On paper the two look much the same: a single page with a date, a name and a short statement. In law they do different things. Japanese courts distinguish a unilateral resignation from an offer to end the employment contract by mutual agreement. A taishoku todoke, a "notification of resignation", is the first kind. It takes effect when it reaches the employer, the employer cannot refuse it, and the employee cannot take it back. Under Article 627 of the Civil Code, an employee on an indefinite contract can leave two weeks after giving notice.
A taishoku negai, a "request to resign", is the second kind. The employee is asking the company to agree to the exit. Until the employer's acceptance reaches the employee, the request can generally be withdrawn, unless withdrawing would unfairly harm the employer. The Fukuoka High Court set this out in 1978. In any dispute, courts look at what the document actually says, not at its heading.
The negai fits the relational logic of Japanese employment. Most people first tell their manager in person, then hand in a negai, and the company accepts it once a leaving date is agreed. Work rules often ask for a month or more of notice, and most leavers go along with that.
What it means for a foreign employer
- Know which document your candidate submitted, and when. A candidate who has handed in a negai is still in play until it is accepted. That window is when counteroffers, retention talks with senior leaders and last-minute appeals happen.
- A todoke marks a real threshold. A candidate who has filed one has closed the door legally and psychologically. After that the move is far more secure.
- Do not push for a resignation before your offer is final. If a candidate resigns on a verbal assurance and your approval then stalls, you carry the risk. Put the offer in writing first.
- Plan the start date around the exit. Notice, then a proper handover, then any unused paid leave, often adds up to two or three months. Cutting the handover short puts strain on a candidate who takes their obligations seriously.
Sources
- Civil Code, Article 627.
- Fukuoka High Court, 9 August 1978 (withdrawal of a resignation request before the employer accepts it).