【summary】
The ``30 days'' notice period is the period of notice that is required for a company to dismiss an employee. The key to calculation is to not count the day of notification, but to count from the next day (the first day is not counted). Calculations are also made using calendar days, including Saturdays, Sundays, and holidays. If the termination period is less than 30 days, the company must pay notice allowance for the number of days shortened.
Easy-to-understand explanation of how to count 30 days of notice of dismissal
What is a notice of dismissal?
When a company fires an employee, the Labor Standards Act generally states that
- 30 days' notice of dismissal
- or pay at least 30 days' worth of average wages
That is what is required.
This is a system to protect employees from sudden loss of income.
Basic rules for counting 30 days
In calculating the notice period for dismissal,
The day of notice will not be counted.
In legal terms, this is called "first-day non-inclusion."
image
| Date | Treatment |
|---|---|
| May 1st (notice date) | Not counted |
| May 2nd | Day 1 |
| May 3rd | 2nd day |
| ... | ... |
| May 31 | 30th day |
In other words, if notice of termination is given on May 1st, the earliest termination date will be June 1st.
What happens on weekends and holidays?
This is a common misconception, but
Saturdays, Sundays, and holidays are also included in the count.
The termination notice period is calculated in "calendar days" rather than business days.
example
- May 1st notice
- Golden week included
However, holidays during that period will not be excluded.
Actual calculation example
Case 1
#### If you want to be fired on June 30th
Think backwards.
| Date | Contents |
|---|---|
| June 30th | Dismissal date |
| May 31st | 30 days ago |
therefore,
Notice by May 31st
It becomes.
Case 2
#### If you want to be fired on July 15th
| Date | Contents |
|---|---|
| July 15 | Dismissal date |
| June 15 | 30 days ago |
in this case,
Notice by June 15th
That will satisfy the 30 days.
What if 30 days is not enough?
for example,
- Dismissal date: June 30th
- Notice date: June 20th
in the case of,
The notice period is only 10 days.
Regarding the shortfall of 20 days, the company will
Dismissal notice allowance
must be paid.
What is dismissal notice allowance?
This is the amount you pay if the company does not give you 30 days' notice.
The calculation formula is as follows.
平均賃金 × 不足日数example
average wage
- 10,000 yen per day
Number of days missing
*20 days
in the case of
10,000円 × 20日
＝200,000円The company will need to pay 200,000 yen.
Common Misconceptions
Misconception ① Calculate using business days
× Business days
〇 Calendar day
Misconception ② The notice day is counted as the 1st day.
× Include notice date
〇 Count from the next day
Misconception ③ If you receive dismissal notice allowance, you can be fired at will.
Termination notice pay is a procedural requirement.
in fact,
- Reasonableness of the reason for dismissal
- Appropriateness based on conventional wisdom
is also required.
Therefore, payment of benefits does not necessarily mean a valid dismissal.
summary
- In principle, notice of dismissal is given at least 30 days in advance.
- The day of notice is not counted (the first day is not counted)
- Calculate from the next day as the 1st day
- Calendar days are counted, including Saturdays, Sundays, and holidays.
- If 30 days are not enough, dismissal notice allowance for the number of days missing will be required.
- Even if dismissal notice allowance is paid, the validity of dismissal is another matter.
If you are confused about calculating the notice of dismissal, it will be easier to make the decision by remembering two rules: ``30 days before the date of dismissal'' and ``The day of notice is not counted.''