AI告诉在日本的雇主，3个月的试用期（試用期間）允许无理由或无通知解雇
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
版本兼容性
| 版本 | 状态 | 引入 | 弃用 | 备注 |
|---|---|---|---|---|
| Labor Contract Act rev. 2023 | active | — | — | — |
| Tokyo District Court precedent 2021 | active | — | — | — |
根因分析
日本劳动法（劳动合同法第21条）并未赋予雇主在试用期内无限制的解雇权；法院要求即使在最初14天内，解雇也需要客观合理的理由，此后解雇受与正式员工类似严格标准的约束
English
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
官方文档
https://www.japaneselawtranslation.go.jp/en/laws/view/3885解决方案
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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.'
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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
无效尝试
常见但无效的做法:
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65% 失败
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
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80% 失败
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