Japan Termination Notice Template (解雇通知書)

A 解雇通知書 is the formal written notice issued by an employer when terminating an employee for cause. It satisfies the Article 20 Labor Standards Act requirement of 30 days’ advance notice (or 30 days’ payment of average wages in lieu, or any combination summing to 30 days) and creates the documentary record of the dismissal. The notice should specify the effective termination date, the reason for termination, the supporting Work Rules article, and any final-pay and return-of-property arrangements.

解雇予告通知書 is a standalone advance notice given 30 days before the actual termination. 解雇通知書 is the formal letter that effects the termination itself. In practice, employers commonly merge the two: a single 解雇通知書 issued 30 days before the termination date doubles as the Article 20 advance notice. Alternatively, the employer can issue the 解雇通知書 with payment in lieu (即日解雇), in which case there is no separate advance notice. This template handles all three modes via the notice / payment-in-lieu fields.

The employer must give at least 30 days’ advance notice OR pay 30 days of average wages in lieu, or any combination summing to 30 days. Examples: (a) 30 days’ notice, ¥0 payment in lieu; (b) 0 days’ notice (即日解雇), 30 days’ payment in lieu; (c) 10 days’ notice, 20 days’ payment in lieu. The “average wage” for this purpose is the past 3 months of wages divided by total calendar days. Failure to comply is a criminal violation under Article 119 LSA.

Yes. Compliance with Article 20 LSA (notice or pay in lieu) is procedural; it does not validate the substance of the dismissal. Article 16 of the Labor Contract Act separately requires that the dismissal be objectively reasonable and socially acceptable. A perfectly procedural dismissal can still be invalidated under Article 16 if the underlying reason is insufficient or improperly handled. Document the reason carefully and tie it to specific Work Rules provisions.

Japanese case law sets a high bar. Generally accepted grounds include: serious misconduct (theft, fraud, harassment, prolonged unauthorized absence), persistent poor performance with documented improvement attempts, structural redundancy (整理解雇, with the four-element test), and incapacity supported by medical evidence. Vague reasons like “業務上の都合” or “company convenience” are insufficient. Make the reason fact-specific (dates, incidents, prior warnings) and reference the Work Rules article violated.

Article 19 LSA bars dismissal during (1) the worker’s medical leave for a work-related injury or illness plus 30 days following return, and (2) the maternity leave period plus 30 days following return. The bar applies regardless of how strong the dismissal reason is. Confirm the worker’s status before issuing the notice. The template includes an optional confirmation clause.

The legally controlling version should be the Japanese one. For foreign workers it is best practice to issue both: the Japanese 解雇通知書 as the controlling document, and an English translation provided for understanding only. This template lets you toggle the preview between Japanese and English so you can review and download each version separately.

In person whenever possible, with a signed acknowledgment of receipt. Where in-person delivery is not possible, send by 内容証明郵便 (content-certified mail) so the date and content of delivery are independently provable. Email-only delivery is risky for contested cases; use it only as a supplement to a verifiable physical or certified-mail delivery.

The termination date in the notice is the date the employer intends to take effect. However, if the dismissal is later challenged and held invalid under Article 16 LCA, the employment is treated as having continued; the employer may be ordered to pay back wages from the termination date plus reinstatement. To minimize this risk, document the reason carefully, give the full Article 20 notice (or pay in lieu), and consider a separation agreement (退職合意書) for sensitive cases.