Can contract workers be let go easily?

Hi all,

From what I have read, it's very difficult for full time employees to get fired in Japan. But I have found limited info on contract workers. I assume it is easy to let someone go at the end of a contract, but is it almost as easy to terminate a contract prematurely, like it is in the US?

Contract workers, with a fixed duration, in principle you cannot fire them until the end of the contract. I don�ft know how it is in the States, but here �gpremature�h termination of contract workers is not possible (unless there are extreme causes on the part of the workers).

Anything is possible if it is written into the contract.

Thanks guys. There is language in the contract that says it's not guaranteed, and it's vague enough that I guess it could include just about any situation. Although it would surprise me if nearly every contract doesn't have something like this. But they would have to give 30 days notice, which is already new to me, as in the US nearly everyone can be fired for any reason at any time, with no notice required.

There is a big difference between being a contract worker versus permanent employee. Things like notice periods (2 weeks, one month, longer) and cause for dismissal are usually covered. When you say "contract worker", that could be occasional/as required or fixed term. Even as a fixed term contract, there would be provisions for terminating the arrangement, while under an as required agreement, if they don't give you the work, you don't have much ability to do anything about it.
in the US nearly everyone can be fired for any reason at any time, with no notice required
The USA has some stone-age labour laws and hire/fire practices. It is very out of step with most civilized countries in that regard. Worker protections here in Japan (and many other countries) mean that simply would not and is not tolerated.

Yeah, I know there's a big difference between contract workers and regular employees in Japan. My main question is whether or not fixed term contract employees have a similar level of job security as regular employees for the duration of the contract . For example, the language for breaking the contract is fairly vague in mine, but it seems to indicate it's for layoffs. I'd imagine companies have decent leeway to lay people off if they can prove significant financial distress, regular employee or not. But do they typically have even more leeway to break fixed rate contracts?

short answer is yes, there's always a possibility that they can let you go even before your contract expires. You said it yourself already. If the company gets in financial trouble the first people to be let go are the temporary and contract workers. Outside of those circumstances is very rare. They will usually honor the contract and then let you go, unless you give them very strong reasons not do so (not delivering as agreed, getting involved in illegality, etc.)

While I agree with @JapanCustomTours, that US Labor laws are in the Dark Ages and very one sided towards businesses, you seem a little confused about what extremely limited protections US Labor Laws have. You can be laid-off for any non-protected reason as an hourly or salaried worker with no notice in most states. (Some states, I want to say oddly enough Montana and possibly CA) have some additional protections. However, contract work you can't be "laid-off" from unless there is a breach of contract. So if Facebook wants to hire you, they can send you an offer, and then reneg on the offer or just lay you off for any non-protected reason. However if Facebook signs a contract with you to provide donuts for breakfast every week, they can't just lay you off unless you are in breach of the contract or the contract expires, just like you need to keep making donuts for FaceBook unless they are in breach or the contract expires.

If you've previously been laid off in the US from a contract without being in breach of it, you need to seek a good plaintiff side Employment Lawyer. If you've just been laid off from a salaried position or had an offer rescinded then unless it falls under protected reason, like only employees 55+ got laid off... you have no protections, because the US is just Draconian like that, again unless your state has additional protections. Things can also vary if you are a member of a union in terms of protections. The City of New York can't just lay-off a teacher because they want to, because teachers in NYC have strong union protections.

Regarding the above poster, don't get me wrong, there are unions and other protected jobs like tenured teachers and some government workers. And you can also file wrongful termination suits, which probably fail 90% of the time or more, but can succeed in a variety of situations. Facebook reneging on an offer, after an employee put in notice at another job etc, could easily be a basis for a suit.

But in 90% of cases or more, in the US, I'd say you are SOL.

I am unsure why you seem to think I am painting some sort of rosy picture of US labor law. I specifically said US Labor Law is in the dark ages and draconian. Actual contract work in the US is more protected (like union work) than hourly or salaried work. An offer of employment with a yearly salary is not contract work, it makes you a salaried worker. Salaried workers are "at will" outside of Montana. Contract work involves an independent contractor. Contract workers are very protected as long as they are not in breach of contract for the term of the contract.

I'm not sure that your percentages are correct on labor law. I spent a few years working for an employment lawyer who did plaintiff side cases, so I know personally how despicable US employers can be. The majority of the cases we were paid on a contingency basis. We won most of our cases.

Didn't mean to say you are painting a rosy picture. We agree it's bad. If wrongful termination suits are that successful, that's awesome, it just sucks people have to go through that. Did employers end up paying lawyer fees too? Double awesome if so.

Either way, having that level of protection in Japan (even if you are paid less) has to be a pretty awesome feeling.

Wrongful termination suits for a protected reason can be successful. Employment law also handles cases where you were not wrongfully terminated but are still facing harassment at your workplace. We handled a lot of sexual harassment suits and yes, some of them were men harassing other men. And at least one of those cases involved a Japanese company where a male superior was sexually harassing a male subordinate.

Japan has stronger worker protections, but just be aware as someone there on a work visa your position is more precarious than someone who is Japanese or has PR. And some jobs that foreigners take can have pretty bad working conditions. I have a lot of friends who have worked in Japan over the years, some have stayed and some now have PR. Personally, I think Europe trumps Japan for worker protections. Even countries like the UK, which are considered "austere" by continental Europe will seem generous after the US and I think salaries are higher.