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M&A, etc. Labor Issues

The treatment of officers and employees is one of the most important matters in an M&A transaction or corporate reorganization and can often cause issues where a foreign company is involved, as under the Japanese labor and employment laws, redundancies, changes of employment terms and employee transfers cannot be carried out unilaterally and will require careful consideration and negotiation with employees.

Atsumi & Sakai has extensive experience advising both domestic and foreign clients on officer and employee matters related to M&A and corporate reorganizations in Japan, with our employment team comprising expert Japanese lawyers and foreign lawyers familiar with the nuances of Japanese labor law.

Our team advises on:

Labor due diligence
Analysis of the legal risk of employee issues arising from M&A or post-merger integration and advising on how to deal with issues in the project.
Proceedings under the Act on the Succession to Labor Contracts upon Company Split
Post-Merger integration
Reduction in workforce
Voluntary resignations due to elimination of position and other labor reduction measures (i.e., redundancy)
Secondment of employees
Transfer of employment
Setting plans for announcements to/communications with employees.