Facing Dismissals in Japan?
✔ Forced to Sign Separation Agreements with Severance Package？
✔ Sudden Business Disclosure or Position Elimination？
✔ Unfairly Targeted for Workforce Reduction？
✔ Involved in Reorganization by New Manager from Outside？
✔ Given Unrealistic PIP with Threats of Termination？
✔ Instructed to resign due to "Up or Out"？
However, in Japan,
Employment is robustly Safeguarded,
even in the case of Foreign Companies.
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.
☞ case of Barclays: The dismissal of MD with JPY 42m base salary was deemed invalid.
Check our website for other precedents in English.
No Sign the Package
Signing the package constitutes agreement to the resignation. The presentation of a severance package does NOT constitute a dismissal and there is NO obligation to agree.
Upside Potential in Package
The legal counsel can negotiate the terms of severance package. However it must be noted that there are precedents where excessive demands by employees themselves are viewed unfavorably.
Dismissal is NOT Final
The dismissal can be challenged under Japan's stringent labor laws. Even after receiving a notice of termination, there is still room for negotiation before initiating litigation.
In Dismissal Disputes,
it is crucial to retain an attorney with deep expertise.
Because Labor-Related Litigation is;
ー to lead companies to engage a firm focusing on labor law
ー known to be an area requiring specialized knowledge
ー handled by dedicated divisions at Tokyo District Court
（such as intellectual property, administration, and construction)
Contact MINATO LABOUR LAW OFFICE for Foreign Company Termination Case.
Free & No-Obligation Initial Consultation
with Attorney committed to Dismissal Cases
Flexible Scheduling: Evenings & Weekends Available
Why Clients Choose Us
REASON
01
Focus on Dismissals
Our firm focuses on dismissal disputes , known as an area requiring specialized knowledge. We are continually updating our skills to manage your case and protect your rights.
REASON
02
Limited Caseload
Our firm deliberately keeps our caseload limited to devote our full attention and resources to each client, providing in-depth legal analysis and meticulous preparation.
REASON
03
Industry Background
With a background in top consulting firm, global investment bank and IT, our attorney is well-versed in the dynamics of headcount reduction. Our insights allow for identifying the legal issues straightaway and building compelling argument.
Free & No-Obligation Initial Consultation
with Attorney committed to Dismissal Cases
Flexible Scheduling: Evenings & Weekends Available
WORKFLOW
STEP
CONTACT
Contact Us from the contact form on the bottom of this website to schedule a consultation (FREE for 1st 30min Zoom mtg).
STEP
CONSULTATION
The attorney will provide legal advice and case management strategies upon your situation.
STEP
CONTRACT
The power of attorney agreement initiates the negotiations or documentations for filing on the case.
ATTORNEY's FEE
| initial | subsequent | |
| Consultation： | free for 30min Zoom | JPY 66,000/hour |
| retainer fee | contingency fee | |
| Negotiation： | JPY 110,000 | 11% of incremental benefit (min JPY110,000) |
| Litigation： | JPY 550,000 | 11% of economic benefits |
*tax inclusive
Free & No-Obligation Initial Consultation
with Attorney committed to Dismissal Cases
Flexible Scheduling: Evenings & Weekends Available
FAQ
Q: Are there any distinctive characteristics associated with legal issues pertaining to employment matters, such as dismissals?
/ 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.
Q: Is there a possibility that the details of my consultation will be shared with someone else?
/ 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.
Q: Can a consultation be scheduled at the stage where a severance package is offered and dismissal is not yet handed down?
/ 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.
Q: Is it necessary to sign a retainer agreement after consultation?
/ A: A legal consultation on its own is perfectly acceptable.
Q: If I consult with a lawyer, will it inevitably lead to litigation?
/ A: If severance package is showed and dismissal is not yet handed down, the primary approach would be to seek a resolution through negotiation.
Q: Are dismissals allowed in Japan as freely as layoffs are in the U.S. and U.K.?
/ 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.
Q: Does the company's decision to terminate indicate that the company considers the termination to be valid?
/ 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.
Q: In what cases does a court find a dismissal valid?
/ 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.
Q: What legal procedures can be followed in the case of 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.
Q: How long will a lawsuit last?
/ A: Court statistics show that the average length of a labor-related lawsuit at distinct court is 15.9 months (2020).
Q: How will be civil procedure?
/ 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.
Q: Can audio recordings be admissible as evidence in a legal proceeding?
/ A: Generally, audio recordings are admissible as evidence even if made without consent; however, as an exception, those obtained through significantly illegal means may be deemed inadmissible.
Q: If the dismissal is ruled invalid and the case is won, what are the legal consequences?
/ 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.
CONTACT
ABOUT US
Office
Minato Labour Law Office
3-9-10, Kaigan, Minato-ku, Tokyo
fax: 050-3606-7333
Attorney at Law
Akihito Okura
Graduated from the University of Tokyo, achieved top sales performance twice at Credit Suisse, gained experience in McKinsey and IT, and currently practice as an attorney (member of DAI-ICHI Tokyo Bar Association).