Probation extended or employment terminated in Japan? Your options

1. Does probation allow an employer to dismiss you freely?

Probation commonly forms part of an employment contract that has already begun. An employer may have broader scope to assess suitability during probation than after it, but a decision to terminate must still have objectively reasonable grounds and be socially acceptable in light of the purpose of probation. Saying that you “did not pass” does not, by itself, establish that the decision is valid.

Check whether a stated period is genuinely the term of a fixed-term contract or a period for assessing suitability within an ongoing employment relationship. Its purpose, the parties’ agreement and how the employment operated matter; the label alone does not decide this. Expiry of a fixed-term contract and dismissal before it expires raise different questions. Ending a genuine fixed-term contract early generally requires unavoidable circumstances under Japanese law. For the wider framework, see our dismissal guide.

2. Can probation be extended without your agreement?

An extension needs an objectively reasonable basis. Check any provision in your contract or work rules permitting an extension and whether its conditions have been met. If the employer is seeking to change existing terms, the rules on agreement and changes to work rules also need to be considered. Whether you signed an extension document is relevant, but the presence or absence of a signature does not settle every issue.

An excessively long probation period can be invalid to the extent that it exceeds the reasonable period needed to assess suitability. Repeated extensions also require scrutiny. Extending probation does not give the employer an unrestricted right to dismiss you.

• The original terms: the agreed probation period, any extension clause and the work rules you were given access to.
• The explanation: the specific matters still to be assessed and why the employer says more time is needed.
• The timing and length: when the extension was communicated, whether the original period had ended, the new end date and any earlier extensions.
• The assessment process: the goals, support, review dates and how the final decision will be made.
• Your response: what you signed, said or wrote, including any disagreement or request for clarification.

Ask for unclear terms and reasons to be explained in writing, and keep your response. Seek advice before signing a document that also changes pay, ends employment or releases claims. An acknowledgment of receipt and agreement to changed terms can have different meanings; read the whole document.

3. What if there were no warnings or specific examples?

The absence of warnings or guidance may be relevant, but it does not automatically make an extension or dismissal invalid. The assessment depends on the role, the reasons given and the surrounding facts. Preserve material that helps compare the employer’s stated concerns with what happened in practice.

• The job description, recruitment discussions, experience required and responsibilities you were expected to undertake.
• The standards communicated to you, examples of alleged problems, your earlier feedback and any changes in how your work was assessed.
• Training, instructions, resources and opportunities to respond or improve, together with the work you completed and explanations you gave.

A performance improvement plan (PIP) is not itself a new probation period. If the employer uses a PIP during probation, keep both sets of documents and distinguish the assessment process from any proposal to extend probation or end employment.

4. What if you are told not to come to work tomorrow?

Clarify whether the employer is dismissing you, directing you not to attend while employment continues, or asking you to agree to leave. Ask for the decision, effective date and reasons in writing. If you have been given notice of dismissal, you can request a certificate stating the reasons; a dismissal reason can also be included in a certificate requested after employment ends.

Under Japanese law, dismissal generally requires at least 30 days’ notice, average wages for the days of notice not given, or a combination, subject to statutory exceptions. For a worker on probation, the notice requirement is generally excluded during the first 14 days of continuous employment; that probation exception no longer applies once continuous employment exceeds 14 days. Extending probation does not restart those 14 days.

Notice and validity are separate. Paying notice allowance does not by itself make a dismissal valid, and the initial 14-day exception is not permission to dismiss at will. If you are told to sign a resignation or separation agreement, distinguish that proposal from an employer’s dismissal decision. See what to do after dismissal and what to check before agreeing to resign.

5. What should you prepare for a consultation?

• Your employment contract, offer, job description and the relevant work rules.
• Probation and extension notices, evaluation records, training or guidance records, and any dismissal or separation documents.
• Relevant emails and messages, with a short timeline of employment, reviews, extensions and deadlines.
• Your objectives: continuing in the job, challenging the decision, or negotiating agreed departure terms.

Preserve relevant records that you are entitled to retain. Do not access company systems without authorization or take unrelated confidential material. Tell us what records exist before sending sensitive company information.

Yoshikawa Law Firm represents English-speaking employees in negotiations with employers, labor tribunal proceedings and litigation. We assess the contractual terms, evaluation records and reasons given, and discuss the approach suited to your objectives. These are possible routes, not a required sequence.

Our team includes Shoichi Hara and Hideyuki Idenawa, both former judges in Japan who heard employment cases. We draw on that experience when assessing evidence and considering negotiation or court proceedings. Read about our approach and how the lawyer in charge is decided for each matter.

Consultations and communications can be conducted in English. Court proceedings are conducted in Japanese, and any translation or interpretation costs are discussed separately. See our free initial 30-minute consultation and fees and request a consultation in English.

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.

References

• Ministry of Health, Labour and Welfare: probation and summaries of court decisions (Japanese).
• MHLW-commissioned seminar material: probation, printed pages 15–16 (Japanese).
• Labor Contract Act and Labor Standards Act, e-Gov (Japanese).

Contact

Request a consultation in English

Tell us your employer’s name, what has happened and any deadlines. The first 30 minutes of your initial consultation are free. We will normally send an initial response within two business days of receiving your inquiry. We check for conflicts of interest in parallel with our initial communications.

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Sending the form does not by itself engage us for negotiation or proceedings. Please do not send confidential company material until we have confirmed that we can act for you.

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.