Being encouraged to resign

What is encouraged resignation?

In Japan, forced redundnancy or resignation encouragement (退職勧奨 or "taishoku kansho") refers to the attempt of a company to have an employee voluntarily resign without being formally dismissed.

Even if your boss calls you into his or her room and demands that you resign, there is no need for you to treat this as any more than a mere request by your employer to consider leaving the company.

The president of the company or your boss may talk down to you and say that you are better suited to another company or the like, but if you don’t want to leave, you can simply say "no."

Your employer will only be able to dimiss you under very limited circumstances, and after meeting certain strict requirements.

If you are encouraged to resign and are not willing to leave the company

Any attempts by your employer to force you to retire or resign voluntarily have no legal binding force whatsoever.

If you are not willing to resign, you can simply tell your employer that you do not want to resign.

To emphasize, it is important to tell your employer that you are "not" resigning.

In these situations, it is very important to avoid timidly saying "OK" or "I understand" when your employer attempts to force you to resign, or anything else that might be intepreted as acceptance.

You should also avoid telling your employer "I quit!" in a burst of anger.

You should avoid these remarks, because if your employer attempts to have you resign, you should expect it will happen in person, and that the conversation is being recorded.

Just as you shouldn’t make these remarks orally, you should also avoid making these remarks by email as well.

No matter what high-pressure tactics the company employs, it is important that you stand your ground and do not give in.

If you are not a confrontational person, and feel you might agree to the demands of your employer, please try to avoid giving in by saying, for example, "I will consider it" instead.

If your employer relentlessly harasses you in attempts to have you voluntarily resign or retire, they may be in violation of the law, and could be liable for damages.

Informing your employer of that fact can be an effective strategy.

If you are encouraged to resign and are willing to leave the company

If you are in fact willing to leave the company, you should ask your employer what your terms of resignation would be if you were to leave.

It is recommended that you ask to receive those terms in writing (with the seal or signature of somebody with authority affixed, such as the company president or head of human resources).

If you don’t undertand what is being offered in those terms, or if anything is unclear, you should ask for a clarification to be provided.

The written resignation terms offered by your employer will usually be heavily slanted in favor of the employer.

If you are not satisfied with what is being offered, you are entitled to, and you have the right to negotiate for better terms.

Retaining an attorney when resolving the matter yourself is unrealistic

If you feel like you cannot resolve the matter yourself, please contact the experienced labor law attorneys at Verybest for a consultation.

Our attorneys can represent you and inform your employer that they must cease breaking the law by harrassing you to resign.

Our attorneys can negotiate on your behalf to achieve the most advantageous outcome for your labor law problem.

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