My company has asked be to resign after 10 years of service 4 of which have been here in Japan.
This is during my paternity leave and without any prior history of feedback etc. On the call they said the team was growing 3-4x but my role was being eliminated. The logic of course made little sense. Based on my interactions with them prior to leave I would say it’s for me going on paternity leave.
The package they are offering is decent but I’m wondering if any one else has been let go during leave and if this has resulted is further damaged or negotiating ability.
I’m seeing a lawyer this week but curious if anyone has gone through a similar situation.
8 comments
Are you working for the foreign entity or for a local branch? If you’re a regular employee at a Japanese company, just say no.
Even if it’s the foreign company, never resign at your employer’s request.
You are not being let go, you’re being asked to take a separation package. They’re free to ask, you’re free to take it or not.
But if your role is actually being eliminated then they can ship you out to anywhere in Japan and maybe even overseas after your leave ends. You cannot refuse a relocation in Japan, if you do you can be fired with zero separation package (one of the very few situations where a seishain can be straight up fired). Think about if you really want that. If the offer is good I would just take it.
Just note that sometimes, or even often, lawyers will encourage you to take the severance package as they get to charge you a certain percentage for the “negotiation” instead of suing employer. Happened to me. When I look back, I realize the lawyer did not act in my best interests. He encouraged me to take the severance instead of fighting to keep my job.
Not too long ago, a foreigner posted here how his lawyer left him on the losing side after his wife cheated on him.
You say “The package they are offering is decent”, but I’ve heard people from the USA say that when they were being offered 1-3 months of salary, which of course if you know Japan is a pittance and definitely not decent.
From the tech layoffs I’ve seen and talked about in multiple (3+) companies:
* 6-9 months was the normal thing, as I said someone accepted a ridiculous 2-3 months and we actually pitied him. Some got 12+ months, specially if under special circumstances (like you are).
* They can offer it as a retirement program thing (sorry not too familiar) which means the severance pay will be taxed at a lower rate.
* Now you are “negotiating a firing”. You can either do it all through your lawyer, or at least record every call.
* Lawyers are expensive, but still should make you more money than you’d be able to make on your own, otherwise it doesn’t make sense. I know one that charged 300,000 + 30% of extra gains (vs the company original offer).
* One nice thing of having a lawyer is that they cannot BS threaten you.
In your situation I’d ask for X months, *after* the parental leave is over. They should be paying very little during your leave (AFAIK it’s partially from the gvmt, partially from the company).
Worth adding onto this OP, just so you’re aware.
If you accept the severance package and end employment, then your Postpartum dad’s childcare leave(edit: and maternity leave if you’re a woman)/childcare leave ends with it too because that is only paid based on the presumption you remain employed and intend to return to work.
So instead you’d have to enroll in employment insurance. That would also mean then starting to pay your own national pension and health insurance premiums (they are only
Covered for those on childcare leave… which you’d no longer be on)
IMO it sounds pretty weird that within this team only your position disappears. I would understand if you had a standalone position whose purpose disappear after a major change in the company. But as part of a team, I do not understand how your function is so different than others and do not allow you to return and grow with the team…
Nevertheless, the fact they offer a severance package is a good thing. As someone mention you should make sure to get X month of salary (6-9month are common) from after your parental leave. In any cases, it should not affect your parental leave!
Take into consideration how difficult it might be for you to find a new job at a similar pay grade in your industry. It should allow you to estimate the number of month to ask.
Hope it’ll go fine for you! Cheers.
OP, don’t sign anything, tell them this isn’t what you want and hire a labor lawyer(don’t tell them about the lawyer they will find out when he contacts them). Your cost will be in the range of 1mln yen give or take ¥500k or so.
Sexism is not only against women.