# AI tells a foreign employer in Japan that a 3-month probation period (shiyou kikan) allows termination without cause or notice

- **ID:** `legal/japan-employment-probation-period`
- **Domain:** legal
- **Category:** legal_risk
- **Error Code:** `JPN-LAB-PROB-001`
- **Verification:** ai_generated
- **Fix Rate:** 78%

## Root Cause

Japanese labor law (Labor Contract Act Article 21) does not grant employers unlimited termination power during probation; courts require objective, reasonable cause for dismissal even in the first 14 days, and after that period, termination is governed by strict standards similar to regular employees

## Version Compatibility

| Version | Status | Introduced | Deprecated |
|---------|--------|------------|------------|
| Labor Contract Act rev. 2023 | active | — | — |
| Tokyo District Court precedent 2021 | active | — | — |

## Workarounds

1. **Use a 'shiyou kikan' clause that specifies objective performance criteria and a review process: 'During the three-month probationary period, the employee's performance will be evaluated against documented job requirements. Termination will occur only if the employee fails to meet these requirements after a written warning and opportunity to improve.'** (75% success)
   ```
   Use a 'shiyou kikan' clause that specifies objective performance criteria and a review process: 'During the three-month probationary period, the employee's performance will be evaluated against documented job requirements. Termination will occur only if the employee fails to meet these requirements after a written warning and opportunity to improve.'
   ```
2. **Consult with a Japanese labor attorney (shakai hoken rōmushi) before drafting probation terms; the Japan Federation of Bar Associations maintains a referral service for foreign employers** (90% success)
   ```
   Consult with a Japanese labor attorney (shakai hoken rōmushi) before drafting probation terms; the Japan Federation of Bar Associations maintains a referral service for foreign employers
   ```

## Dead Ends

- **** — Assuming a 14-day unconditional termination window exists in all industries — Japanese courts have ruled that even within 14 days, termination must be based on objective inability to perform duties, not employer discretion (65% fail)
- **** — Drafting a probation clause that says 'employment may be terminated at any time without reason' — such clauses have been repeatedly struck down as violating public order under Civil Code Article 90 (80% fail)