We have broad experience and knowhow in labor and employment dispute resolution such as litigation, provisional disposition, labor tribunal, and remedies for unfair labor practices. We are also strong proponents of alternative dispute resolution mechanisms and are aware that litigation, etc. is not always the best solution for labor and employment disputes. We therefore not only assist our clients in dispute resolution but also proactively advise clients on how to resolve disputes in an amicable and cost efficient manner. We have also advised clients on how to implement effective day-to-day personnel management systems and appropriate personnel strategies, so as to avoid disputes as far as possible.

In recent years, companies have faced collective bargaining pressure from both corporate labor unions and external labor unions with members who are employees of the companies. Our firm supports our clients not only by participating in the collective bargaining process with unions, but also by providing advice on how to avoid unfair labor practices. If the relationship between our client companies and the relevant unions is no longer amicable, we are able to advise on appropriate countermeasures. We are also able to represent our clients in proceedings before prefectural or metropolitan labor relations commission, or in litigation.

Our lawyers are familiar with the latest labor and employment related laws, as well as the operational practices of labor and employment administrators and regulators. We thus assist our clients in dealing with regulatory inspection, guidance, recommendations, and prosecution. Based on our extensive experience in dealing with labor and employment administrators, we are also able to give practical advice on how to deal with administrators, how to establish a compliance system, and how to plan and implement corrective measures that may be required by the administrators.

Regrettably, workplace harassment (including sexual harassment, power harassment, and harassment related to parenting or caregiving) remains a deeply entrenched issue in our society. Companies must comply with legal obligations by maintaining appropriate mechanisms to address harassment, such as implementing a harassment prevention policy, familiarizing employees with the consultation process, and taking prompt action against suspected harassment. Both the wrongdoer as well as the company may be held liable for harassment issues. The company’s reputation and general working environment could also be severely compromised. With the whistleblowing system becoming more prevalent, the number of reports of other workplace misconduct has been increasing over the years. Our firm provides advice and support on all aspects of issues related to harassment and other misconducts, including conducting investigations, certifying and analyzing the facts from a legal perspective, and reviewing personnel policies. We also provide comprehensive guidance on managing whistleblowing matters and host seminars for our clients to study and actively prevent harassment in the workplace.

Regardless of the economic environment, dismissal will always be an important issue for employers. In Japan, the dismissal of employees is strictly regulated under Japan’s labor and employment laws, and dismissal, if handled wrongly, could result in significant legal liability. Our firm provides support for clients on all issues involving the severance/dismissal of employees including dismissal on disciplinary grounds, dismissal due to incompetence, dismissal due to corporate restructuring, or consensual early termination. Our firm is able to assist at all stages, including the initial planning for severance, conducting of investigations, communicating the situation to the target employees, negotiating the severance package, taking the necessary procedures for unilateral dismissal, preparing the necessary ancillary documents such as letters to the target employees, and the drafting of termination-related agreements.

Our firm regularly conducts due diligence and legal analysis of labor and employment issues that may arise in the course of corporate restructuring procedures such as mergers, acquisitions, business transfers, or corporate splits. We are also able to tap on our extensive experience to advise clients on matters such as workforce reduction, and the changing of working conditions after corporate restructuring.

All businesses have unique systems and processes for the payment and calculation of salary, bonuses, and retirement allowances, etc. Our firm carefully studies the actual practices and needs of our clients and thereafter gives practical advice to allow the client to adopt, implement, amend and abolish the relevant salary-related systems. Also, the laws in Japan concerning retirement pension systems are extremely complex, and being able to access professional knowledge and experience on the issue is a must. Our team has a long practice in this area, and is able to provide appropriate advice to both domestic and international clients on retirement pension systems.

The sick leave, mental health issues, and even employee suicide are unfortunate issues which a business in Japan must be prepared for. In this regard, it is important for employers to proactively look out for and address the mental-health needs of its employees. As mental illness can be challenging to detect, appropriate measures will have to be adopted by employers, such as monitoring employees who have taken long periods of sick leave. Our firm has previously advised both domestic and international clients on how to handle such matters, taking into account the individual requirements of the client as well as (where applicable) the affected employee. Our firm also works with our clients to implement feasible and suitable measures to ensure a healthy working environment.

The relationship between companies and their executives in Japan is primarily governed by the Companies Act. Matters can, however, be more complex in the case of directors of a Japanese subsidiary of a foreign company. Such persons may also be considered as employees of the foreign parent company or its Japanese subsidiary. With our deep knowledge and experience, our team is well placed to help businesses navigate such matters.

As the government endeavors to stabilize the employment and improve the treatment of non-regular employees such as fixed-term employees, part-time employees, and dispatched employees, it has become increasingly important to act in accordance with latest laws and recent court rulings. In addition, new laws have been established to ensure fair treatment of self-employed workers, such as freelancers and gig workers. Our firm has developed extensive knowledge of the laws, regulations and commercial practices in the fields of non-regular employment, outsourcing, and freelancing. We also continuously keep abreast of and provide practical advice on the legislation, amendment, and abolishment of relevant laws and regulations as well as court rulings that may affect our clients’ human capital strategy. In addition, we regularly provide clients in Japan and abroad with advice on temporary staffing (worker dispatch) and employment placement.

We have assisted clients with drafting and reviewing work rules and rules concerning personnel, employment contracts, and other personnel-related documents. We also provide advice on the common practical issues which arise in such documents.

We provide advice and support in social insurance and labor insurance matters, areas which previously fell within the domain of qualified labor and social security attorneys (shakai hoken roumu shi). Issues that are frequently encountered include questions on the application of Japan’s social insurance and labor insurance systems to international companies and foreign persons. Our lawyers are familiar with the international treaties concerning social security and are able to provide professional advice on the matter.

All foreign persons are required to obtain the appropriate visa and immigration status in order to work in Japan. Therefore, when a company wishes to hire a foreign person to work in Japan, it is vital to the company that this person is able to smoothly apply for and obtain the necessary visa and immigration status. Our qualified immigration specialists (gyosei shoshi) regularly prepare visa application documents and file such documents with the Immigration Bureau to enable foreign persons to enter and reside in Japan. We also provide advice and support on various issues concerning the Immigration Control Act. As the relevant laws are frequently amended and many cases are determined at the discretion of the Immigration Bureau, we have assisted our clients in seeking the most effective solution for difficult matters, for example by holding preliminary consultation with the Ministry of Justice or the Immigration Bureau.

In our years of experience, good personnel and employment management is of equal importance as being compliant with labor and employment related laws and regulations. In this regard, we advise clients not only on issues of compliance. Instead, our team provides a holistic assessment of our clients’ business activities, both highlighting the legal and regulatory issues, and also recognizing the importance of good personnel and employment management. As labor and employment related laws and regulations are frequently amended and the contents of those laws and regulations are becoming more complex, we provide advice and support to our clients to enable continuous compliance, while still preserving the company’s corporate style and identity.