Labor & Employment Law

Due to recent changes in the labor market, the current economic climate and the introduction of a Labor Tribunal system (rodo-shimpan), there has been a substantial increase in labor-related disputes in Japan. We mainly represent the management side in disputes but we fully understand both sides’ desires to avoid litigation, and so we do our utmost to promote cost-effective alternatives, such as negotiation and mediation.

Well-drafted internal rules of employment (shugyo-kisoku), employment contracts, and properly registered labor-management agreements (roshikyotei) are critical for minimizing disputes with employees and effectively resolving employment issues. We provides clients with practical advice and assistance to develop rules that are consistent with both rapidly evolving Japanese law and each client’s unique business and operational circumstances; and we actively conduct compliance training for personnel, in accordance with each individual company’s needs.

We occasionally assist corporate clients accused of violating labor and employment-related laws. Non-compliance with such laws can result in potential criminal penalties as well as significant ancillary damage, both to a company’s reputation and to its bottom line. Our advice to clients is always focused on timeliness and practicality, to minimize every angle of potential impact.

We want to be there to prepare your human resources management to efficiently deal with the big challenges, through day by day advice on the minor ones. We frequently assists clients with the human resource management challenges that arise in daily operations, such as downsizing a labor force, or an introduction of employee pension or stock option compensation plans.
And our experience extends beyond domestic companies to encompass both Japanese and non-Japanese affiliated operations working with Japanese personnel and labor-related laws and practices.

We often assists clients facing M&A’s and restructuring. We conduct due diligence on related labor and employment issues, and we assist clients in achieving a smooth transition by recommending the most appropriate procedures and steps.

An employment dispute often prompts employees to seek help from their labor union, (or join one if they were not already union members). Employees may use an outside union if no company union exists, and that union may act on the employee’s behalf to request that the company enter into dispute negotiations.
Individual Japanese unions each have their own reputation and character. We can advise clients on successfully interacting with the unions, and how to peaceably resolve their claims. And in delicate cases, we can draw upon our litigation experience to resolve any especially challenging issue.