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退職証明書 Leaving Letter/Retirement Letter/Resignation Letter

jack6251

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Hello :)

I've lived in Japan for about 4 years now and I've just been requested to provide this certificate. I start a new job next week and as with the occasional foreigner, I had no idea such a certificate existed having never been asked to provide one before and I've never stumbled upon needing to somehow. My last job ended in December 2019 and I've just moved to a new prefecture ready to start my new job next week. I can't call around to my last employer either as they're too far away.

My question is, it seems by law my last employer must provide this certificate upon the request of a former employee (me). My former employer just isn't returning my emails for whatever reason and seems to not be interested in sending me this certificate (it's been a few days now). My new employer has asked for it, but how do I produce it if my previous employer has given me the cold shoulder and "vanished"?

How will not producing one to my new employer affect my stability there?

Any advice would be greatly appreciated as it's difficult to find anything useful online elsewhere.

Jack
 

bentenmusume

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My new employer has asked for it, but how do I produce it if my previous employer has given me the cold shoulder and "vanished"?
A 退職証明書 is, by definition, a document provided by that employer, so they're the only ones who can produce it for you. There's really nothing to do but continue to try to get in touch with them. If your emails aren't getting through, would it be possible to call them instead?

In the meantime, I'd say it's simply best if you just explain the situation: that you're trying to get in touch with your previous employer to get the documentation but they haven't responded to your inquiry yet.

How will not producing one to my new employer affect my stability there?
There's no universal rule about needing a 退職証明書 to start a new job. Your new employer may have any of various reasons for wanting to see it, but it's impossible to say for sure how they will interpret it if you're not able to provide the documentation.

Did you leave your previous job under contentious circumstances?
 

jack6251

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Thanks for replying.

It's possible my new employer didn't quite accept my reasons for leaving. I'm an English teacher and the fact is, my previous employer and I agreed to part company at Christmas. We mutually agreed this in a restaurant actually weeks before December and it was my suggestion due to far too many professional differences. We never argued, I was never disciplined or fired, but we just kinda agreed to go our sperate ways and bring the contract to an end at Christmas last year. My explanation to my new employer was that my previous school wanted to bring in new employees for 2020 and that my contracted ended at Christmas...but I didn't mention the restaurant agreement to end at Christmas to my new employer.

I understand that in many cases a new employer requests these certificates as an official "you don't work there anymore" document is all.

Without being able to mind read or see in the future, it's difficult for anyone to give advice on how my new employer will react to my old one delaying this certificate. My question is one of stability and legality within Japanese Labor Law criteria.
 

Majestic

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There is also the requirement for your new employer to calculate and deduct withholding tax, and they need to get certain information from your previous employer. They may want an official cut-off document and date so that they can make the correct calculations. (They may be able to reconstruct your withholding requirements based on your old pay slips, but their first step would be to try to get official documents so that there is no ambiguity, no room for error).
 

jack6251

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There is also the requirement for your new employer to calculate and deduct withholding tax, and they need to get certain information from your previous employer. They may want an official cut-off document and date so that they can make the correct calculations. (They may be able to reconstruct your withholding requirements based on your old pay slips, but their first step would be to try to get official documents so that there is no ambiguity, no room for error).
I see thank you but the Gensen Choshu Hyo withholding Tax period is it the end of the year isn't it?
 

Majestic

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I don't know how your employer withheld tax (income and inhabitants tax), but most company employees get income tax withheld every month based on estimated income. Any adjustments that need to be made are made at year end. Inhabitant's tax is usually withheld every month, for 12 months, beginning from June and ending in May, based on previous year's income. This is different from national income tax. Your new employer will want to know how much you made at your previous employer, so that your new employer can deduct the right amount for inhabitant's tax every month. Same goes for social insurance. Normally this is all very business-like, and your previous employer will have no problems informing your new employer of the amounts paid and deducted every month. Even in an acrimonious split, it does your old employer no good to withhold this information from your new employer.
 

jack6251

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I don't know how your employer withheld tax (income and inhabitants tax), but most company employees get income tax withheld every month based on estimated income. Any adjustments that need to be made are made at year end. Inhabitant's tax is usually withheld every month, for 12 months, beginning from June and ending in May, based on previous year's income. This is different from national income tax. Your new employer will want to know how much you made at your previous employer, so that your new employer can deduct the right amount for inhabitant's tax every month. Same goes for social insurance. Normally this is all very business-like, and your previous employer will have no problems informing your new employer of the amounts paid and deducted every month. Even in an acrimonious split, it does your old employer no good to withhold this information from your new employer.
Thanks again, but what can I do if my previous employer continues to ignore my requests?

What are my new employers options if this is an ongoing situation?

Thanks
 

Majestic

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As I mentioned above, your new employer can reconstruct some of your tax withholding if you have old pay slips. Not having this document is usually more of a pain for you than it is for your new employer.
Its slightly weird that your old employer won't give you one, so it may make the circumstances of your resignation look suspicious.
 

jack6251

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Absolutely! One thing about my previous employer. Once a teacher left, she didn't want anyone talking about that teacher again. When I arrived at her school I asked about the teacher before me. I wanted to know a few details and get a bigger picture about the classes so asked the receptionist about the previous teacher. When my employer found out I knew the previous teachers name, she almost blew a fuse demanding how I possibly knew what the outgoing teachers name is. I apologised saying often an incoming teacher can be curious about who they're replacing and would like to maintain an little continuity for the students and not change absolutely everything in the first week or two. I was told never to talk about that teacher again nor ask about any others she'd employed.

Basically once someone's out of her circle, they're out, for good and I know the other teachers left under better terms than I did so the bizarre element of all this falls to her. She actually stopped replying to my emails back in October and one day told me "Just because I don't reply doesn't mean I haven't read them so don't worry.". At this time I dug deeper with online reviews about her and her school which I absolutely should have done before setting foot in the place. I found a handful about her on glassdoor.com with really, really negative scores as low as possible, scathing advice not to go to her school and to avoid at all costs for a whole list of reasons. She has two school branches and I never got to know who the other teacher or teachers were either. We were never introduced and when I asked the receptionist who they were, I was told "I can't tell you". Bizarre!

So this is why I'm having such a tough time now. She's ready for the crazy asylum!
 

jack6251

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My understanding with this form is that it's a legal requirement for the former employer to provide the employee with the document upon request so I don't know why she's avoiding this.
 

Majestic

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Yes, its a legal requirement under Section 22 of the Labor Standards law

第二十二条 労働者が、退職の場合において、使用期間、業務の種類、その事業における地位、賃金又は退職の事由(退職の事由が解雇の場合にあつては、その理由を含む。)について証明書を請求した場合においては、使用者は、遅滞なくこれを交付しなければならない。

○2 労働者が、第二十条第一項の解雇の予告がされた日から退職の日までの間において、当該解雇の理由について証明書を請求した場合においては、使用者は、遅滞なくこれを交付しなければならない。ただし、解雇の予告がされた日以後に労働者が当該解雇以外の事由により退職した場合においては、使用者は、当該退職の日以後、これを交付することを要しない。

○3 前二項の証明書には、労働者の請求しない事項を記入してはならない。

○4 使用者は、あらかじめ第三者と謀り、労働者の就業を妨げることを目的として、労働者の国籍、信条、社会的身分若しくは労働組合運動に関する通信をし、又は第一項及び第二項の証明書に秘密の記号を記入してはならない。
 

jack6251

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Thank you. I think I read this myself 2 days ago actually but yes, thanks.
 

Glenski

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If memory serves, a company is required to provide that when asked. Keep trying (I don't know how a place can be "too far" for communications), and perhaps ask immigration if they will do it for you. It's essentially out of your hands.
 

jack6251

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Well, I meant I can't call around to visit them so easily because I live in Tochigi Prefecture and my job was in Gifu prefecture. That's over 30,000 yen in Shinkansen tickets to get there and back, or 12 hours by hopping from local train to local train just to go one way or 12 hours by motorcycle one way...I know, I've done all three of those. I just meant I can't easily appear out of the blue at my previous school and "demand" it which I would have done had they been near enough.
 

jack6251

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Update:

My old employer has since emailed my requested document:
退職証明書

My new employer said she wants it for visa reasons but my visa isn't up for renewal until 2022 so, I can't help but wonder if this is really why she wants it, however she said " We may as well renew now".

So I have to ask, how usual/regular a thing is it for an employer in Japan to push to renew a full working visa two years in advance as in my case.

Thank you.
 

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