A naitei is the moment the employer tells a candidate they are hired. For graduates it is a formal event, often with a ceremony, on 1 October before an April start. For mid-career hires it is usually an offer letter setting out salary, title and start date.
The legal weight is the part foreign employers miss. In the Dai Nippon Printing case (1979), the Supreme Court held that an accepted naitei creates an employment contract, with the employer reserving a right to cancel. That right can only be used on grounds that were unforeseeable at the time of the offer and that are objectively reasonable. In other words, withdrawing an accepted offer is close to a dismissal.
Before the formal naitei, many employers give an informal offer, a nainaitei. Its legal status is weaker, but employers that withdraw them still face claims.
What it means for a foreign employer
- Do not issue an offer you might need to withdraw. A regional headcount freeze after the candidate has accepted is unlikely to be a valid reason, and the candidate may already have resigned.
- Get approvals before the offer, not after. If regional sign-off, budget or visa approval is still pending, settle it first, or state the condition clearly and in writing in the offer.
- Candidates take offers seriously. Japanese candidates who accept usually resign the next day. An offer withdrawn after that is a serious matter for them and a legal risk for you.
- Give the decision time. Five to ten business days to consider an offer is normal. The candidate is consulting family, mentors and trusted peers, which is due diligence, not stalling. Pressure in this window is what turns acceptances into withdrawals before the start date.
- Confirm acceptance in writing before you stand anyone down. Then stay in contact through the resignation and notice period. The placement is complete when the person starts, not when they say yes.
Sources
- Supreme Court, Dai Nippon Printing case, 20 July 1979.
- Labour Contract Act, Article 16.