I have worked at the same service-based company for approximately 4.5 years in Tokyo
Recently, the company arranged an interview for another assignment as the previous client’s project was over. I was not selected as they wanted native Japanese even though my Japanese is N2 level and I speak proper Japanese similar to a native. Immediately afterward, they arranged a meeting and told me there was no work available for me.
The company says it considered other internal assignments but could not find anything suitable. They have also told me that I will only receive my salary for October.
In an email, HR claims I agreed to resign effective October 31 and asks me to submit a resignation letter by October 14. However, I never agreed to resign. I only said “OK” when they discussed supporting my job search.
HR has repeated this claim in writing and says my resignation notice has not yet been received.
What should I do now?
- Should I refuse to submit a voluntary resignation letter?
- Should I contact Hello Work or the Labour Bureau before signing anything?
- Could this qualify as company-driven separation (会社都合退職) for unemployment benefits?
-Is the company allowed to stop paying my salary after October if I remain willing and available to work?
- How can I protect my employment rights and ensure Hello Work correctly assesses the reason for separation?
I’d appreciate advice from anyone familiar with Japanese employment law or who has experienced a similar situation. Thank you.
Update: Thank you for all the advice. I have a few more questions.
Yesterday night, shortly after posting this, I emailed my company explaining that I am willing to continue working, including in a data center role. I also asked about the job-search support they had previously mentioned.
My work is based in Tokyo.
Today, I have a call with HR. I intend to make it clear that I have not agreed to resign, that I want to continue working, and that I am willing to take on available assignments, including data center work. If they tell me that the company intends to terminate my employment, I plan to ask whether they are willing to offer compensation as part of a separation agreement.
If I have more updates or need to ask further questions, would it be better to edit this post or create a new one?
A little more background about my situation:
I am a naturalised Japanese citizen, so I am not dependent on my employer for my visa. I am a permanent employee working as a Desktop Support and Provisioning Analyst at a service-based company. It is a Japan based company.
Our contract with the client ended on September 30, and I have been on standby since then. The company arranged only one interview with another client, but I was not selected. After that, the company told me there was no suitable work available and asked me to resign.
I don’t currently need to report to the office while on standby, and I am actively searching for another job. However, I have no savings, so I need to continue receiving my salary while I look for another position.
Before making this post, I knew very little about Japanese employment law or my rights. Thanks to your replies, I now understand that I shouldn’t rush into resigning and that I should clearly communicate my willingness to continue working.
I have also heard from former coworkers that another employee was once on standby for around three months before receiving a new project, and that he continued receiving his full salary during that period.
My main questions now are:
- Since I am currently on standby, how should I formally demonstrate that I am ready and willing to work? Should I report to the company’s head office, even though I rarely go there, or should I ask HR for written instructions?
- When should I contact Hello Work? Should I do so now, even though I am still employed, or only if my employment actually ends?
- If I take a part-time job while searching for a full-time position, will I lose my eligibility for unemployment benefits? How does Hello Work treat part-time income and working hours?
- Is the company required to continue paying my salary while I am on standby because there is no client assignment available?
Thank you again to everyone who has taken the time to respond. I genuinely had no idea where to turn or whom to ask for help, and your advice has been incredibly helpful. 🙏🏽
Sorry for making this a long post.