Refused Confirmation After Your Probationary Period? What to Do and How to Avoid It

A refusal to confirm employment means the employer exercises the right to terminate that it reserved during the probationary period, and decides not to take you on permanently. In legal terms this is a dismissal, and it is not something the employer can decide freely. Objectively reasonable grounds and proper procedure are both required.

This article sets out what to confirm first if you are told your employment will not be confirmed, how to proceed if you disagree, and the options for avoiding the situation in the first place.

Refusal to Confirm Is Legally a Dismissal

Employment subject to a probationary period is treated in law as an employment contract with a reserved right of termination. In other words, the employment contract is already in force from your first day; the employer has merely retained a right to terminate it in certain circumstances. A refusal to confirm is the exercise of that right, and carries the same substance as a dismissal.

Distinct From Withdrawal of a Job Offer

The two are easily confused. Withdrawal of an offer happens before you join; refusal to confirm happens after. Since you are already working, the full range of protections that apply to any employee, covering wages, social insurance, and dismissal procedure, apply to you.

Wider Latitude Than an Ordinary Dismissal, but Not Unlimited

The Supreme Court of Japan has set out the framework for exercising a reserved right of termination: while a broader freedom to dismiss is recognised than in ordinary cases, it is permitted only where objectively reasonable grounds exist and the decision is socially acceptable as appropriate. The belief that "during probation they can let you go as they please" is a misconception.

In practice, refusals are most readily upheld where facts unknown at the point of hiring came to light after you joined. Misrepresenting your background, repeated unauthorised absence, and serious breaches of discipline fall into this category. Where the stated ground is inadequate performance, by contrast, whether the employer provided guidance and training also comes into question. A refusal announced shortly after you joined, with no feedback of any kind, leaves room for a finding that it was not appropriate.

Four Things to Confirm First

There is no need to sign anything on the spot. Establish these four points first.

1. Get the reason in writing: An employer is obliged to issue a certificate stating the reason for dismissal if you request one. A verbal explanation alone gives you nothing to work with later.
2. Check whether notice was given: If you have worked beyond 14 days from your start date, the employer must give 30 days' notice or pay an allowance covering the shortfall. If you are simply told not to come in from tomorrow, you can claim that allowance.
3. Check whether you are being asked to resign: This is the single most important point, and is covered below.
4. Check the reason recorded on your separation documents: Whether the separation is recorded as employer-initiated or voluntary substantially changes when unemployment benefits begin and how many days are payable.

If You Are Asked to Resign Voluntarily

A common pattern is that the employer avoids processing the matter as a dismissal and instead encourages you to resign. There is an advantage to the employer in leaving no record of a dismissal, but submitting a resignation makes the separation one by agreement, and contesting it later as an unfair dismissal becomes markedly harder. The treatment of unemployment benefits can also become less favourable.

If you are not satisfied, say that you will take it away and consider it, and do not sign anything. A resignation once submitted is difficult to withdraw, even if you change your mind afterwards.

If You Want to Contest the Decision

1. Request a certificate of the reason for dismissal, so that the employer's stated grounds are fixed
2. Establish whether facts support those grounds, such as records of guidance given or whether any performance review took place
3. Preserve the material you hold, including emails and attendance records
4. Consult the Labour Standards Inspection Office with jurisdiction over your workplace, a general labour consultation service, or a lawyer

Contesting the decision does, however, take time and exacts a psychological toll. Correcting only the procedural failures, such as an unpaid notice allowance or an incorrect reason on the separation documents, and then moving on, is also a realistic choice.

How to Explain It at Your Next Interview

You will be asked about a short stint, but how you frame it makes a substantial difference. Avoid a register that criticises the employer. Explain, on the basis of facts, that there was a gap in how the role and the skills required were understood, and how you intend to apply that reflection next.

Avoiding the Situation in the First Place

Most refusals to confirm stem less from inadequate ability than from a mismatch between the role the employer had in mind and where the individual's strengths actually lie. That gap is largely invisible to both sides through interviews and paperwork alone.

A trial career change lets you work at the actual workplace before committing to join, receive compensation for that work, and decide on the strength of the experience. Rather than being assessed once the probationary period has begun, the sequence puts mutual verification first.

Common Questions About Refusal to Confirm Employment

Do I have to put it on my résumé?

Having been employed is part of your work history, so record the fact that you joined and left. You do not need to set out the reason for leaving in detail on the document; explaining it if asked at interview is sufficient. Note also that social insurance enrollment leaves a record, so omitting it often surfaces later anyway.

Can I claim unemployment benefits?

You can, provided you meet the requirements, including the length of employment insurance coverage. Where the separation is employer-initiated, you are treated more favourably than for a voluntary resignation, with benefits starting sooner. Coverage from a previous job can sometimes be aggregated, so check with Hello Work.

I have been told I will not be confirmed, but I am still being asked to hand over my work.

The employment relationship continues until your leaving date, so you need to comply as you would with any ordinary work instruction. Equally, wages and overtime pay accrue for that period as a matter of course. If they have not been paid, claim them.

I was told on the final day of my probationary period, with no warning at all.

Where the employer requires you to leave immediately without notice, it must pay a dismissal notice allowance, assuming you have worked beyond 14 days. The fact that you were never given a single opportunity to improve is also material if you contest whether the refusal was appropriate.

Summary: Do Not Answer on the Spot; Get the Reason in Writing

A refusal to confirm employment is legally a dismissal, requiring objective grounds and proper procedure. If you are told, do not sign a resignation on the spot; begin by asking for the reason in writing. Whether to contest the decision can be settled afterwards, but once you have made it a voluntary resignation, the options are gone.

This article sets out general principles under Japanese law. Individual cases turn on their own facts, so for a specific dispute please consult the Labour Standards Inspection Office or a qualified professional such as a lawyer.