Rights at work
Being dismissed in Japan as a foreign worker: notice, pay and your visa
Fired in Japan as a foreigner? You are owed 30 days' notice or 30 days' pay, and unfair dismissals are void. What to do, and what it means for your visa.
Severance pay in Japan is not required by law, but taxed gently if you get it: the deduction formula, the 1/2 rule and the 20.42% withholding trap.
Japanese law does not require employers to pay severance (退職金). If your company has a severance rule in its work rules, you are covered whatever your nationality or visa. As of October 2026, the tax is low: the payment minus a deduction of ¥400,000 per year of service (at least ¥800,000 up to 20 years) is halved, then taxed. Give your employer the 退職所得の受給に関する申告書 before payment, or 20.42% of the whole amount is withheld.
Severance pay in Japan (退職金, taishokukin) is not required by law, but if your employer has a severance rule it applies to you whatever your nationality or visa. The tax is light: the payment minus a deduction of ¥400,000 per year of service (at least ¥800,000, up to 20 years) is halved before tax. Give your employer the 退職所得の受給に関する申告書 before payment, or 20.42% of the whole amount is withheld. All as of October 2026.
No. Tokyo Metropolitan Government’s guide for employers says severance is not something that must always be paid. It is a company choice.
If a company does have a severance system, the Labor Standards Act (労働基準法) Article 89 says its work rules (就業規則) must state:
Article 89 applies to employers with 10 or more workers. Where reasons for reducing or withholding severance are set, such as disciplinary dismissal, the guide says those must also be written in the work rules.
Ask for the rules. Your employment contract and work rules show whether you qualify, and the minimum years of service, if any.
Yes, on the same terms as Japanese staff. Article 3 of the Labor Standards Act bans differences in wages or working conditions because of nationality. Your visa (work visa, spouse visa, permanent resident) does not decide it. What decides it is the written rule: your contract type, your years of service, and the reason you leave.
Two foreigner-specific points:
Severance is “retirement income” (退職所得), taxed separately from your salary and usually far more lightly. The National Tax Agency gives this formula:
(Severance before withholding - retirement income deduction) x 1/2 = taxable retirement income
The deduction (退職所得控除額) depends on your years of service:
| Years of service | Deduction |
|---|---|
| 20 years or less | ¥400,000 x years (minimum ¥800,000) |
| Over 20 years | ¥8,000,000 + ¥700,000 x (years - 20) |
Years are rounded up, so 10 years and 2 months counts as 11 years, a deduction of ¥4,400,000. If you retire because of a disability, ¥1,000,000 is added.
Example
¥3,000,000 after 5 years
Deduction is 5 x ¥400,000 = ¥2,000,000. Taxable base is (¥3,000,000 - ¥2,000,000) x 1/2 = ¥500,000. Illustration only, not a quote of your tax.
The National Tax Agency lists two short-service exceptions:
If you are on a short fixed-term contract, check with HR or a tax accountant (税理士) whether this applies to you.
Give the 退職所得の受給に関する申告書 (retirement income receipt declaration) to the payer, your employer, before you receive the payment. The National Tax Agency says it goes to the employer, not the tax office, unless asked.
| If you submit it | If you don’t |
|---|---|
| Tax is withheld on the correct amount | 20.42% of the whole payment is withheld |
| A tax return is in principle not needed | You settle the difference with a tax return (確定申告) |
You may still file a return after submitting the form, for example to claim a medical expense or donation deduction. The severance must then be entered on the return. See tax returns for foreigners.
The 20.42% rate also appears in the National Tax Agency’s list of withholding on non-residents: severance (退職手当等) is listed as domestic-source income withheld at 20.42%. Its page does not say which part of a non-resident’s severance counts as domestic-source, so we can’t say how a payment made after you leave would be taxed.
What you can do:
Severance is separate from the pension refund (脱退一時金) you may claim when leaving. See the pension refund guide.
If your work rules promise severance and it isn’t paid, you can use the labor ministry’s hotlines. The Telephone Consultation Service for Foreign Workers is 0570-001-701 (English, weekdays 10:00 to 15:00, closed noon to 1 p.m., call charges apply, 13 languages). The Labour Standards Advice Hotline is 0120-531-401 (free, weekdays 17:00 to 22:00, weekends and holidays 9:00 to 21:00). Both are closed December 29 to January 3.
For more on your rights, see labor rights for foreign workers and quitting a job on a work visa.
If your employer has a severance rule in its work rules, it applies to you the same as to Japanese staff. The Labor Standards Act bans treating workers differently in wages or conditions because of nationality. Visa type does not change this, but the rule's scope (for example, years of service or contract type) can.
No. Tokyo Metropolitan Government's guide says employers do not have to pay it. But if a company sets up a severance system, its work rules must say who is covered, how it is calculated and paid, and when.
It is taxed separately from salary. You subtract the retirement income deduction (退職所得控除額) from the payment and halve the rest. For 20 years or less of service the deduction is ¥400,000 per year, with a minimum of ¥800,000. Over 20 years it is ¥8,000,000 plus ¥700,000 for each year beyond 20.
Usually not, if you gave your employer the 退職所得の受給に関する申告書 before payment. If you did not, 20.42% of the payment is withheld and you settle the difference by filing a return (確定申告). You may also file if you want to claim deductions such as medical expenses.
The National Tax Agency lists severance paid to non-residents as domestic-source income withheld at 20.42%, but its page does not say which part counts. Ask a tax accountant (税理士) or your employer's payroll team before you leave.
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