When Must You Submit Your Resignation in Japan? Statutory Deadlines, Work Rules and Timing
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Category: Job Search Preparation & Interview Tips, Job Change
Authors: Shusaku Yosa
For employment with no fixed term, Japanese civil law provides that the employment contract ends two weeks after you give notice of resignation. Most employers, however, set something like one month in their work rules, and the relationship between these two is what makes the question confusing.
This article sets out which of the two to follow, broken down by employment type. It deals with the deadline rather than with wording or templates.
The Civil Code provides that where employment has no fixed term, either party may give notice of termination at any time, and the employment ends on the expiry of two weeks from that notice. In other words, you can resign after two weeks whether or not your employer agrees. That is the statutory baseline.
Older material sometimes claims that monthly-paid employees must give notice in the first half of the month. That relates to a special rule tied to the period by which remuneration is set, but under the current Civil Code that special rule applies only to termination by the employer. Resignation by the employee runs on the two-week rule regardless of how pay is structured.
This is the point that causes most hesitation. Many employers, with handover in mind, require notice at least a month before the leaving date.
Legally, whether work rules can validly impose a notice period longer than the Civil Code's two weeks is a matter of debate, and you cannot conclude that the existence of work rules prevents you from leaving after two weeks. In practical terms, though, the following approach is realistic.
Where work rules impose a markedly long notice period, such as three months or six, the reasonableness of that provision itself becomes questionable. A rule that effectively restricts the freedom to resign may not be given full effect.
For contract staff, part-timers and anyone else on employment with a fixed term, the two-week rule does not apply directly. The starting position is that you serve out the contract to its expiry.
There are two exceptions.
You can establish which category you are in from the contract term field on your notice of working conditions. If it reads "no fixed term," the two-week rule above applies.
Knowing the statutory deadline does not by itself tell you how to proceed. Working backwards from your leaving date, the time you need accumulates as follows.
Of these, overlooking your paid leave balance is the most common mistake. If you have twenty days remaining and intend to use them all, your last working day falls roughly a month before your leaving date. Give notice without accounting for that and you will not be able to use the leave up.
Japanese practice distinguishes two documents, and the difference matters for deadlines. A request to resign (taishoku-negai) asks the employer to agree to end the employment, and can be withdrawn until the employer accepts. A notice of resignation (taishoku-todoke) is a unilateral declaration, and the two-week clock starts when you submit it.
So if you want certainty about when you can leave, the date you submit the notice of resignation is what counts.
Meeting the deadline is not enough if you get the sequence wrong. What matters most in practice is not telling anyone before your direct manager. If it reaches your manager through a colleague, cooperation with the handover becomes noticeably harder to secure.
The usual sequence is to raise it with your manager verbally, agree a leaving date, and submit the document once that is settled.
An employer has no authority to refuse a resignation. Where employment has no fixed term, the contract ends two weeks after notice. That said, leading with the legal argument tends to sour the relationship, so start by proposing a handover plan and discussing it.
Refusing to accept the document does not mean the declaration was never made. Sending it by content-certified mail, or following up by email, matters because it creates a record of when you gave notice. The two weeks run from that date.
The safe approach is to check your current employer's work rules and your paid leave balance before accepting an offer, then state the earliest date you can start. If the schedule is already fixed, explaining the situation to your new employer and asking whether the start date can be adjusted is also an option.
Resigning is possible, but any remaining paid leave is lost, and the possibility of being held responsible for losses caused by an incomplete handover is not zero. Word about a former employee also travels within an industry. Unless circumstances leave you no choice, it is best avoided.
The law lets you resign on two weeks' notice, but in practice working to the work rules and aiming for about a month is the realistic approach. Treat the two-week rule as the safety net for when resistance turns heavy. Fixed-term contracts follow different rules, so start by checking the contract term field on your notice of working conditions.
This article sets out general principles under Japanese law. The relationship between work rules and statute is debated, and individual cases turn on their own facts. If you are in dispute, consult the Labour Standards Inspection Office or a qualified professional such as a lawyer.
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