Minato Labour Law Office

/ A: Labor-related litigation requires specialized legal expertise and is handled by dedicated divisions within the Tokyo District Court, specifically the 11th, 19th, 33rd, and 36th divisions. Similarly, other areas handled by specialized divisions are such as intellectual property, administrative law, and construction matters.

/ A: The details of your consultation will not be shared with any third party, as attorneys are bound by a legal duty of confidentiality and are prohibited from disclosing any information obtained in the course of their professional duties.

/ A: It is highly encouraged. The sooner you seek our consultation, the greater the likelihood of taking the appropriate legal actions. Our attorney can also negotiate the terms and conditions of the package.

/ A: A legal consultation on its own is perfectly acceptable.

/ A: If severance package is showed and dismissal is not yet handed down, the primary approach would be to seek a resolution through negotiation.

/ A: Article 16 of Japanese Labor Contracts Act restricts dismissals and states that a dismissal without objectively reasonable grounds and not considered to be appropriate in general societal terms is invalid.

/ A: .Dismissals in foreign companies, executed in accordance with headquarters' orders, do not always comply with Japanese Labor Law. Practically, many cases have ruled that the dismissals were deemed invalid.

/ A: Although it depends on the case, for example, in the case of dismissal for poor performance, the reason for hiring and the degree of poor performance, etc., and in the case of dismissal for liquidation, the necessity of personnel reduction and the existence of reasonable efforts to avoid dismissal, etc. are considered in determining the validity of the dismissal.

/ A: There are mainly three types of legal procedures; Labor Tribunal, Civil Provisional Remedies proceedings, and an ordinary lawsuit. However, in Labor Tribunal, the company can file a lawful challenge against the decision, and, in Civil Provisional Remedies proceedings, a petition will be dismissed when the court finds that the employee has certain assets and therefore, preservation is not warranted.

/ A: Court statistics show that the average length of a labor-related lawsuit at distinct court is 15.9 months (2020).

/ A: The plaintiff and the defendant (the company)take turns submitting written statements outlining their respective arguments monthly until the arrangement of issues and evidence is completed, and then examination will be conducted before a judgment. The client is expected to verify the factual assertions and prepare the evidence but do not has to appear at the court except examination.

/ A: In a standard wrongful dismissal action, the employee's status as a rights-holder is confirmed and wages from the date of dismissal until the judgment are ordered to be paid. Subsequent to the judgment, the employee may be reinstated to their position within the company, either directly or following further negotiation or consultation, as the case may be.