An employment relationship is governed by many norms, including the employment contract, the work rules (if any), the collective agreement (if any) and the employment law. In addition, well-established court precedents significantly play roles to interpret the law. For instance, Article 16 of the Labour Contacts Act says:
‘If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is treated as an abuse of rights and is invalid’.
This wording sounds as if the law would invalidate a dismissal only in limited circumstances. In practice, however, most dismissals are decided to be invalid at the court in Japan. You cannot read the employment law without well-established court precedents. Therefore, it is advisable to seek professional advice before you take action.
We advise individuals (i.e. employees) and businesses (i.e. employers) on various employment dispute cases. In particular, we cover the following areas.
- Unfair dismissal
- Unpaid overtime claims
- Bonus disputes
- Accident at work claims
We offer special fee arrangements for employment disputes for which a labour tribunal is available. For more detail, please see the fee for employment disputes.
For any queries, please complete our online form or contact us on +81 (0)92 287 4640.