Labor/ Employment
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Labor/ Employment

Our representative attorney at law, Yasuhiro Fujii, has expertise in employment and labor law and provides high quality legal services backed by a high standard of professional knowledge and broad experience. Yasuhiro acquires and retains front-line knowledge of employment and labor law and the latest court precedents, not only from publicly available information, but also through activities as a member of Tokyo Bar Association, Labor Law Special Committee, including study sessions among committee members and closed sessions with judges. Therefore, Yasuhiro’s advice always reflects the latest developments in legal amendments, administrative notifications, judicial precedents, academic theory, and industry trends. Further, Yasuhiro is bilingual in Japanese and English and experienced in providing professional advice to foreign clients and individuals in English for more than 15 years. He prepares written advice and opinion in English, draft contracts, work rules, policies, and other employment related documents in English, and provide translation services. For Yasuhiro’s citation, please refer to his professional summary.

Corporate Clients

We advise both local and foreign clients in Japan on all labor and employment issues ranging from recruitment and hiring, discipline and performance management, to retirement and termination. We have been providing service to various types of clients from global companies to sole proprietorships in various industries, including banking and finance, manufacturing and distribution, knowledge and education, and computer and telecommunication. We have also experienced in providing service to embassies.

We assist clients with human resources management and employment issues based on our in-depth knowledge of legal issues and wealth of practical experience. We do not provide a black-and-white type of advice, rather do provide more practical and commercial advice that reflects the unique situation of each and every client. We advise on, among others, employment contracts, work rules, wage system and work hours management system. Among other things, we appropriate guide clients in handling overtime payment issues which are very uniquely regulated under Japanese law. We also suggest risks and solutions in hiring, contract workers, temporary staff and individual contractors, which are strictly regulated under Japanese law. We may prepare a bilingual form of contracts, work rules, policies, and other employment related documents.

We assist clients in handling a poor performer, problem employee and sick employee. We may advise on implementation of a performance improvement plan, disciplinary action and leave of absence for sickness/injury. Also, we may advise on handling of harassment claim and on termination of an employee, to avoid a legal action such as litigation and labor collective bargaining.

We provide practical advice on redundancy or restructuring, transfer of business, corporate spin off, and even liquidation. We assist clients in planning and implementing an early retirement program with suggesting some strategic approach such as combination of an early retirement program and reduction in pay, reassignment, secondment arrangement and/or any other alternative method, and advise them on process for dismissal of employees, if it is unavoidable. We also provide practical advice on employment management in merger and acquisition. From the initial planning stage, we carefully consider what labor issues may arise so that our clients are aware of unexpected problems in advance. We design employment transfer schemes that minimize the risk of labor disputes, and integrate labor conditions, along with advice on communications and other measures which are often overlooked following a restructuring. We provide services for the post-restructuring phase which includes harmonization of labor conditions, personnel redeployment, and the more complex headcount streamlining process.

We also represents companies in dispute settlement, negotiation, litigation, labor tribunal and collective bargaining regarding dismissal, non-competition, demotion, reduction in pay, overtime payment etc. We also represents and advisescompanies in dealing with regulatory offices such as the Labor Standards Inspection Office and the Labor Bureau regarding non-compliance with Labor Standards Act, Worker Dispatch Act etc.

Individual Clients

We help employees who suffer dismissal, reduction in pay, demotion, non-payment of overtime, harassment, etc. Among other things, we may help foreign individuals who have concern about communication and negotiation in Japanese. Unfortunately, in Japan, most employment lawyers who speak English would belong to international law firms and represent only employers, and foreign employees would likely be forced to engage a lawyer who speaks English but is not specialized in employment and labor law. We may provide professional employment advice to foreign individuals working in Japan, and represent them in dispute settlement, negotiation, litigation and labor tribunal. If needed, we may assist them in joining a labor union and initiate a collective bargaining against their employer, where we assist them in communicating with union representatives.