4 When you resign from a company
In the case of resignation from enterprise, please pay attention to the following points.
(1)Resignation at worker's initiative
Commonly the rules of employment have provisions over resignation. It is advisable to read and confirm the content of the provisions and procedures of resignation in advance. Based on the Civil Code (Article 627), in cases where the labour contract does not fix the term of employment, the employee should tender a notice of resignation at least, in principle, two weeks in advance. If the employee is paid wages on a fixed timetable, the employee should, in principle, tender the notice of resignation during the first half of the pertinent pay period.
Even if you ask to be released "immediately", however, the employer may have difficulty in passing your work to another employee, or looking for a new employee, etc. It is better to talk over thoroughly the time of resignation, etc. with the employer.
(2)Dismissal by the employer
"Dismissal" means that a labour contract is brought to an end one-sidedly at the employer's initiative. In the case of dismissal, as mentioned in 3 (6) (Advance notice of dismissal), the employer is required to give the worker an advance notice of, in principle, at least 30 days before dismissal. In case a dismissal notice is not given at least 30 days in advance of the date of dismissal, the employer must pay the average wages for, at a minimum, the number of days falling short of the 30-day dismissal notice allowance required by law. (Articles 20 and 21 of the Labour Standards Law).
Those who have been hired by an establishment in Japan and meet certain requirements will be covered by the Employment Insurance System. When such Insured person resigns from such establishment, he has to take the necessary procedures to obtain basic benefits
(1)Employment Insurance System
In Japan, the employment Insurance System is established. The system intends to secure the life and employment of the workers, promote re-employment, through allowing unemployment benefits and other benefits. In principle, it is required that foreign workers be enrolled in the Employment Insurance system, with the exception of part-time and other employees who work less than 20 hours per week. If you are not enrolled in the system at the time you start working, please come visit PESO to discuss possible options.
Unemployment benefits and other benefits are covered by the employment insurance contributions and son on paid by the workers and the employers. A worker employed in Japan will be, regardless of his nationality (those who have no nationality will also be covered), insured, and receive an insurance card through his employer. Those who are foreign government employees, and who are covered by the Employment Insurance System of any foreign country, are not covered by Japanese Employment Insurance System.
(2)When you resign
When a worker becomes unemployed, he can in principle receive unemployment benefits for a certain prescribed number of days within 12 months counting from the day after resignation, subject to the following requirements.
- It is authorized that he is not insured any more due to resignation.
- He cannot start work in spite of his ability and intention.
- In principle, the period covered by the employment insurance system is more than 6 months in total, within a year before he resigns the employment.
When you satisfy above requirements, you can receive basic benefits within one year from the next day of the resignation, to limited period, in principle.
After the resignation, bring the following items to the PESO of your district and apply for a job.
- Separation notice (provided by the employer after resignation, or demanded from the employer by the employee)
- Insurance card
- Seal (if your have one)
- Certificates that show your address and age (registered identification card, etc.)
- Two recent photographs (3 x 2.5 cm)
- Bank book (passbook) of an account in the applicants name.
After applying for a job, and if you are entitled to obtain basic benefits, the next day for you to visit to the PESO will be appointed, and a "certificate to receive benefit" is issued. Please visit the PESO on the appointed day, and receive recognition of unemployment. When you obtain the recognition, you will be paid unemployment benefits.
When you receive recognition of unemployment, you must respond as to your status on the following five points on the "Declaration for Unemployment Recognition" and submit it to PESO.
- If you worked, took extra job, or have been employed by other establishment before receiving recognition of unemployment.
- In case for extra job, the days you worked and the amount you earned.
- If you actively sought employment before receiving recognition of unemployment.
- If you are in place to take up a job introduced by the PESO.
- If you have accepted employment or started self-employment, or if you are planning to do either one.
You cannot obtain unemployment benefit for the initial 7 days of unemployment after you applied for a job (waiting period). In case you are dismissed for serious reasons imputable to yourself, or resign at your own initiative without sufficient reason, you will not be paid for 3 months after 7 days of waiting (Restrictions on benefits)
Public Vocational Training.
(1)Public Vocational Training.
At public vocational development centers established in each prefecture, vocational training courses are available for displaced workers and career changers to acquire skills and knowledge that will help them find a new job. There is no participation or tuition fees for the courses (in some cases, you are required to pay the actual costs of textbooks or course materials). For participation in public vocational training courses, please inquire at the nearest PESO. It is possible to collect Employment Insurance benefits (basic allowance, training allowance, commuting allowance) while undergoing training. While undergoing training, it may also be possible to extend the period of time for which you are eligible for Employment Insurance benefits.
(2)Training and Education Benefits System.
As part of the Employment Insurance System, partial refunds on expenses incurred for training courses during the training period may be available. To be considered eligible, there are certain conditions that must be met, such as having paid into the Employment Insurance plan for a minimum of three years as of the date of commencement of the training course. Those that satisfy the conditions (both currently employed and previously employed persons) may be eligible for a refund upon completion of the training course. Only expenses incurred at training courses that have been approved by the Minister of Health, Labour, and Welfare are eligible for the refund.
<For full details on public vocational training, please inquire at the nearest PESO. >
