Sorry for the dramatic title – I’m still a little shaken by the fuckery that seems to be going on.
So, May this year I started a new job which I loved – fits my skill set, the pay is good, allows partial remote, etc. My employment came at the tail end of the company’s hiring spree. Well, today the CEO just came in, proclaimed that the company is not doing as well as projected, and undid seemingly the entire hiring spree – it seems like most, maybe even everyone, who was hired the previous fiscal year will be let go. All members of my team except the most senior one got the bad news. I personally was called in for a 1 on 1 and told that my contract, which is *supposedly* from May 1st to July 31st, will not be renewed, and that I’m to use up all remaining PTO in the second half of July. I, of course, gave no indication that I accept and asked the CEO to email me everything that was said in the meeting.
Thing is, I’m pretty sure they can’t do this. Here’s why:
1. The job posting was for a seishain position.
2. The naitei explicitly says “期間の定め 無し”
3. The employment contract does have a stated 契約期間, but the email it was attached to also explicitly says that the contract itself is termless and the 契約期間 denotes the timing of wage revisions – which is a procedure pretty strictly outlined in the rules of employment and which does not include the option to terminate an employee.
So… this can’t be right, right? They can’t just fire me like that, going back on what they said about the position being permanent, right? Obviously, all trust between me and the company is gone now, but still, I would like to retain employment at least until I find something else. Also, my Humanities visa is just up for renewal so losing the job now would put me in a really dangerous place.
I know the obvious next step is to go to the Labor Bureau but I was wondering – should I maybe try to confront the company directly before doing that? Talk with the management, point out all the times the company called my employment permanent and offer to work out some sort of severance package perhaps? Or is going straight to Labor Bureau the smarter option?
13 comments
Do both. Discuss with the company but also go to the labor bureau etc. to get clarity on your rights. Don’t sign anything in the meantime. And negotiating a suitable severance is never a bad thing.
However if the company is in severe financial distress — and sure seems like it from your description — then yes contract non-renewals / terminations / even layoffs of permanent employees may be legal depending on a lot of factors we here on reddit have no idea about.
Is really common in Japan to have three months probation period where the company can unilaterally but rarely decide not to renew it and not turn it to permanent employment.
Nevertheless, I don’t know your particular case nor I’m a lawyer so seek further with the bureau with all the written and oral evidence you can gather (specially if you were not told and explained about the probation period) and try to find a cordial solution with your employee once you seek legal advice, don’t rush and don’t sign.
https://www.mhlw.go.jp/file/06-Seisakujouhou-11200000-Roudoukijunkyoku/0000066935.pdf
Sometimes layoffs happen when companies are not doing well. Freaking out and trying to sue them isn’t going to do much and there’s better things you could be doing with your time when your visa is almost up. Sounds like you need to be job hunting or packing to head home.
> my contract, which is supposedly from May 1st to July 31st
> The employment contract does have a stated 契約期間
And I’m guessing that period is 3 months..
You do seem like a smart person and this is a terrible thing to happen but.. if you accepted a three month contract you should prepare yourself for some bad news.
Did the company ask you to sign anything to consent to the end of employment?
The fact they are using these initial three month contract employment makes me think they know exactly what they are doing.
Obviously seek advice from the labor board but be prepared for bad news. Sucky situation all round. I’d get that advice before you approach your employer for severance but be ready to negotiate. Be dramatic if you must. Tell them how important the visa renewal is.
But don’t try to heap blame on them from the onset. Unless the labor office say you have a strong case.
You’d need to talk to a lawyer, but, if sounds like you agreed to a 3 month contract and have been notified >30 days before it’s expiration that it won’t be renewed.
What the job advertisement said etc is probably going to be less important than what you agreed to and a lawyer can tell you the intricacies better than we can.
That being said if what they’re doing isn’t legal you should be looking for a new job asap because the happy environment isn’t going to be anything like it was.
Anyway sorry this shit is happening to you, good luck, hope things work out.
Did they offer packages such as a few months’ salary?
In order for companies to let permanent employees go, they have to jump through quite a few hoops to show they’ve done everything they can. That includes reducing overtime, letting non-permanent employees go and then as a last resort they can explore letting permanent employees go but even they they would have to offer it as a package and it’s still up to the employee to accept or not.
The proof of burden is on them, but if they are truly in financial troubles than they can fire you if they prove that keeping you on is a detriment to their survival. But normally this means you’re supposed to get a severance package or some form of compensation + unemployment benefits.
This is all assuming that your understanding of your contract is correct and you are a full time permanent employee.
Either way, consult a lawyer and the labor board.
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So sorry this is happening to you. I’ve had similar and it’s not fun
Can I suggest gathering anyone else new to the company and putting your cases together? Is it a competitive work environment which makes that hard to do? If not, I think more heads are better than one. And more signatures and evidence of passing probation, not having that in contracts etc., no grounds for dismissal etc., will come across much stronger to anyone you take this too.
Sadly though, I would say that you should be looking to jump ship here asap. I know the VISA is a worry, but I’ve seen what Japanese companies (or any for that matter) do when they are trying to fire staff. Things can get really nit-picky and they could start throwing verbal warnings and written warnings at your for the slightest “performance” based issue. I’d find something else as quickly as you can. Good luck!
I used to be a translator / interpreter in Japanese and English and I live in Osaka – so if there’s anything else I can do let me know
This is why I laugh every time I see a job ad describing their work place as a “family”.
First job?
Are you on probation? It’s not uncommon to be hired with the intent to evolve into a permanent employee once you clear your probation period.
Being a permanent employee technically protects you from unjust sudden termination, but a company is within its legal rights to terminate permanent employees if the business is suffering and they’re downsizing.
Sorry this is happening to you.
when is your visa expiring? can you negotiate that they at least renew your visa first? you can apply as early as 3 months from when it will expire