situation. The content is based on the laws and regulations in effect as of the date of the last update.