JapanDismissed during probation. Same protections as regular?
No, employees dismissed during probation generally have fewer protections than regular employees in Japan, but employers must still act reasonably and avoid abuse of rights.
What the Law Says
Japanese labor law does not provide special statutory protections for probationary employees beyond general employment standards. Dismissal during probation is permitted, but it must comply with fundamental principles of fairness and good faith.
Under the Labor Standards Act, all employees—including those on probation—are entitled to basic protections such as minimum notice periods and prohibition of discriminatory or retaliatory dismissal.
The Civil Code prohibits abuse of rights (Article 1), which courts have applied to dismissals that are arbitrary, lack objective justification, or violate social norms—even during probation.
Employers must give at least 30 days’ notice—or payment in lieu—before dismissing any employee, unless the dismissal is for serious misconduct (Labor Standards Act, s. 20).
Statutory TextAn employer who wishes to dismiss a worker shall give at least thirty days' notice...
— Labor Standards Act, s. 20 — Notice of Dismissal
Statutory TextThe exercise of rights shall not be deemed to be an abuse thereof merely because it harms another person; however, the exercise of rights in a manner that violates public policy or good faith is prohibited.
— Civil Code, s. 1 — Abuse of Rights
What to Do
Confirm whether your probation period is clearly defined in your employment contract.
Check if the dismissal reason was communicated in writing and aligns with objective, reasonable grounds.
Request written notice of dismissal (required within 14 days before termination under Labor Standards Act, s. 22).
If you believe the dismissal was arbitrary or abusive, consult a labor counselor or file a claim with the Labor Standards Inspection Office.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.