Wrongfully Fired in Japan? Your Rights and How to Fight Back

Information current as of March 2026 based on the Labor Standards Act, Labor Contract Act, and court precedent. These protections apply to all workers in Japan regardless of nationality or visa status (Labor Standards Act, Art. 3). For a full overview of your rights, see our guide to foreign workers' rights.

The rule: dismissal must be justified

Under the Labor Contract Act, Article 16:

"A dismissal shall, where it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of right and be invalid."

This means your employer bears the burden of proving the dismissal was justified. If they can't, you're still employed — and owed back pay for every month since the attempted dismissal.

30-day advance notice rule (解雇予告)

Under the Labor Standards Act, Article 20:

• Your employer must give you at least 30 calendar days' written notice before dismissal
• Or pay you 解雇予告手当 (kaiko yokoku teate) — 30 days' average wages — in lieu of notice
• Or a combination: e.g., 15 days' notice + 15 days' wages
• Penalty for violation: up to 6 months' imprisonment or a fine of up to ¥300,000

Exceptions (no notice required): probation period under 14 days, daily workers under 1 month, seasonal workers under 4 months, or dismissal approved by the Labor Standards Office for cause (e.g., criminal act by the employee).

Valid vs. invalid dismissal reasons

Generally valid (if properly documented)	Generally invalid
Repeated poor performance after warnings and support	One mistake or one bad quarter
Serious misconduct (theft, fraud, violence)	Minor rule violations
Inability to work due to prolonged illness (after leave exhausted)	Short-term illness or pregnancy
Genuine business redundancy (整理解雇 — strict 4-factor test)	"We're restructuring" without proof of necessity
Criminal conviction	Nationality, gender, union membership, pregnancy

The 4-factor test for redundancy (整理解雇)

If your employer claims economic reasons, courts require ALL four factors:

1. Business necessity: Genuine financial difficulty requiring staff reduction
2. Effort to avoid dismissal: Employer tried alternatives first (hiring freeze, salary cuts, transfers, voluntary retirement)
3. Fair selection criteria: Who gets dismissed was decided on objective, reasonable grounds
4. Good faith procedures: Employer consulted with employees/union and explained the situation

What to do if you're fired: step by step

Step 1: Do NOT sign anything

Your employer may present a 退職届 (taishoku todoke — resignation form) or a settlement agreement. Do not sign. Once you sign a voluntary resignation, it's extremely difficult to contest the dismissal later. Say: サインする前に確認させてください (Sain suru mae ni kakunin sasete kudasai) — Let me check before signing.

Step 2: Request a 解雇理由証明書

Ask your employer in writing: 解雇理由証明書を交付してください (Kaiko riyuu shoumeisho o koufu shite kudasai) — Please provide a written statement of dismissal reasons.

Your employer is legally required to provide this (Labor Standards Act, Art. 22). This document is critical evidence if you contest the dismissal. If they refuse, that itself is a violation you can report to the Labor Standards Office.

Step 3: Record everything

• Save all emails, messages, and documents related to the dismissal
• Note the date, time, and content of verbal conversations
• Keep copies of your employment contract, pay slips, and work records
• If possible, record conversations (one-party consent recording is legal in Japan)

Step 4: Seek help

Where	What they do	Cost
Labor Standards Office (労基署)	Investigates violations, issues guidance to employer	Free
Labor Bureau mediation (あっせん)	Neutral mediator attempts settlement between you and employer	Free
Labor Tribunal (労働審判)	Judge + 2 experts, max 3 hearings, legally binding if not appealed	Filing fee based on claim amount
Civil lawsuit (訴訟)	Full court proceedings for reinstatement + back pay	Lawyer fees + filing fees
Union (労働組合)	Collective bargaining on your behalf	Membership fee

For foreign workers, the Labor Tribunal (労働審判 / roudou shinpan) is often the best option — it's faster than a full lawsuit (typically resolved in 2–3 months with a maximum of 3 hearings) and the outcome is legally binding.

If your employer just fired you and you don't know where to start — especially if everything happened in Japanese you didn't fully understand — post your situation on LO-PAL for free. A local helper can explain what happened, help you request the 解雇理由証明書, and connect you with the right resources.

After dismissal: unemployment benefits

If the dismissal stands (or you choose not to contest it), you may be eligible for unemployment benefits through Hello Work (ハローワーク). The key document is the 離職票 (rishokuhyou — separation certificate). If your employer delays issuing it, see our guide to starting unemployment benefits when the rishokuhyo is delayed.

Important: If you were dismissed (会社都合退職), your waiting period for unemployment benefits is only 7 days. If you resigned voluntarily (自己都合退職), it's 2 months + 7 days. This is why signing a resignation form when you were actually fired costs you real money.

Visa implications

Losing your job does NOT mean you must immediately leave Japan. You can:

• Stay on your current visa until it expires
• Use the designated activities visa (特定活動) for job hunting (up to 6 months, renewable once)
• Register at Hello Work and actively search for a new job

However, you must notify immigration within 14 days of losing your job (入管法第19条の16). Failure to report can affect your future visa applications.

Related articles

• Foreign Workers' Rights in Japan: What Your Employer Won't Tell You
• Rishokuhyo Delayed? How to Start Unemployment Benefits
• How to Recover Unpaid Wages Before 3 Years Run Out
• How to File a Complaint at the Labor Standards Office

Get Legal Support in Your Language

Fighting a wrongful dismissal requires Japanese — written notices, tribunal hearings, and negotiations with your employer's lawyer. Post your task on LO-PAL for free: a local helper can translate documents, accompany you to consultations, and make sure you don't sign away your rights. You only pay when you accept task help.