Employers in Japan try to hire the best candidates they can find and do their best to ensure that they’re qualified for the jobs on offer. For their part, employees want to know that they’ll fit well into the organizations they apply to work with and that their working conditions will be positive. How can either party find out for sure?

Probationary periods in Japan help both sides figure out if the employment relationship will work out well or if they should cut their losses and terminate their agreement. In this guide, we’ll look into how probation periods in Japan work, what rules and regulations cover them, and what’s standard practice for Japanese companies. 

Definition of a Probation Period in Japan

As with many other countries, a probation period in Japan is a set time period during which there are exceptions to employment regulations. These periods allow workers and employers to end their contracts more easily. There are also times when employers can closely monitor their employees’ skills and performance. They can also assess whether employees fit well into their corporate culture while employees can judge whether or not their positions meet their expectations.

Probationary periods in Japan are not mandatory and have few laws regulating them. Therefore, they’re generally considered conventional tools for the assessment of new staff, rather than legal instruments for protecting the rights of workers and their employers.

Lengths of Probationary Periods in Japan

Since probation periods are not required under Japanese law, there is no minimum length stipulated. There is also no limit on the maximum duration of a probation period. However, the typical duration of a probation period in Japan is between three to six months. 

Whether or not probationary periods are extended or introduced multiple times for workers in the same positions is at the discretion of the employer. However, these conditions must be understood by the employee and stated clearly in their contract before the start of employment.

Legal Considerations of Probation Periods in Japan

In Japan, probation periods have long been a part of employment and are considered to be conventional and widespread. There are few laws governing probation periods, but they have important effects on employment as follows:

Duration

A duration of three to six months is typical but there is no legally stipulated minimum or maximum length of a probation period.

Pay and Working Conditions

In many countries, employers are allowed to pay employees less than their agreed salaries during probation.

In Japan, however, they must be paid at the same rate as they will be paid after probation. Likewise, their hours and other working conditions must be the same as provided for after their probation periods are over. They must also not face any discrimination due to their probationary status, nor any other workplace discrimination, and must be treated equally according to the Constitution of Japan.  

Termination and Notice

When an employer wishes to dismiss a Japanese worker, they must normally provide that worker with either 30 days’ notice or thirty days’ pay in lieu of notice. This is not true for workers at the start of their probationary period. Probationary workers can be dismissed without notice at any time. However, according to the Labor Standards Act of 1947, probationary employees who have worked more than 14 days become eligible for 30-day notice periods. Even within the first 14 days, however, employers have the obligation to provide a reasonable justification for terminating workers. Employees must also give 30 days’ notice after having completed 14 days of probationary employment.

In addition, women who are currently pregnant or who have given birth in the past year are generally protected from termination during their probationary periods. However, they may be terminated if the employer can prove the termination is not related to the conditions of pregnancy or childbirth.

Vacation / Holidays

Japanese workers are entitled to ten days per year as their initial annual leave allowance. However, they are not eligible for leave within their first six months of work. After being continuously employed for six months, they can claim their annual leave entitlement, which generally means that most workers do not get paid leave during probation periods.

Contracts

Workers in Japan must be given written contracts or, in the case of oral contracts, be given the particulars of their working conditions in writing. These contracts and particulars must include the details of the probation periods and if any changes are made during negotiations, the employees must be notified.

Benefits of Probation Periods in Japan

There are many good reasons why most employers in Japan include probationary periods in their employment contracts. The benefits for both employees and employers include:

  • For Employees

Opportunity to test out the actual working conditions and expectations of their roles before fully committing to long-term employment.

Can resign more easily in the first 14 days without the need to give notice to the employer.

Receive attention and assessments during probation, which allow them to learn and improve.

  • For Employers

Terminating workers during the first 14 days requires no notice, making it faster and easier than later on.

Opportunity to test out employees and ensure they fit in with the company culture and expectations of their roles.

Frequently Asked Questions

No, there is no legal mandate in Japan that requires employers to enforce probationary periods. However, most companies use probationary periods of three to six months and these must be stipulated in workers’ contracts.

Once an employee has been employed consecutively for 14 working days, they can no longer be terminated without receiving 30 days’ notice or resign without providing the same.

After the first 14 days, probation periods can continue but there are no special circumstances for employers and employees protected by law. However, probation in Japan is a period of continuous assessment and development intended to ensure that workers will be a good fit for their companies long-term.