If your company has terminated your position but is pressuring you to resign voluntarily, you should proceed carefully to protect your eligibility for unemployment benefits in Japan. Here's what you can do:
- Understand the Difference Between Termination and Voluntary Resignation
Involuntary Termination (会社都合退職, kaishakō rishoku):
Includes layoffs, contract non-renewal, or termination due to company circumstances (e.g., downsizing, bankruptcy).
Benefits:
Shorter waiting period (7 days).
Longer benefit period (up to 330 days depending on your situation).
Voluntary Resignation (自己都合退職, jikokudō rishoku):
Includes quitting for personal reasons or under pressure from your employer.
Drawbacks:
Longer waiting period (3 months).
Shorter benefit period.
- Refuse to Resign Voluntarily
Politely but firmly refuse to sign any resignation letter or document stating that you are resigning voluntarily.
A resignation letter implies that you are leaving the company of your own free will, which may affect your eligibility for better unemployment benefits.
If the company insists, ask them to provide a written explanation of why they are terminating your position.
- Obtain Your Separation Notice (離職票, Rishokuhyo)
By law, your employer must issue a rishokuhyo when you leave the company, regardless of the circumstances.
The rishokuhyo specifies:
The reason for your separation (e.g., involuntary termination, voluntary resignation).
Your employment and earnings details.
Make sure the reason listed is "company circumstances" (kaishakō rishoku). If it states "voluntary resignation" (jikokudō rishoku), it may affect your benefits.
- File a Claim with Hello Work
If the company incorrectly lists your resignation as voluntary, you can dispute it at Hello Work, the unemployment office.
Steps:
- Provide evidence that the resignation was coerced (e.g., termination notice, emails, or meeting notes).
- Hello Work will investigate and may reclassify your separation as involuntary if justified.
- Know Your Rights
Japanese labor laws prohibit companies from forcing employees to resign.
You are entitled to severance pay or compensation depending on your employment contract and the circumstances of your termination.
Consult a labor union or a labor lawyer if your employer is pressuring you unfairly.
- Document Everything
Keep records of all communications with your employer regarding your termination.
Collect emails, meeting summaries, or notices that support your claim of involuntary termination.
- Seek Legal or Union Support
If your employer continues to pressure you, consider:
Contacting a Labor Union:
Many unions, including foreigner-friendly ones, can provide advice and intervene on your behalf.
Examples: General Union or Tokyo General Union.
Consulting a Labor Lawyer:
A lawyer can help protect your rights and ensure your eligibility for benefits.
- Apply for Unemployment Benefits
Visit your local Hello Work office to apply for benefits after you leave the company.
Bring the following documents:
Rishokuhyo (separation notice).
Residence Card.
Bank account information.
Personal seal (inkan).
Passport (if required).
Key Tips
- Do Not Resign Voluntarily:
If you resign, you risk being classified as a voluntary resignation, which reduces your unemployment benefits.
- Challenge Misclassification:
If your employer lists your departure as voluntary, you can dispute this at Hello Work with evidence.
- Seek Assistance:
Labor unions and legal professionals can help if you face challenges with your employer.
Summary
Refuse to resign voluntarily to retain your eligibility for better unemployment benefits.
Obtain a rishokuhyo with the correct reason for termination.
If there’s any misclassification, dispute it at Hello Work.
Consult a labor union or lawyer if your employer pressures you unfairly.
Taking these steps ensures that you maximize your unemployment benefits and protect your rights under Japanese labor laws.