Voluntary quit job or getting fired...

Hello,

Due to a mistake I did a couple of weeks ago, my boss is asking me to leave the company, I can resign voluntary or I will get fired. Both with a 4 weeks notice.

What I am considering now is to leave voluntary instead of getting fired. A lawyer from the Tokyo Public Law Office advised me to negotiate with my boss. My contract will expire February 2017, so there are still two months salaries. The lawyer also mentioned I could try to get some extra money. Not sure what that could be. A third salary / compensation?

If I leave voluntary, can Hello Work deny me unemployment benefits? I mean I was pushed to leave. Or is it better getting fired and negotiate afterwards? Escalate this case to court?
Does anybody made this kind experience?

Or is it better getting fired and negotiate afterwards? Escalate this case to court?

If you want to get paid for your temporary unemployment, you should NOT LEAVE the job voluntary. Your company MUST FIRE YOU.

If you quit the job voluntarily and go to Hallo Work to ask for unemployment support, you will have to wait two or three months. If you are fired by the company, you can get the employment support next month after being fired.

Not sure what that could be. A third salary / compensation?
Unfortunately, I don't know of that but since a lawyer told you that information, then it must be true. However, paying the lawyer for two months not full salary may not make a lot of sense.

I was never fired but I have been informed by a Japanese person about what is mentioned above long time ago. I can be wrong.

If I were you, I would surely go to Hall-Work and ask them for guidance on how to behave in this situation!

You should note that once you are fired you will get to have a flaw in your career. Being fired is very rare in Japan.

Above unemployment ins. information is correct. As an HR manager I had to `let go` over 300 people and used `at company discretion` for `terminations for cause`, and `due to company downsizing` for economic reason terminations. You should negotiate the words that will be used, and ensure that they will be acceptable to HelloWork for you to obtain the insurance, if that is what you want/need.

I also frequently needed to add additional payouts in order to get the employee to accept the termination - from a coupls of months additional, all the way to a full year additional. (Large companies)

It is indeed rare for a firm to `terminate for cause` and I suspect that you did not cross that line, so should have some room to negotiate. Your lawyer could confirm.