Hey guys, just want to ask if you know more about annual leave in japan.
Im working in one of the big companies in Tokyo and im entitled for 10 days annual leave this year. Im planning to leave the company due to the workload affecting my body and mental health. My company needs 1 month notice before leaving.
I told my manager last week that my last day will be Dec 31st and i want to use all my annual leave by then. My manager accepted my resignation by Dec 31st but did not agree to allow me use my annual leave by then because of how busy the company is. If im using my annual leave by then, in addition to the monthly day off, it would leave me about 7 days work in December and it is not acceptable for my manager.
The manager told me that i can resign by end of december but i wont be able to use my annual leave. And by company policy, they wont pay my annual leave if it’s not used.
What i want to know is that, is it legal for a company to let my annual leave gone without any compensation?
Do i really need my manager’s approval to decide when my last day is even when i give a written notice more than 1 month in advance?
Thank you.
https://www.reddit.com/r/japan/comments/17rp1wp/annual_leave_有休/
7 comments
If it’s a large company, talk directly with your HR department, not your manager.
I would also check the work rules. A company cannot deny you from ever taking your paid vacation because everyone is always busy.
Exceptions would be if you are on a performance improvement plan or under probation after joining.
Also, a company does not legally need to pay out unused leave. Most companies don’t pay the paid holidays you haven’t used.
>but did not agree to allow me use my annual leave by then because of how busy the company is.
This is illegal. They cannot refuse your annual leave.
>And by company policy, they wont pay my annual leave if it’s not used.
This is legal. They have no obligation to reimburse unused annual leave.
>What i want to know is that, is it legal for a company to let my annual leave gone without any compensation?
Without compensation? Yes.
However, they cannot deny your request in the first place, so that’s a moot point.
So my husband was in a similar situation as you, but had 34 days of paid leave to take (he rarely took time off). All his unused leave transferred to the next fiscal year (April 1) up to 40 days. He worked for a black company and tried to intimidate him into saying that they won’t accept his resignation if he were to take those 34 days before the final day. Then they told him he wasn’t allowed to take it and they won’t pay it out. Long story short, he went to the labor board (?—correct me if the name is wrong) and they called his job and basically said “yeah no. It doesn’t matter how busy it is, he’s entitled to take his leave before resigning”.
He resigned at the beginning of January to finish mid-February, and basically didn’t work from the 2nd week of Jan until the day before his official resignation date.
If it’s a shady place you’re working at, I would go straight to the labor board and go from there if they refuse you to take your leave. If you have a good relationship, start with HR and work from there. This is based of my husband’s experience, not mine. I have no direct experience with resignations and using paid leave, so take my advice with a grain of salt.
Hope it works out for you and you can take your paid leave!
Is the contractual year from Jan 1st to Dec 31st?
Ask a lawyer, I don’t think there are specific laws about having to take all your PTO before you leave a company, but alternatively what are they gonna do? PTO is part of your salary. I’m pretty sure they either have to let you take it, or “buy” the PTO from you.
Yes, this happened to me as well. I lost a few days of my annual leave because of the same reason as you.