Can you not easily discharge even employee who does not work?
We cannot discharge in labor legislation in what kind of worker under principle of workers protection system easily now in Japan.
There is rule called kaiyatoikenranyokinshisoku including discharge warning system, prior authorized system in case of immediate discharge, and it is objective, and rational reason is demanded from the use of the discharge right.
Partner urges to leave voluntarily
Discharge is to end hiring for partner refusing one-sidedly from company.
Law does not intervene in ending hiring from employee voluntarily.
Therefore person whom we urged to let you say, "we leave" from partner is settled smoothly.
At the retirement bonus and this verge, is not said to "have been threatened"; let's have get consent, and record all the details of the exchanges, or lawyer attend partner to save.
When we do not retire independently though objective and rational reason was accepted, it is necessary to do discharge warning 30 days ago if it is usually discharge.
When you discharge without notice, you must pay average salary for 30th.
But, in the case of disciplinary dismissal, we can discharge immediately, and the retirement bonus does not have to pay, too.
When disciplinary dismissal is possible
- When theft, embezzlement, disorder is caused in the workplace
- When we disturb public morals of company by gambling acts
- When falsehood of career is found out in adoption in important item
- When we are absent without notice without adequate cause more than two weeks and do not accept repeated demand of attendance
In addition, there is reason that discharge is prohibited.
Reason that we are prohibited from discharge
- Discriminatory discharge which assumed nationality, creed, social status reason
- Discharge that assumed participation to association and the activity reason
- Discriminatory discharge which assumed sex reason
- Discharge that assumed report to labor standards office reason
- Discharge on the grounds of application of settlement of disputes procedure in Equal Employment Act
- Discharge on the grounds of offer, the acquisition of child care, family care leave
In consultation with expert, we recommend that we confirm proper procedure once.