Starting a Job in Japan on Probation: Your Pay and Dismissal Rights

2026年9月1日

Starting a Job in Japan on Probation: Your Pay and Dismissal Rights

A probation period in Japan does not mean that you are working without an employment contract or without legal protection. You must be paid for your work, the agreed working conditions still apply, and an employer cannot dismiss you for any reason it chooses.

The first 14 calendar days are important, but often misunderstood. They affect the usual requirement for 30 days’ dismissal notice or payment instead of notice. They do not create a 14-day period in which every dismissal is automatically valid.

This guide is for foreign employees, students moving into full-time work, and anyone reviewing a Japanese job offer with a probation clause.

The essentials:

Check the probation length, salary, duties, workplace, working hours, and confirmation criteria before accepting the offer.
A lower probation salary is not automatic. It must match the agreed conditions and cannot fall below the applicable minimum wage.
After more than 14 days of continuous employment, the employer generally must give 30 days’ notice, pay an allowance for missing notice days, or combine the two.
Notice procedure and the legal reason for dismissal are separate questions.
If employment ends, some foreign residents must notify the Immigration Services Agency within 14 days.

Information and official services in this guide were checked on August 22, 2026. Employment and immigration outcomes depend on the contract and individual facts, so use official consultation services for a specific dispute.

TOC

What a Japanese probation period actually means

Probation is normally the opening stage of an existing employment relationship, not an unpaid test before employment begins.

The common Japanese term is shiyō kikan (試用期間), meaning “probationary period.” During this period, the employer assesses whether the employee is suitable for the position. A company may review attendance, conduct, skills, accuracy, communication, or the ability to perform stated duties.

Japan’s Labour Standards Act does not set one universal maximum length for probation. The Ministry of Health, Labour and Welfare’s model work rules therefore leave the number of months for the company to specify. In practice, the exact period must be checked in the employer’s documents rather than assumed from custom.

The ministry’s model rules also say that an excessively long probation period is undesirable because it leaves the employee’s position unstable. Court guidance published by the ministry indicates that a period extending beyond what is reasonably needed to assess suitability may be invalid in particular circumstances.

Probation is different from a fixed-term contract

These two arrangements are easy to confuse:

Probation in an indefinite-term contract: Employment has no scheduled end date, but the opening months are used for assessment.
Probation within a fixed-term contract: The contract has both an assessment period and a stated expiry date.
A short fixed-term contract used to assess a worker: Whether it is genuinely a separate fixed-term arrangement or legally functions as probation can depend on the wording, purpose, and actual working relationship.

This distinction matters. Under Article 17 of the Labour Contract Act, an employer generally cannot dismiss someone during a fixed contract term without an unavoidable reason. Reaching the end of a genuine fixed-term contract raises a different issue—renewal or non-renewal—from dismissal during probation.

Do not rely only on the word “probation.” Look for keiyaku kikan (契約期間), meaning “contract term,” and check whether an end date appears in the offer or employment notice.

What to check before your first day

The safest time to resolve uncertainty is before you start, while the offer and company explanations can still be compared.

When concluding an employment contract, the employer must clearly state important working conditions. Certain conditions—including wages and working hours—must generally be provided in writing or by an accepted electronic method.

Ask for and retain the following documents:

Rōdō jōken tsūchisho (労働条件通知書): notice of working conditions
Koyō keiyakusho (雇用契約書): employment contract
Shūgyō kisoku (就業規則): work rules
The job description, offer letter, salary breakdown, and any probation policy

Use this pre-employment checklist

Confirm each item in writing:

The start and end dates of probation
Whether the employer may extend it, for what reasons, and for how long
Salary during probation and salary after confirmation
Overtime rates, fixed overtime provisions, allowances, and bonus eligibility
Working hours, breaks, days off, and workplace
Duties during probation and duties after confirmation
The standards and decision date for full confirmation
When health insurance, employees’ pension, and employment insurance enrollment begins
Whether paid leave, commuting support, housing support, or other benefits differ during probation
Whether the contract is fixed-term or indefinite-term
What happens if the company decides not to confirm employment

If a recruiter or manager says, “The details will be decided after you join,” request a written explanation before accepting. A verbal promise about a later salary increase is much harder to verify than a figure and effective date written into the contract.

Here is the key point: “Three months’ probation” does not tell you what will happen during those months. The contract must show the pay, term, duties, hours, and any conditions that change after confirmation.

Pay during probation

Probation does not cancel the employer’s duty to pay the wage stated in the employment conditions.

A company may offer one salary during probation and another after confirmation. However, the difference should be disclosed before employment begins and reflected in the contract or notice of working conditions. The probation wage must also comply with the minimum wage that applies to the workplace and job.

Minimum wages vary by prefecture and are revised periodically. Certain industries may also have a specific minimum wage. Check the current official amount for the prefecture where you actually work rather than using an old nationwide figure or the location of the company’s head office.

Foreign nationality cannot be used as a reason to discriminate over wages, working hours, or other working conditions. The Labour Standards Act applies to workers in Japan regardless of nationality.

Questions to ask about the salary figure

Do not compare only the large monthly total. Ask what it contains:

Is the amount base salary or total gross pay?
Does it include a fixed overtime allowance?
How many overtime hours does that allowance cover?
Which allowances begin only after probation?
Is the post-probation increase automatic, or does it require a separate assessment?
Is the salary shown before tax and social insurance deductions?

For example, a contract might show ¥250,000 during probation and ¥270,000 after confirmation. That does not by itself explain whether the difference comes from base pay, an allowance, or assumed overtime. The breakdown affects how you evaluate the offer and check future payslips.

Insurance and paid leave

Do not assume that social insurance always begins only after probation. Eligibility generally depends on the employment arrangement, working hours, expected employment period, employer, and other statutory conditions—not simply on the label “probation.” Ask the employer to state the planned enrollment date for each scheme.

The probation period also normally forms part of continuous service. This can matter when calculating eligibility for annual paid leave. Under the general rule, a worker who has remained employed for six months and attended at least 80% of scheduled working days becomes eligible for annual paid leave, although the number of days depends on the work schedule.

Can an employer dismiss you during probation?

Yes, dismissal during probation is possible, but probation is not permission for arbitrary dismissal.

Ministry guidance based on court decisions explains that an employer has somewhat broader room to assess suitability during probation than after full confirmation. Even so, refusing confirmation or dismissing the employee must have an objectively reasonable reason and be considered socially acceptable in light of the purpose of probation.

Relevant facts may include whether:

The employee could perform duties clearly stated at hiring
Important qualifications or work history were deliberately misrepresented
Attendance or conduct problems were documented
The employer explained performance concerns
Training, instructions, or a reasonable opportunity to improve were provided
The assessment used criteria connected to the actual position
The company followed its contract and work rules

A vague statement such as “not a cultural fit” does not answer these questions. The wording used by the company, the evidence, the job requirements, and the steps taken before dismissal can all matter.

The 14-day rule is about notice

Article 21 of the Labour Standards Act creates a limited exception for a worker in a probationary period who has not yet been employed continuously for more than 14 days. During that opening period, the standard advance-notice rule under Article 20 generally does not apply.

Once employment continues beyond 14 days, the employer generally must do one of the following:

Give at least 30 days’ advance notice
Pay at least 30 days’ average wages as a dismissal allowance
Use a combination, such as 10 days’ notice plus an allowance covering the remaining 20 days

There are narrow statutory exceptions, including certain cases involving unavoidable business circumstances or reasons attributable to the worker, with administrative requirements applying in relevant cases.

The crucial distinction is this:

Notice question: Was sufficient notice or payment provided?
Validity question: Was there an objectively reasonable and socially acceptable reason for dismissal?

An employer may satisfy the notice requirement and still face a dispute over whether the dismissal itself was valid. Conversely, a dismissal within the first 14 days is not automatically valid merely because advance notice was unnecessary.

“You failed probation” and “your contract expired” are not identical

If your document gives the employment contract an end date, the company may describe the outcome as non-renewal rather than dismissal. Do not accept the label without checking the contract.

Ask:

Was the main employment contract fixed-term or indefinite-term?
Was the stated period only for assessing suitability?
Did the documents clearly say employment would end automatically?
Did the employer promise or strongly imply renewal?
Were other procedures required by the contract or work rules?

The legal treatment can depend on the real arrangement, not just the heading chosen by the employer.

What to do if you are rejected or dismissed

Collect the written record first; do not sign an unfamiliar resignation document immediately.

A company may ask you to submit a taishokutodoke (退職届), or resignation notice, even though it initiated the separation. Signing a voluntary resignation can affect how the end of employment is recorded. Ask what the document means, request time to read it, and obtain advice if the explanation is unclear.

Take these steps in order

Ask whether the decision is dismissal, encouraged resignation, or fixed-term expiry. Get the company’s description in writing.
Request the reason. Under Article 22 of the Labour Standards Act, a worker may request a certificate covering employment details and the reason for separation, including the reason for dismissal. A worker who has received dismissal notice may also request a certificate stating the reason before departure.
Save your evidence. Keep the contract, working-conditions notice, work rules, payslips, schedules, attendance records, evaluations, instructions, and relevant messages.
Check notice or allowance. Count calendar days from the notice to the dismissal date and review any payment described as kaiko yokoku teate (解雇予告手当), or dismissal notice allowance.
Do not miss final administrative steps. Ask about the final payslip, insurance documents, tax documents, return of company property, and any employment-separation records you need.
Consult an official service promptly. Deadlines and the best procedure depend on the dispute.

Do not secretly remove confidential company data or customer information while collecting evidence. Keep only documents and communications you are entitled to retain, and ask an adviser how to preserve other evidence lawfully.

Extra steps for foreign residents

A workplace dispute and your immigration status are connected in practice, but they are not the same legal question.

Losing a job does not by itself mean that every residence status ends on the dismissal date. However, many mid- to long-term residents with employment-related statuses must notify the Immigration Services Agency when they leave or change an affiliated organization. The usual deadline for covered statuses is 14 days after the change.

The exact notification depends on your status of residence. The rules for Engineer/Specialist in Humanities/International Services, Instructor, Intra-company Transferee, Highly Skilled Professional, Specified Skilled Worker, Student, and other statuses are not identical.

If employment ends:

Check the wording on your residence card
Use the Immigration Services Agency’s guidance for your exact status
Submit any required notification within 14 days
Confirm that a new job falls within the activities permitted by your status
Keep evidence of job-search activity and obtain immigration advice when necessary

Do not rely only on an employer’s statement that your visa has been “cancelled.” Employers do not personally cancel a status of residence. Immigration consequences are handled under immigration law by the relevant authorities.

Common probation mistakes

Most avoidable problems begin with an unclear document or an assumption that was never confirmed.

Assuming the probation salary must equal the later salary

The amounts can differ if the arrangement was properly agreed and remains lawful. What matters is whether the figures, timing, and conditions were disclosed—and whether the applicable minimum wage is met.

Believing there are no dismissal protections for 14 days

The 14-day exception concerns advance notice. It does not erase the separate legal standards governing the reason for dismissal.

Confusing confirmation with a new employment contract

In many cases, the employment relationship already exists during probation. “Full employment” may simply mean that the reserved assessment stage has ended. Read the actual documents rather than assuming a second contract will begin later.

Accepting an unlimited extension clause

Ask what permits an extension, who decides, how long it can last, and when you will be informed. A broad clause that allows repeated extensions leaves pay and job security uncertain.

Treating a verbal resignation request as a final decision

Clarify whether the employer is dismissing you or asking you to resign voluntarily. The distinction may affect notice pay, documents, unemployment procedures, and any later dispute.

Ignoring residence-status notifications

Even while disputing a dismissal, complete any immigration notification required for your status. A labor dispute does not automatically pause an immigration deadline.

Where to get help

Use an official labor service when the contract, payment, or reason for dismissal is unclear.

The Ministry of Health, Labour and Welfare provides multilingual consultation channels. As of August 2026:

The Telephone Consultation Service for Foreign Workers offers English support on weekdays from 10:00 to 15:00, excluding 12:00 to 13:00, at 0570-001-701. Call charges apply.
The free Labour Standards Advice Hotline provides English support at 0120-531-401, generally from 17:00 to 22:00 on weekdays and 9:00 to 21:00 on weekends and public holidays.
Foreign-worker consultation services are also available through participating Prefectural Labour Bureaus and Labour Standards Inspection Offices.
Comprehensive Labor Consultation Corners accept workplace consultations and can provide information about dispute-resolution options.

Schedules can change temporarily, so verify the current language, hours, and location on the official consultation page before calling or visiting.

For residence-status questions, consult the Immigration Services Agency or a qualified immigration professional. Labor offices can explain employment rules, but they do not decide immigration status.

Practical takeaway before you accept the job

A probation clause should answer concrete questions, not create a blank period in your employment. Before the first day, make sure you can point to a document showing:

The probation dates
The contract term
Your exact salary and its breakdown
The date and conditions for any salary change
The assessment standards
Insurance enrollment dates
Any extension rules
The procedure if confirmation is refused

The most important watchpoint is the difference between a company’s label and the real contract. “Probation,” “trial employment,” “fixed term,” and “resignation” can lead to different questions about pay, notice, dismissal, and immigration reporting. If the documents and the company’s explanation do not match, resolve that difference before signing—or take both versions to an official adviser.

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