Japanese Labor Law
Q4: Is there special protection under Japanese law for employees in relation to dismissal?

Yes.
An employer cannot fire employees under certain circumstances.

  • If he/she is absent from work for medical treatment for work-related matters or within 30 days after recovery.
  • If she is absent from work before and after the delivery of a child or within 30 days after returning to work.

In addition, an employer cannot fire a worker,

  • due to his/her nationality, creed or social status;
  • because he/she belongs to a labour union;
  • due to gender; or
  • because she is married or pregnant, or taking leave in relation to childbirth.

There are other reasons an employer cannot apply use to fire an employee under Japanese laws. Please seek legal advice before taking action to fire employees.

The grounds should be judged appropriately on general social terms.

There are case laws in Japan indicating justifiable reasons for legally terminating the employment.

If an employee lacks ability to do the job, the employer is required to take measures to educate him/her to overcome the inability. In the case of misconduct, the court normally looks into the circumstances of the misconduct, such as the frequency and seriousness, if the employee has shown remorse, and the effect of the misconduct on the business of the employer.

As for grounds to fire employees, please seek for professional advice from the Japanese legal aspects of the labor law to avoid future disputes.



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