You've decided to quit. Your next job is starting to come together. And yet you can't bring it up with your boss.
"I'll be causing trouble in a busy period." "What if they try to keep me?" "They might get angry." The reasons you can't say it usually look like feelings.
But half of that weight comes from not knowing the rules. The law is quite clear about resigning.
(This article is about the law in Japan, where I live. Rules in other countries are different.)
You don't need your employer's permission to resign
If your employment has no fixed term, as with regular full-time employees, Article 627 of Japan's Civil Code lets a worker give notice of resignation at any time. Then, two weeks after giving notice, the employment contract ends.
What matters is that this is "notice," not a "request." Even if the company doesn't agree, the contract ends once two weeks have passed.
Many companies' work rules say something like "give notice at least one month before resigning." It's generally thought that the Civil Code's two-week rule takes precedence. Still, considering handovers and relationships, giving notice in line with the work rules often makes for a smoother exit in the end.
If you're on a fixed-term contract, such as a contract employee, the rules are different. To leave partway through the term, you generally need "unavoidable reasons." However, if the contract is longer than one year, you can resign at any time once one year has passed from the first day of the contract (Article 137 of the Labor Standards Act, with exceptions for some professional roles). Check your contract first.
Deliver it as a "report," not a "consultation"
Part of what makes it hard to say is how you say it. Open with "I'm thinking about whether I should quit..." as if asking for advice, and you create room for negotiation, which tends to lead to them trying to keep you.
If you've decided, say it as a decision: "I'll be leaving as of [date]." The first person to tell is your direct manager. Telling HR or colleagues first tends to sour things with your boss.
"Thank you for your time. For personal reasons, I'd like to resign as of [date], and I wanted to let you know. I'll take responsibility for a proper handover."
You don't need to explain your reasons in detail. "Personal reasons" is enough. List your complaints, and they become material for "then we'll fix that, so stay."
If they try to keep you
Attempts to keep you come in a few types.
| Common pitch to stay | What to think about |
|---|---|
| "We'll raise your pay if you stay" | Was pay your only reason for leaving? Why didn't it go up until you said you were quitting? |
| "We'll be in trouble if you leave now" | Staffing is the company's responsibility. Respond by doing a careful handover |
| "It'll be the same wherever you go" | That's for you to judge. Put into words what you're moving to change |
| "Please wait until we find a replacement" | Don't make open-ended promises. Decide your last day first and tell them |
Being asked to stay is also proof that you're needed. That's not a bad thing in itself. But stay while still undecided, and the same problems will come back. If you sort out your reasons for leaving before you tell them, you'll waver less.
If you really can't say it: resignation agency services
If there's heavy pressure from your boss, or you've become unwell and can't go in, some people in Japan use a "resignation agency" (taishoku daikō), a service that tells the company on your behalf that you're quitting.
There are broadly three kinds, depending on who runs them, and what they're legally allowed to do differs.
| Run by | Communicate your resignation | Negotiate last day, paid leave, etc. | Represent you in court |
|---|---|---|---|
| Private company | Yes | No | No |
| Labor union | Yes | Yes (through the right to collective bargaining) | No |
| Lawyer | Yes | Yes | Yes |
Article 72 of Japan's Attorney Act prohibits non-lawyers from handling other people's legal affairs for a fee (unauthorized practice of law). So a private company can only "communicate" your resignation; it can't claim unpaid overtime or negotiate your paid leave.
If all you need is for the message to be delivered, a private company or labor union may be enough; if you expect money disputes or a fight with the company, a lawyer. Choosing based on your situation matters.
Today's exercise
- Check the notice period in your employment contract and work rules
- Decide your last day, and work back to when you'll tell them
- Actually write down the sentence you'll say
You can't say it not because you're weak, but because you've worked conscientiously.
Once you know the rules, resigning stops being "getting permission" and becomes "making your own decision."
References
Civil Code (Japan, Act No. 89 of 1896), Articles 627 and 628
Attorney Act (Japan, Act No. 205 of 1949), Article 72
Money Forward Cloud Contract. "What is Article 627 of the Civil Code?" (in Japanese). https://biz.moneyforward.com/contract/basic/20099/
LegalOn Technologies. "What are resignation agency services?" (in Japanese). https://www.legalontech.com/jp/media/resignation-agency
Bengo4.com News (resignation agencies and unauthorized practice of law) (in Japanese). https://www.bengo4.com/c_5/n_20376/