Dismissal requires 30 days' notice in principle. Pay an allowance for any shortfall in daysA company cannot fire someone suddenly. It must tell them a month ahead
Under Article 20 of the Labor Standards Act, an employer must give at least 30 days' notice before the dismissal date. For an immediate dismissal without notice, a dismissal notice allowance of at least 30 days of average wages is required, and if notice is shorter than 30 days, an allowance for the shortfall in days must be paid. Certain workers and certified cases are exceptions.
- Notice period required in principle
- 30 days
- - Days of notice actually given
- 20 days
- Shortfall = days to pay allowance for (average wage x days)
- 10 days' worth
Key points
- In principle, give notice at least 30 days before the dismissal date.
- An immediate dismissal without notice requires a dismissal notice allowance of at least 30 days of average wages.
- Paying the average wage for a day shortens the notice period by that many days (Labor Standards Act, Article 20, paragraph 2).
- If notice was given 20 days before, an allowance for the shortfall of 10 days is required.
- Exceptions: day laborers (except those employed for over one month), workers on contracts of up to two months, seasonal workers employed for up to four months, and workers in a trial period (14 days). Cases certified by the head of the Labor Standards Inspection Office, such as natural disasters or reasons attributable to the worker, are also exceptions.
What to do in practice
- Once you decide on a dismissal, count back from the dismissal date and check that notice can be given 30 days ahead.
- If the days of notice fall short, pay the average wage for the missing days as an allowance.
When a company ends a worker's job, it must tell them at least 30 days ahead. If it ends the job suddenly, it has to pay money equal to at least 30 days of wages. If the notice was too short, it pays for the missing days.
- ○Applies: Told them at least 30 days ahead
- ×Does not apply: Did not tell them, and did not pay 30 days' worth of money either
- ○Applies: Told them 20 days ahead and paid the missing 10 days' worth
Points
- To dismiss someone, the usual rule is to tell them at least 30 days ahead.
- If the company dismisses someone suddenly without telling them, it pays at least 30 days' worth of money.
- If some days are missing, it pays for that number of days.
What the words mean
- Dismissal (解雇)
- A company ending a worker's job because of the company's own reasons
- Average wage (平均賃金)
- A guide to a person's usual pay per day
- Ministry of Health, Labour and Welfare (MHLW): MHLW, Check Your Working Conditions: What to do when the notice period is too short
- Ministry of Health, Labour and Welfare (MHLW): MHLW, Check Your Working Conditions: When you are suddenly told you are dismissed
This article summarizes and explains materials published by government agencies and is not advice on any individual case. Rules can change, so for actual procedures and decisions always check the latest original materials and consult professionals such as tax accountants or labor and social security attorneys. English, Simplified Chinese and Traditional Chinese versions are translations prepared from the Japanese articles for convenience. If anything differs, the Japanese text and the original source take precedence.