Probation in Japan Explained – Contracts, Visas, and Pitfalls
Starting a job in Japan? Your first 3–6 months on probation can make or break your career and visa status. Here’s what you need to know.
Probation periods are a standard feature of employment in Japan. Known as 試用期間 (shiyo kikan), they usually last three to six months and serve as a mutual trial period for both employer and employee.
But probation in Japan is not just a formality. It carries real legal weight, practical consequences, and cultural expectations. For foreign employees, it interacts with visa and immigration requirements, making it a critical stage of employment.
In this post, I’ll explain how probation works in Japan, highlight the differences from U.S. practice, share advice from my HR experience, and cover what happens if either side decides to part ways during probation.
This blog covers:
1. Legal Framework: Not “At-Will”
2. Typical Probation Terms
3. Termination During Probation
4. Employee Benefits During Probation in Japan
5. Best Practice: 30/60/90-Day Plans
6. Background Checks: Japan vs. Foreign Companies
7. Immigration Risks for Foreigners
8. Resigning During Probation: Is It Okay?
9. How Foreign Workers Can Resign During Probation in Japan
10. Risks of Resigning Too Early
11. Common Probation Pitfalls in Japan
12. FAQs About Probation in Japan
13. Wrap Up
1. Legal Framework: Not “At-Will”
In the U.S., probation is largely symbolic. Because most states follow at-will employment, an employer can dismiss an employee at almost any time, for almost any reason, regardless of probation status.
In Japan, probation is taken far more seriously. The reason is simple: once probation is successfully completed, it becomes extremely difficult for employers to terminate employees. This makes probation a critical period for companies to evaluate new hires carefully and decide whether the relationship should continue.
Key points to know
Probation is not legally required, but most companies adopt it at their discretion.
A valid employment contract exists from day one—this is not a “trial without rights.
First 14 days: an employer can dismiss without giving notice or paying the 30 days’ wages normally required by law (Labor Standards Act, Article 20).
However, do not misunderstand this as “easy termination.” Employers must still show a reasonable and socially acceptable cause (e.g., repeated absence, serious misconduct, falsification of records, sustained poor performance).
After 14 days: dismissal requires both advance notice of 30 days (or pay in lieu) and a valid cause.
Courts scrutinize dismissals closely, and arbitrary or vague reasons are not accepted.
✅ If employment does not work out, there are generally two pathways:
Dismissal during probation — a formal termination (Dismissal/解雇). In practice, this is extremely rare and usually limited to very serious cases such as embezzlement, fraud, or gross misconduct.
Resignation recommendation — the far more common path in Japan. To avoid litigation risk, companies often encourage the employee to resign voluntarily rather than issue a formal dismissal.
This can occur either during the probation period or at its end. Employers often prefer to wait until the end, as it allows them to demonstrate that they provided sufficient support, feedback, and opportunities for improvement before concluding that the employment should not continue.
For details on how termination works in practice, see Section 3 – Termination During Probation.
Key difference: In the U.S., probation rarely changes the legal picture. In Japan, probation is legally meaningful and tightly regulated.
2. Typical Probation Terms
Most companies set probation at three to six months, but some extend it up to one year. Extensions are allowed only if:
The contract or work rules state this possibility.
The reasons are reasonable (e.g., more time needed to assess performance).
The total period doesn’t exceed about a year.
Probation terms should always be clearly written in the employment contract. For foreign employees, reviewing both Japanese and English versions carefully is essential.
3.Termination During Probation
As noted in Section 1, there are generally two pathways if employment does not work out:
Dismissal during probation
As said, this is extremely rare. However, Japanese courts have at times upheld dismissals made during probation, creating important precedents.
✅ Examples of Dismissals Recognized as Legitimate by Japanese Courts
Attendance rate falling below 90%.
More than three instances of absence without notice.
Poor work attitude or uncooperative conduct, with no improvement despite repeated warnings, rendering the employee unsuitable for the workplace.
Forgery or falsification of a certification or license
Falsification of career or employment history.
Takeaway:
Probation is not a free pass—Japanese courts may side with employers if serious issues are clear and well-documented.
Depending on the reason for dismissal, the company may also be required to cover the employee’s repatriation (return-to-home) costs. Check with your HR.
Resignation recommendation
This is by far the more common path in Japan. To reduce litigation risk, employers often encourage the employee to resign voluntarily rather than issue a formal dismissal.
This can happen either mid-probation or at its end. In many cases, companies prefer to wait until the end of probation, as they can then show that they gave sufficient support, feedback, and opportunities for improvement before concluding that the employment should not continue.
✅ From my HR experience:
If performance or behavior issues appear early, they almost always continue, even if the employee manages to pass probation.
Problems often show up right from the new hire paperwork stage. If a new hire is unresponsive, makes repeated typos, or submits inconsistent documents, HR already sees a yellow flag.
I cannot stress enough the damage caused by bringing in employees who are not a good fit.
Not only is it extremely difficult to terminate someone later, but keeping the wrong hire can also have a serious negative impact—lowering morale and productivity across the organization.
4. Employee Benefits During Probation in Japan
Many employees worry that benefits don’t start until after probation. In Japan, that’s usually not true.
Health and social insurance: active from day one.
Commuting allowance, housing support, other perks: usually apply.
Paid time off/leave: By law, granted only after six months of continuous service (with at least 80% attendance). Some companies grant it earlier like from day one as a goodwill policy.
· You may also check your eligibility for a retirement allowance and the details of the plan, as these vary by company.
So, probation employees are usually treated like regular staff, with the paid leave rule being the main exception.
5. Best Practice: 30/60/90-Day Plans
Good companies don’t leave probation vague. They set 30-day, 60-day, and 90-day action plans with clear goals and check-ins.
For employees:
Meet with your manager regularly.
Ask questions early to clarify expectations.
Use the period to evaluate the company too—probation is mutual.
For employers:
Clear probation plans prevent misunderstandings.
They show professionalism and help build trust.
Some employers provide a formal letter confirming successful completion of probation.
To prevent any misunderstanding, ensure that you and your manager share the same expectations, even if there is no documented plan.
6. Background Checks: Japan vs. Foreign Companies
Another difference is how companies handle background checks (BCs).
Foreign companies in Japan: Almost always conduct checks (e.g. prior work history, certification, education). Results often return during probation. Contracts usually state that employment may be terminated if negative findings appear.
Japanese companies: Traditionally, Japanese employers did not conduct extensive background checks.
Since civil law prohibits discrimination based on family origin or social status, companies historically avoided investigations that might touch on personal background.
However, in recent years some firms have begun to introduce limited checks—typically verifying prior employment, academic records, or professional qualifications—rather than personal or family history.
✅ Case example from my experience1:
A foreign employee did not disclose a subpoena for unpaid rent, which was later uncovered in a background check. As a result, the company terminated his contract during probation.
Lesson: Failing to disclose even unintentional legal issues can signal poor risk awareness. Being upfront and explaining the situation is far safer than letting a background check reveal it.
✅ Case example from my experience 2:
A foreign new graduate disclosed his speeding tickets from his university days during the background check. We appreciated his honesty, and the company decided to proceed with the employment.
These cases show that in Japan, honesty and financial responsibility are taken very seriously.
7. Immigration Risks for Foreigners
For foreign employees, probation carries extra stakes:
Visa sponsorship ends if you are terminated. If your employment ends, your current sponsoring company is legally required to notify Immigration within 14 days, and you must also report the change.
Grace period to find new work: Immigration generally expects you to secure a new sponsoring employer within about 3 months.
In some cases, if you can show proof of active job hunting (e.g., applications, interviews, recruiter correspondence), you may be allowed up to 6 months. However, if you do nothing, your visa status can be revoked sooner.
Frequent job changes raise flags. Multiple short stints, especially early in your career in Japan, may create concerns about stability when renewing or changing your status of residence.
✅ Important Note: Designated Activities Visa
If you lose your job and cannot immediately secure a new sponsor, you may be eligible to apply for a Designated Activities (特定活動) visa for job hunting. Immigration authorities grant this on a case-by-case basis, usually for a period of up to 6 months, if you can demonstrate serious efforts to find employment. This option can provide a vital buffer if probation does not work out.
8. Resigning During Probation: Is It Okay?
Employees sometimes worry about leaving during probation. In Japan, it’s perfectly acceptable if the fit isn’t right.
Why? Because:
Probation is a trial period for both sides.
You may find that company culture, job responsibility, workload, or team dynamics don’t match your expectations.
Resigning early may be easier than waiting until after confirmation.
However:
You must still give notice—at least two weeks under Civil Code Article 627.
Check your company’s work rules, as some require longer notice such as one month.
Be respectful: resign early, give reasons politely, and help with handover.
Double-check your visa status and health insurance continuity before resigning.
9. How Foreign Workers Can Resign During Probation in Japan
If you decide to resign, follow a professional process:
a. Set a meeting with your manager—don’t just send a message.
b. Explain in person. When speaking with your manager, use a polite and neutral explanation such as: “After careful consideration, I believe this position is not the best match for me.”
Avoid giving detailed reasons related to specific tasks or responsibilities. Doing so may prompt your manager to suggest adjustments or negotiate retention, which can unnecessarily prolong your departure process.
c. Submit a resignation letter with your name, department, reason and the date submitted. Include your name, department, the reason, and the date submitted.
For the reason, most employees in Japan use a very standard phrase: “isshinjo no tsugo” (一身上の都合), which translates to “personal reasons.” This is a polite and neutral way to resign without going into detail, and it is widely accepted in companies in Japan.
d. Cooperate with handover to minimize disruption.
e. Request a Certificate of Employment Separation (退職証明書) for visa renewal purposes.
10. Risks of Resigning Too Early
Resigning in probation is allowed, but has consequences:
Resumé impact: You should still list the job, even if brief. Omitting it can backfire because employment insurance records reveal your history.
Recruiter concerns: Multiple short stints raise questions about your stability and skill growth.
Health insurance gap: When you resign, your employer-sponsored health insurance ends on your termination date. To avoid coverage gaps, you must enroll in National Health Insurance (NHI). Foreign residents with a residence period exceeding three months are eligible to join NHI.
Learning gap: Frequent early exits limit your chance to build expertise.
Thus, resignation should be a well-considered choice, not just a reaction to short-term discomfort.
11. Common Probation Pitfalls in Japan
Employees should be aware of frequent issues during probation:
Sudden dismissal without cause: Illegal unless supported by serious and objective reasons.
Unfair non-confirmation after probation: Legally treated as dismissal and requires valid justification.
Unilateral probation extension: Valid only if clearly written, reasonable in length, and not exceeding one year in total.
Underpayment: Salary must not fall below the contracted amount. Overtime must be paid—non-payment is illegal.
No insurance enrollment: Illegal if the employee meets the standard eligibility requirements.
✅ If disputes arise:
First, consult your manager or HR calmly and provide supporting documents.
If unresolved, contact a labor attorney, the Labor Standards Inspection Office, or Hello Work.
12. FAQs About Probation in Japan
Q1. Can I be dismissed without notice during probation?
A1. Only within the first 14 days of employment. After this period, dismissal requires 30 days’ prior notice or payment in lieu of notice. Even within the initial 14 days, termination must be supported by reasonable justification.
Q2. Am I entitled to paid leave during probation?
A2. Under Japanese law, statutory annual paid leave is granted after six months of continuous service. Some employers may provide paid leave earlier, including from the first day of employment, as a matter of company policy.
Q3. Can I resign during probation?
A3. Yes. By law, an employee may resign by giving at least two weeks’ notice. Nonetheless, it is recommended to resign professionally and cooperate with the transition process.
If the company’s employment rules stipulate a longer notice period, you may be required to discuss and confirm your resignation date with HR.
Q4. Should I list a short probationary job on my CV?
A4. Yes. Employment insurance and tax records will reflect your work history. Omitting such employment may be discovered and could raise concerns about credibility.
It is therefore advisable to disclose the position and provide a concise, factual explanation.
Q5. Do foreign employees face additional risks during probation?
A5. Yes. Termination of employment may result in the loss of visa sponsorship. It is essential for foreign employees to confirm visa conditions in advance and prepare contingency plans.
Q6. Is it lawful for employers to exclude probationary employees from social insurance or overtime pay?
A6. No. Such practices are illegal. From the first day of eligible employment, employees must be enrolled in social insurance and are entitled to overtime compensation.
If this obligation is not met, the matter should be promptly raised with HR or the appropriate labor authority.
13.Wrap Up
For many foreign employees, it can be difficult to fully understand your job responsibilities, expectations, and company culture just through interviews and/or reputation. It’s natural to feel uncertain about whether you can succeed—especially when workplace practices differ greatly from those in your home country.
From foreign employees, I’ve often heard reasons such as:
Finding it hard to get along with a supervisor, despite good impressions at the interview.
Struggling to adapt to the workplace or job duties, leading to health problems.
Feeling uncomfortable in an environment where “working late” is seen as proof of effort.
Wanting broader responsibilities, but finding the role was narrower than promised.
Feeling overwhelmed by workload, with family urging a job change.
At the same time, managers have shared their perspectives:
Japanese language skills were lower than expected.
Communication with team members was weaker than hoped, possibly due to cultural gaps.
Attendance issues, sometimes reflecting a more relaxed attitude toward tardiness or early leave in the employee’s home country.
The reality is many of these challenges can be improved with time, support, and communication.
Instead of making the quick decision to resign, it’s worth first discussing your concerns with your manager or HR. Open conversations can often lead to adjustments that help both you and the organization succeed.
Probation is a learning period for both sides, and open communication is the key to turning it into a successful long-term relationship.
For Further Reading
Employment Contracts in Japan – What You Need to Know
Japan New Hire Checklist: From Pre-Arrival Paperwork to Your First 90 Days
