Because dismissal is so hard in Japan, most exits that the employer wants are reached by agreement. Taishoku kansho is the conversation that starts that process: the employer explains why it would like the employee to leave and, usually, what it will offer if they do. The colloquial term is kata-tataki, a tap on the shoulder.
It is not a dismissal, and that is its legal value. An employee who agrees and signs a resignation or a separation agreement has left voluntarily, so the abuse-of-rights test in Article 16 of the Labour Contract Act does not apply. The limit is the employee's freedom to say no. In the Shimonoseki Commercial High School case, decided by the Supreme Court in 1980, teachers who had repeatedly refused were called in more than ten times in a few months for long sessions and told the pressure would continue until they left. That was held unlawful and damages were awarded. Courts look at how often and how long the meetings were, how many people took part, the language used, whether the employee had clearly refused, and whether the employer hinted at dismissal or transfer as the alternative. A resignation obtained by threat or by misleading the employee can later be cancelled.
For unemployment benefit, an employee who leaves after being encouraged to resign is treated as having left for the employer's reasons. That means no restriction period and often a longer benefit entitlement than a voluntary resignation.
What it means for a foreign employer
- Lead with the package, not the threat. A real offer, often several months' pay or more for a long-serving employee, is what makes agreement possible. Telling the employee "we will dismiss you if you refuse", without real grounds for dismissal, is the kind of line courts treat as coercion.
- Stop when they say no, then regroup. One or two clear meetings with a revised offer are normal. A daily campaign is not.
- Keep the meetings small and recorded. Two company participants, a reasonable length, and a note of what was said protect both sides. Assume the employee is recording.
- Get it in writing. Finish with a signed separation agreement that covers the leaving date, the payment, the reason for leaving and a release of claims.
Sources
- Supreme Court, Shimonoseki Commercial High School case, 10 July 1980.
- Labour Contract Act, Article 16.
- Employment Insurance Act, Article 23, and Ministry of Health, Labour and Welfare criteria for eligible recipients for business reasons.
- Civil Code, Articles 96 and 709.