Employment contracts and dismissal in Japan

dismissal is void, not merely expensive — and much else follows from that

The single most consequential fact about Japanese employment is that a dismissal without good reason is void — not compensable, void. The employee remains employed. Lifetime employment, seniority pay and restructuring by voluntary retirement all follow from that one rule.

This page explains the rules. For the numbers — companies that flagged doubt about continuing — see the benchmark page.

The abuse-of-right doctrine

A dismissal that lacks objectively reasonable grounds and is not socially acceptable is an abuse of right and is void. The test was developed by the courts over decades and written into statute in 2007.

The employer bears the burden in practice, and the bar is high: poor performance alone rarely clears it without evidence of training, warnings and attempted reassignment first. At-will employment does not exist in Japan, and a contract clause purporting to create it is unenforceable.

Notice is a separate, lower requirement

An employer must give 30 days' notice or pay 30 days' average wages in lieu. This is procedural. Paying it does not make an otherwise unjustified dismissal valid — a common and expensive misunderstanding for foreign-owned employers in Japan.

Redundancy is judged on four elements

Where the reason is economic rather than personal, courts weigh: whether there was a genuine business necessity; whether the employer made real efforts to avoid dismissals (cutting overtime, halting hiring, redeploying, seeking volunteers); whether the selection of individuals was reasonable and objective; and whether the procedure included proper explanation and consultation.

This is why Japanese restructuring is announced as a voluntary early retirement scheme with an enhanced payout rather than as layoffs — see how retirement lump sums work. The enhancement buys agreement, and agreement removes the legal problem.

Fixed-term contracts and the five-year rule

An employee on repeated fixed-term contracts totalling more than five years may require conversion to an indefinite contract. The rule runs from April 2013, so the first conversions arose in April 2018. Separately, non-renewal of a contract that has been repeatedly renewed, or where continuation was reasonably expected, is judged by broadly the same standard as a dismissal.

Resigning is easy. For an indefinite contract the Civil Code default is two weeks' notice, though work rules commonly ask for a month or more. The asymmetry is deliberate.

Work out the benefit

Employment insurance's basic allowance. The reason for leaving changes the number of days paid — and agreeing to an employer's request to resign is normally treated as employer-initiated.

Total, estimated
¥00k
Daily allowance
¥0
for 0 days

Resigning carries a waiting restriction. After the seven-day waiting period, payment is further suspended for a set period. Employer-initiated departures have no such restriction and payment starts straight after the waiting period. Check the reason recorded on your separation notice — it changes both the total and when payment starts.

How this is calculated: daily wage = pay over the six months before leaving ÷ 180 (approximated here as annual pay ÷ 365), capped and floored by age, then converted to a daily allowance at a rate that is higher for lower wages (80% down to 50%). The number of days depends on years insured, and on age as well where the departure was employer-initiated. Caps and floors are revised every 1 August. Extensions and the special categories are not modelled. Confirm with Hello Work.

Total figures are in units of 10,000 yen. See also the take-home calculator.

Other calculators

Take-home payChildcare leave benefitWhat the 2026 changes didall calculators. The salary you enter is carried across.

Common questions

Can you be fired in Japan?
A dismissal that lacks objectively reasonable grounds and is not socially acceptable is void, not merely compensable, and the employee remains employed. Poor performance alone rarely clears the bar without evidence of training, warnings and attempted reassignment.
Does paying 30 days' notice make a dismissal lawful in Japan?
No. Thirty days' notice or pay in lieu is a procedural requirement. It does not make an otherwise unjustified dismissal valid.
Does at-will employment exist in Japan?
No. A contract clause purporting to create it is unenforceable.
How much notice do I give to resign in Japan?
For an indefinite contract the Civil Code default is two weeks, though work rules commonly ask for a month or more.
Can a fixed-term employee become permanent in Japan?
An employee on repeated fixed-term contracts totalling more than five years may require conversion to an indefinite contract. The rule runs from April 2013, so the first conversions arose in April 2018.
How much is unemployment benefit in Japan on a 5 million yen salary?
At 35 with ten years of insured employment, the daily allowance is ¥6,849. Resigning pays it for 120 days — about ¥821,880 — while an employer-initiated departure pays it for 240 days, about ¥1.64m.
How much does the reason for leaving change unemployment benefit in Japan?
On the same figures, resignation gives 120 days and ¥821,880; employer-initiated gives 240 days and ¥1.64m. The total doubles. Resignation also carries a waiting restriction, so payment starts later as well.
How is the daily unemployment allowance calculated in Japan?
Pay before leaving is converted to a daily wage, capped and floored by age, then multiplied by a rate that is higher for lower wages (80% down to 50%). On 2 million yen at 25 that is ¥4,383 a day for 90 days (¥394,470); on 5 million yen at 35 it is ¥6,849 a day.
How many days does unemployment benefit last in Japan?
It depends on years insured, and on age as well where the departure was employer-initiated. Resignation gives 90 days after one year, 120 after ten and 150 after twenty. Employer-initiated runs longer — up to 330 days at 45–59 with twenty years or more.

Before you rely on this

Other guides

BonusesRetirement lump sumsGraduate hiringPaid leaveOvertimeParental leaveWomen in managementReading salary figuresContracts and dismissalAnnual securities reportsall guides.

Sources: Labour Contract Act (Act No. 128 of 2007), Articles 16, 18 and 19 / Labour Standards Act, Article 20 (Act No. 49 of 1947) / Civil Code, Article 627. Summarised by Corpus; not provided or endorsed by any government agency. The figures behind the linked benchmark pages come from Japanese government statistics and company disclosure — see all benchmarks.