Termination of Employment

Foreign companies often have problems when seeking to terminate the employment of employees at their Japanese subsidiaries as they can fail to understand how favorable Japanese labor law is to the employee and how difficult it is to dismiss employees. Japan does not have the concepts of “employment at will” or redundancy as is found in many Western jurisdictions, and termination of employment is almost always based on a negotiated settlement or resignation. Acting on a termination without legal advice can give rise to significant liabilities, both reputational and financial, and can even result in an order to reinstate the employee. Our Firm also advises on situations that require immediate action such as in the case of serious misconduct or harassment.

Our employment team comprises expert Japanese lawyers and foreign lawyers familiar with the nuances of Japanese labor law and can assist to analyze each case and advise on solutions and legal risks. Our services include:

Evaluating employee conduct and performance
Warning procedures and notices
Disciplinary action
Redundancy schemes
Voluntary resignations due to elimination of position and other labor reduction measures (i.e., redundancy)
Termination negotiations and settlements
Harassment/misconduct actions
Labor Tribunal and other hearings
Provisional dispositions
Communications with labor unions and government agencies
Media relations