雇用終了
In Japan, the termination of employment is mainly regulated by the Labour Standards Act and the Labour Contracts Act, which set out the legal framework for various lawful forms of termination.
Employment contracts may end through different modes of termination. On the employer’s side, the LSA recognises ordinary dismissal, disciplinary dismissal, economic dismissal, and the expiration of fixed-term contracts. Ordinary dismissal refers to termination for general reasons such as incompetence, poor performance, or other legitimate business needs, but such dismissal must still meet the standard of reasonableness under the Labour Contracts Act. Disciplinary dismissal applies where the employer invokes the disciplinary provisions of the rules of employment; however, it is still bound by the statutory framework and must be justified by serious misconduct and proportionality.
Under the Civil Code, an indefinite-term employment contract can be terminated by either party with two weeks' notice, but this is heavily restricted by labour laws to prevent abusive practices. For fixed-term contracts, the Labour Contracts Act prohibits dismissal before the contract's expiry unless there are unavoidable circumstances. Causes for termination through dismissal must be based on objectively reasonable grounds and considered socially appropriate. The Labour Standards Act further requires that grounds for dismissal be explicitly stated in the employer's rules of employment, which must be filed with the relevant government agency if the employer has 10 or more workers, covering details of separation from employment, including dismissal grounds.
Upon request of the dismissed employee, the employer must issue a certificate indicating the reason for dismissal in writing and without delay. Both parties can terminate an employment contract of indefinite duration at-will, provided that two weeks' notice is given. A dismissal is, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, treated as an abuse of rights and is invalid. Furthermore, the employer is to include in the workplace rules the matters pertaining to termination of employment, including grounds for dismissal. These rules must be established in all enterprises employing ten or more workers. Reasons for unfair dismissal include marital status, pregnancy, maternity leave, filing a complaint against the employer, temporary work-injury or illness, race, sex, religion, social origin, nationality/national origin, trade union membership and activities, and whistle-blowing.
For collective dismissals, the employer must file an “Outline of Dismissal” with the Chief of the relevant Public Employment Security Office at least 30 days before the effective date and enter into consultation with the Labour Standards Inspection Office and, where applicable, engage in discussions with the trade union. Collective redundancy, as defined in the Act on Advance Notice of Mass Dismissal, hereinafter called “Mass Dismissal Act,” is not a separate type of termination but a procedural framework that applies whenever an employer intends to dismiss within one month either (i) 30 or more employees, or (ii) 5% or more of the workforce if the establishment typically employs 100–999 workers, or (iii) 10 or more employees in an establishment of fewer than 100 workers. If the dismissals involve large-scale employment fluctuations, the employer may be required to prepare and implement a reemployment assistance plan.
Gross misconduct, although not explicitly defined in law, is addressed by the Labour Standards Act, which allows for dismissal “without the required notice period” if an employee commits “a wilful act or gross negligence” that renders the employment relationship “impossible” to continue. These reasons must be verified by the relevant government agency, which must approve the compelling cause. Typical grounds include serious violations specified in company rules, such as theft, violence, or substantial breach of duty, making the continuation of employment untenable.
Unfair dismissal, known as abusive dismissal under the Labour Contracts Act, occurs when a dismissal has no objectively reasonable grounds or is not socially suitable, such as dismissals without sufficient cause, during protected periods (the Labour Standards Act prohibits dismissal during work-related injury treatment or maternity leave and for 30 days afterwards, unless compensation is paid or continuing the business is impossible with agency approval), or in breach of anti-discrimination measures in lawlike the Equal Employment Opportunity Act.
Remedies for unfair dismissal are outlined in the Labour Contracts Act. If a dismissal is deemed void, the employee is considered never to have been dismissed; the employer must immediately reinstate the employee, compensate for lost wages during the unlawful dismissal (based on the employee’s usual rate as per the Labour Standards Act), and restore all employment terms and conditions. If reintegration is not possible, the labour tribunal or court can order the employer to pay damages equivalent to the employee's lost wages until the earliest lawful termination date, along with additional compensation for non-pecuniary harm. These damages are not subject to a statutory limit.
Furthermore, if the dismissal breaches protections under the Labour Standards Act, the employer may also be ordered to pay an administrative surcharge.
Sources: §12, 19, 20, 21,65, 76, 81, 89 & 120 of the Labour Standards Act, 1947; 16-18 of the Labour Contracts Act, 2007; 627 of the Civil Code, 189;7 & 20 of the Labour Union Act; 27 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, 1966; 20 of the Labour Tribunal Act; 9 of the Equal Employment Opportunity Act, 1972
