Dismissal・Resignation

[Question]My employer told me that I don’t have to report to work any more and subsequently dismissed me without any prior warning. What course of action can I take?

[Answer]
An employer cannot dismiss a worker without a valid reason. The Labor Contract Law says “dismissal without objective and rational reasons and unacceptable by current social norms, will be considered as an abuse of power and is therefore invalid.” The Labor Standards Law also specifies that an employer should give at least 30 days’ advance notice to an employee if the employer wishes to dismiss them. If an employer fails to do so, they must pay the average wages for a period of not fewer than 30 days instead. For consultation, please contact the competent Labor Standards Inspection Office in the area a company is located. You can also get advice by contacting Osaka Prefectural Comprehensive Labor Office.

[Question]I was employed on a one-year contract, but I resigned earlier for personal reasons. The employer said he would deduct one month’s salary from the amount of arrears because there was a breach of contract on my part. Is such a thing to be permitted?

[Answer]
Employees are not allowed to resign during a specified contract period unless they have unavoidable reasons. You should fully explain your situation to convince your employer why you have to cancel your contract before the term of service is completed. However, the Labor Standards Law stipulates “An employer shall not make a contract which fixes in advance either a sum payable to the employer for breach of contract or an amount of indemnity for damages.”  So such a penalty included in your contract is illegal, therefore invalid. For details, please contact Osaka Consultation Service for Foreign Workers.