A resignation-agency has contacted us: the company's practical response and separation procedures

In short: Even if a resignation agency contacts you, you may accept the notice of resignation itself. An indefinite-term employment ends two weeks after the worker gives notice of termination (Civil Code Article 627(1)). But if the agency goes as far as "negotiating resignation terms," it may fall foul of Attorney Act Article 72, so check the agency's type (private, labour union, attorney). Pay wages directly to the worker (Labour Standards Act Article 24), return money and goods within seven days of a demand (Article 23), and note that loss-of-status and separation-slip procedures have deadlines. Individual responses are handled by a qualified professional.

One morning, a resignation comes in not from the employee but from a third party calling itself a "resignation agency service" — this is no longer rare among small and medium companies. For owners and HR staff who are unsure — "can they quit without our ever speaking to them?", "what happens to annual leave and company property?" — this article sets out how the company should handle acceptance, annual leave, recovery of company property, and separation procedures, following the Civil Code, the Labour Standards Act, and the Attorney Act.

Can we simply accept a resignation-agency's notice?

You may accept the notice of resignation itself. Resignation is the worker's right, and the company's consent is not a requirement.

Under an indefinite-term employment contract, Article 627(1) of the Civil Code lets the worker give notice of termination at any time, and the contract ends two weeks after the notice. Even if the work rules say "give notice one month in advance," the company's rules are understood not to be able to extend this two-week effect. Note that Article 627(2)–(3), on notice where remuneration is set by period such as monthly pay, was amended by the Civil Code reform effective 1 April 2020 (Reiwa 2) so that it applies only to termination by the employer. So resignation by the worker suffices at two weeks regardless of how wages are set. (Fixed-term employment is different: in principle a party cannot unilaterally terminate mid-term, and an unavoidable reason is required — Civil Code Article 628.) For how this differs from dismissal by the company, and whether to consult a Shakai Hoken Roumushi or an attorney, see also whether to ask a Shakai Hoken Roumushi or an attorney about dismissal.

Must we not deal with the worker directly? (What changes with the agency's type?)

Even if told "do not contact the worker," the company is not forbidden from making administrative contact with the worker. But what the agency can do changes greatly by its type.

Type of agency	What it can do	Basis / caution
Private resignation agency	Only conveying the intent to resign (as a messenger)	If it negotiates resignation terms (leave, resignation date, money) for a fee, it may fall foul of Attorney Act Article 72 (non-lawyer legal work)
Labour union (a general union, etc.)	Negotiation as collective bargaining	Collective bargaining under Constitution Article 28 and the Labour Union Act; the company cannot refuse without a legitimate reason
Attorney	Representation in negotiation, claims, and litigation	Representation in legal work is its proper business

In other words, if the counterpart is a private agency, it may not be a party you should negotiate with over the number of leave days, the resignation date, or unpaid wages. The company's basic approach is to confirm that the intent to resign is the worker's own (whether there is a power of attorney or resignation letter signed by the worker) and to note that administrative contact can also be made to the worker. Where negotiation or a claim over resignation terms is needed, that is the domain of an attorney; take care not to proceed with terms negotiation with an agency suspected of non-lawyer practice.

How do we handle annual leave, absence, and wages up to the resignation date?

A request to take the remaining annual paid leave in a block by the resignation date will, in principle, have to be granted.

Annual leave is, in principle, given at the time the worker requests, and the company's right to change the time presupposes "giving it at another time." Since there is no other time once the worker resigns, there is no room to move it beyond the resignation date, and in effect it cannot be refused. "Buying out" unused leave is not a legal obligation, but voluntarily buying out only the unused portion at resignation is not in itself unlawful. If the worker reaches the resignation date treated as absent without using leave, no wage arises for that portion. For the overall picture of granting leave and the five-day obligation, see what to do when the five-day annual-leave obligation cannot be met.

Item	Handling
Taking annual leave in a block up to the resignation date	No room to change the time; in principle cannot be refused
Buying out unused annual leave	Not an obligation, but a voluntary buy-out at resignation is not unlawful
Resigning as absent without taking leave	No wage arises for those days
Payment of the final wage	Pay it on the usual wage payment day (within seven days if there is a demand under Article 23)

How far can we require return of company property and handover?

Company-lent items such as PCs, uniforms, ID cards, and keys are company property, so their return can be required. On the other hand, you cannot offset them against wages or legally compel a handover.

Article 24 of the Labour Standards Act requires full and direct payment of wages, so you cannot unilaterally deduct from wages on the ground of unreturned items or damage (wages are paid directly to the worker and are not paid to the agency). Handover is within the freedom to resign; even if set in the work rules, damages are not automatically recognized merely because a handover was not done. For return of lent items, it is prudent to guide a realistic method such as mailing carriage-forward and to make the return demand separately.

By when must we file loss of insured status and the separation slip?

Separate from accepting the resignation, the company is left with deadline-bound procedures. Even if the worker is hard to reach, proceed with them as the company's duty.

Procedure	Filed with	Deadline
Health-insurance and employees'-pension notice of loss of insured status	Pension office (Japan Pension Service)	Within 5 days of the day after the resignation date
Employment-insurance notice of loss of insured status and separation certificate	Hello Work	Within 10 days counted from the day after the loss-of-status date (the day after the resignation date)
Issuing the separation slip	Company → worker	Issue it if the worker wants the separation slip (issued in principle; needed on the worker's demand even if a new job is arranged)
Withholding slip / retirement-income procedure	Company → worker / tax	Confirm the tax treatment with a tax accountant

Because the separation-reason field of the separation certificate affects unemployment benefits, fill it in based on the facts. Even where the worker is hard to reach, these filings are the company's duty and must be done within the deadlines. Confirm the concrete need and how to fill in the forms with the Hello Work and pension office with jurisdiction and the latest primary sources.

Frequently asked questions

Q. The resignation agency said "do not contact the worker." Is it unlawful not to comply?
A. It is not itself unlawful for the company to make administrative contact with the worker. But you do need to confirm that the intent to resign is the worker's own. If the counterpart is a private agency, it may not be a party to negotiate resignation terms with, and if terms negotiation is needed, that is the domain of an attorney. Avoid harassing contact and keep it to the administrative scope.

Q. They said "I won't come in from tomorrow." Can we make them come for two weeks?
A. Under indefinite-term employment, the contract ends two weeks after the notice of termination (Civil Code Article 627(1)). You cannot compel attendance, but it is arranged by applying the remaining annual leave or treating it as absence. No wage arises for the absent portion.

Q. They won't return company property, so may we deduct it from the final pay?
A. No. Under the full and direct payment of wages in Labour Standards Act Article 24, you cannot unilaterally deduct from wages on the ground of unreturned items or damage. Pay wages directly to the worker and demand return of the property separately.

Q. Must we file the separation slip and loss of insured status even if we cannot reach the worker?
A. Yes. The health-insurance and employees'-pension loss-of-status notice is due within five days of the day after the resignation date, and the employment-insurance loss-of-status notice and separation certificate within ten days. Even if the worker is hard to reach, complete the procedures within the deadlines as the company's duty.

この記事の根拠

• Civil Code, Article 627 (notice of termination of indefinite-term employment). Paragraph 1 provides that either party may give notice of termination at any time, and the employment ends two weeks after the notice. Paragraphs 2–3, on notice where remuneration is set by period, were amended by the Civil Code (law of obligations) reform effective 1 April 2020 (Reiwa 2) so that they apply only to termination by the employer (e-Gov Law Search, Civil Code, Act No. 89 of 1896; accessed 4 September 2026).
• Attorney Act, Article 72 (prohibition on non-lawyers handling legal work). It prohibits a person who is not an attorney from engaging, for the purpose of obtaining a fee, in representation, negotiation, or other legal work in relation to legal cases. Because negotiating resignation terms can amount to legal work, a private resignation agency that goes as far as negotiation may fall foul of the Article (e-Gov Law Search, Attorney Act, Act No. 205 of 1949; accessed 4 September 2026).
• Labour Standards Act, Article 23 (return of money and goods). On a worker's resignation, if the rightful person demands, the employer must within seven days pay wages and return money and goods belonging to the worker (e-Gov Law Search, Labour Standards Act, Act No. 49 of 1947; accessed 4 September 2026).
• Labour Standards Act, Article 24 (payment of wages). Wages must be paid in currency, directly to the worker, in full. You cannot unilaterally deduct from wages on the ground of unreturned items or damage (e-Gov Law Search, Labour Standards Act, Act No. 49 of 1947; accessed 4 September 2026).
• Deadlines for loss-of-status notices. The health-insurance and employees'-pension loss-of-status notice is due within five days of the day after the resignation date (Japan Pension Service); the employment-insurance loss-of-status notice and separation certificate are due within ten days counted from the day after the loss-of-status date (Hello Work) (Japan Pension Service; Ministry of Health, Labour and Welfare; accessed 4 September 2026).
• Handling differs by case, for example that mid-term termination of fixed-term employment requires an unavoidable reason (Civil Code Article 628). Confirm the need for individual filings, how to fill them in, and where to file against the latest primary sources (e-Gov Law Search, the Ministry of Health, Labour and Welfare, the Japan Pension Service, Hello Work, etc.) and individual circumstances.

This article does not decide whom to consult. Loss of social-insurance and employment-insurance status on resignation and preparing the separation slip are the work of a Shakai Hoken Roumushi. Negotiating and claiming resignation terms and damages are the domain of an attorney, and tax treatment is the domain of a tax accountant. For fees when consulting 四葉社会保険労務士事務所, see the fee schedule; for frequently asked questions, see the FAQ.

This article is general information. Negotiating and claiming resignation terms are the domain of an attorney and are not done by this office. Whether an individual procedure is appropriate is handled by a qualified professional after a consultation, in light of the latest primary sources (e-Gov Law Search, the Ministry of Health, Labour and Welfare, the Japan Pension Service, etc.) and individual circumstances. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).