Probation Extension Notice (試用期間延長通知書)
Extends an employee's probation period when performance is not yet conclusive at the original end date. Cites the contractual basis, sets the new probation end date, and reaffirms the path to permanent confirmation.
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The bilingual Probation Extension Notice generator (Japanese / English preview, inline editing, PDF export) is in development. In the meantime, the explainer below covers when to issue this notice, what to include, and the legal basis. The structure mirrors how the live generator will ask for input.
Official sources
This template is built on the following primary Japanese government sources. Open each link to verify the underlying rule against the issuing authority.
- e-Gov 法令検索 - Labor Standards Act, Article 15 Statutory basis for written notice of working conditions at the time of hire and at any subsequent change.
- MHLW (厚生労働省) - Labor contracts (労働契約) MHLW guidance on labor contract formation, including probation. Probation is treated as a conditional employment relationship governed by the contract and work rules.
Reference
What the Probation Extension Notice (試用期間延長通知書) is
A probation extension notice (試用期間延長通知書) is the formal document an employer issues to an employee when the original probation period ends without a clear pass-or-fail verdict, and the employer wants to extend the evaluation window. The notice records the original probation end date, the new end date, the grounds for extension, and reaffirms that the employment relationship continues under probation rules until the new end date.
When to use
When to issue this notice
- Performance is borderline at the original probation end date and more time is needed to make a fair call
- The employee has been on extended leave during probation, reducing the actual evaluation window
- A specific skill assessment, training program, or project milestone has not yet completed
- The employer wants to give the employee one more clearly-defined chance before non-confirmation
Mandatory items
What to include in the notice
- Original probation start and end dates
- New probation end date (extension period must be reasonable, typically 1 to 3 months)
- Specific reason for extension, performance, attendance, skill assessment, project completion
- Reference to the work rules or original contract clause that anticipates extension
- Reaffirmation that all other working conditions remain unchanged during the extension
- Path to confirmation: criteria the employee needs to meet by the new end date
- Employee acknowledgement signature line
Legal basis
Legal background and constraints
Probation in Japan is governed by the original employment contract and the company's work rules. The Civil Code and Labor Contract Act do not regulate probation directly, but case law treats probation as a conditional employment relationship under which dismissal is easier than for permanent employees, but still requires a reasonable basis. Extension is permitted only if anticipated by the contract or work rules; the new probation end date must be specific; and indefinite or repeatedly-extended probation is treated as a circumvention of permanent-employee protections.
Frequently asked
Common questions about the Probation Extension Notice
How long can probation be extended?
There is no statutory maximum, but case law and standard practice suggest 1 to 3 months as a reasonable extension. Anything longer than 3 months for a single extension, or multiple consecutive extensions totalling more than 6 months, attracts scrutiny and risks being struck down as a circumvention of permanent-employee protections.
Can probation be extended multiple times?
Technically yes, but each subsequent extension faces a higher bar of justification. After two extensions, the employer should be making a confirm-or-non-confirm decision, not extending again. Repeated extensions to avoid making a decision are treated as employer bad faith.
Does the employee need to consent to the extension?
Formal consent is not always legally required if the original contract or work rules anticipated extension and the extension is reasonable in length and grounds. However, best practice is to have the employee acknowledge receipt of the notice in writing, both for clarity and to demonstrate that the employee was informed before the original end date.
What if the employee refuses to sign?
Refusal to sign does not invalidate the extension if the employer has the contractual basis to extend. Document the delivery of the notice (date, method) and the refusal. The employer can still treat the probation as extended and proceed with the evaluation against the criteria stated in the notice.
What happens if the original probation end date passes without action?
Silent passage of the probation end date is generally treated as automatic confirmation as a permanent employee (本採用). The employer loses the easier dismissal standard and the employee gains the full protections of Article 16 of the Labor Contract Act. The extension notice must therefore be issued before the original end date, not after.
Important. This template is provided for general planning purposes only and is not a substitute for professional advice. Japanese employment law is complex and case-specific. Before issuing this notice in any non-routine situation, consult a Certified Social Insurance and Labor Consultant (社会保険労務士) or a qualified labor lawyer (弁護士).