One day, my boss suddenly said to me, “It has been decided you are to be terminated. We thank you for your service.” and fired me. Do I have to accept this dismissal?
2022/5/17
Some company think that dismissal is something they can do at will, but this is not true.
The law provides that “If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is treated as an abuse of rights and is invalid.” (Labor Contract Act, Article 16).
Dismissals deprive workers of the foundations of their lives and livelihoods. For this reason, it is strictly judged whether there is a justifiable reason for a dismissal.
The following reasons are not justifiable: if you made a small mistake at work; if you couldn’t do what you were taught a few times; and if you didn’t make any progress in your first few months at the company.
When your company does not explain the reasons for your dismissal, it is almost always safe to say that there are no grounds for justification. However, the company may come up with reasons for your dismissal after the fact. To prevent this, you should ask the company for a dismissal reason certificate. The law requires companies to provide the reasons for dismissal in writing without delay (Article 22, Paragraph 2 of the Labor Standards Act).
If you feel that there’s anything wrong with your dismissal, first consult with your local Labor Standards Inspection Office (Labor Standards Inspection Office Foreign Language Consultation Dial: https://www.startup-roudou.mhlw.go.jp/foreigner.html), labor union, or lawyers with the Labour Lawyers Association of Japan before giving up.
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