Quit – Or You’re Fired!

9月 3, 2009

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WHAT IF AN EMPLOYER PRESENTS YOU WITH A RESIGNATION LETTER?

While an employer may or may not have a legitimate reason for firing someone, you as a worker have no obligation to make things easier for the employer by leaving your job voluntarily.

Seek advice before signing.

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WHY DON’T COMPANIES JUST FIRE PEOPLE?

The concept of “at will employment” doesn’t exist in Japan.

Whenever a company fires a worker, it runs the risk of being sued for unfair dismissal. 

For the employer, getting a worker to “voluntarily” quit is safer than firing them.

Also, if a worker quits, the employer does not have to pay thirty days notice.

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DON’T GIVE IN TO THREATS

Unaware of their rights and feeling intimidated, some people will sign a resignation letter.

However, you should not to give in to threats.

Your boss may say that if you don’t agree to quit, then he/she won’t pay your final wages or will have you evicted from company accommodation.

However, an employer has no choice about paying wages for actual time worked.

The law says that they must be paid promptly and in full.

As for company accommodation, nobody can throw you out of an apartment you’re renting without first obtaining a court order.

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JOIN A UNION

Union members know their rights and better yet, unions already may have a relationship with an employer and ways to work out problems before a dismissal occurs.

Non-union members sometimes feel that they’ll just give the union a call if they get fired.

After the resignation or dismissal, it may already be too late, or the union may be too busy.

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