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Basics of Labor Standards Laws 2

Following to the last notes of February 20, 2021, today May 5, I am going to add one of the most important topics entitled “Resignation and Dismissal”.

7. Resignation and Dismissal

1) Resignation

You can resign anytime from your workplace but be sure to follow procedures when you decide to leave. Foreign workers in Japan are on a fixed-term employment style. Therefore, this section explains mainly for those people.

You are guaranteed to continue working up to the expiry of the working contract. If you want to terminate your contract, you may inform of the resignation notice in advance to the employer so they can find your successor. Otherwise your employer may be troubled due to a short of labor force. If the employer requires a compensation as a mid-period retirement for a reason of non-finding alternative personnel, you do not have to pay. It is against the law.

If your employer obliges you resignation without a proper reason, you do not have to follow. It is illegal.

In any case it is advisable to talk with the employer for a smooth succeeding process.

2) Dismissal

Japanese labor laws organizes severe restrictions on dismissal. Restrictions cases are shown on the following.

  1. absence from work for a medical treatment due to injuries or illness in the course of employment nor within 30 days thereafter
  2. absence of female employee before and after childbirth nor within 30 days thereafter
  3. reason of employee’s gender, marriage status
  4. reason of female employee’s pregnancy or requesting maternity leave
  5. reason of employees’ organizing a labor union
On the other hand, Civil Law gives an employer a right to propose to terminate if the employer has appropriate reasons such as;
  1. whether the personnel reduction is necessary
  2. whether the company made efforts to avoid by not hiring new employees
  3. the criteria for reduction must be objective, rational, and fair
  4. whether the company made efforts to explain to the employees’ satisfaction the rationale of staff reductions and the necessity of dismissal
  5. natural disasters such as big earthquakes, volcanic eruption which made an employer cannot continue work activities

8. Power Harassment

A report of the working group of the Ministry of Health, Labor and Welfare Workplace was compiled power harassment as any kind of behavior in which a person abuses his or her position, personal relationship, to inflict emotional distress or physical pain to a co-worker or cause the deterioration. What is considered workplace power harassment includes but is not limited to:

  1. Physical abuse (assault, inflicting bodily injury)
  2. Mental abuse (intimidation, defamation, insult, abusive language)
  3. Segmentation from personal relationships (isolation, ostracization, neglect)
  4. Imposition (imposing tasks that are obviously unnecessary or impossible assignment)
  5. Too little demand (not giving any work)
  6. Invasions of privacy (intrusion into private affairs)
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