Beyond Direct Employment: Prime Contractor's Safety Duty to Subcontractor's Workers – The Subcontractor S / Prime Contractor P Construction Site Case (December 18, 1980) On December 18, 1980, the First Petty Bench of the Supreme Court of Japan delivered a judgment in a damages claim case. While the Supreme Court's primary focus in this appeal was on aspects of comparative negligence and the calculation of damages, the case stands as a significant
Landmark "Karoshi-Jisatsu" Ruling: Japan's Supreme Court on Employer Liability for Overwork Suicide (March 24, 2000) On March 24, 2000, the Second Petty Bench of the Supreme Court of Japan delivered a groundbreaking judgment in a damages claim case. This ruling was pivotal in establishing employer liability for "karoshi-jisatsu" – suicide resulting from overwork and work-related stress. It clarified the employer's duty of
Beyond the Breaking Point: Japan's Supreme Court on Chronic Overwork and Work-Related Illness (July 17, 2000) On July 17, 2000, the First Petty Bench of the Supreme Court of Japan delivered a landmark judgment in a workers' compensation case involving a company driver who suffered a subarachnoid hemorrhage. This case, often referred to by commentators as the "Tokio Marine Yokohama Branch Driver Case"
Beyond the Banquet Hall: Supreme Court Redefines "Course of Employment" for After-Party Accident (July 8, 2016) On July 8, 2016, the Second Petty Bench of the Supreme Court of Japan delivered a significant ruling in a workers' compensation case, often referred to by commentators as the "Teikuro Kyushu Case". This decision revisited the criteria for determining whether an accident occurs "in the
Long Vacations vs. Business Needs: Japan's Supreme Court on Changing Leave Timing (June 23, 1992) On June 23, 1992, the Third Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case concerning a news reporter's request for a month-long period of paid annual leave. This case, often dubbed the "Jiji Press Case" (時事通信社事件) by commentators and
My Tenant's Lease in Japan Has Expired: What are the Grounds for Seeking Eviction, and What if They Claim a "Building Ownership Purpose"? When a lease term expires, landlords typically expect to regain possession of their property. However, in Japan, particularly concerning land leases, the situation can be more complex than a simple contractual expiration. While the Civil Code provides general rules for lease termination, the Act on Land and Building Leases (Shakuchi
Acquiring Real Estate Through Prescription (Adverse Possession) in Japan: Can You Gain Title and Registration? The idea that someone can acquire legal ownership of real property through long-term possession, even if they didn't initially have formal title, is a concept found in many legal systems, often known in common law jurisdictions as "adverse possession." Japanese law also recognizes this principle, termed
Double Selling of Japanese Real Estate: Why is "Taikō-Yōken" (Perfection by Registration) a Game Changer? Certainty and security are paramount in real estate transactions. However, a scenario that can severely undermine this security is a "double sale" – where a property owner sells the same piece of real estate to two different buyers. How does Japanese law resolve such a conflict? The answer largely
How Do You Legally Reclaim Real Property from an Unlawful Occupant in Japan Based on Ownership? The unauthorized occupation of real property is a significant concern for landowners worldwide. If you own real estate in Japan and find it occupied by someone without a valid right, Japanese law provides a mechanism to reclaim your property. This process, grounded in the rights of ownership, requires a clear
Recovering a Loan in Japan: What are the Key Factual Allegations for a Lender to Succeed in Court? The recovery of loaned funds is a common issue that businesses and individuals face. When a borrower in Japan fails to repay a loan, the lender seeking recourse through the Japanese courts must understand the specific factual allegations, known as "Yokenjijitsu" (要件事実), that are necessary to establish their
Can a Sales Claim in Japan Expire? Understanding the Statute of Limitations Defense (消滅時効の抗弁) In the world of commerce, the passage of time can have profound legal consequences. A common concern for businesses involved in sales transactions, particularly across borders, is whether an unpaid claim for goods or services can become unenforceable simply because too much time has elapsed. Under Japanese law, the doctrine
My Japanese Counterparty Hasn't Paid: What Specific Facts Must I Prove to Claim Sales Price in a Japanese Court? The issue of unpaid invoices is a common and frustrating problem in business, and it takes on added complexity in cross-border transactions. If your Japanese counterparty has failed to pay for goods or services rendered under a sales agreement, understanding the specific requirements for pursuing a claim in a Japanese
What are "Yokenjijitsu" (Fact Pleading Requirements) in Japanese Civil Litigation, and Why Do They Matter for Foreign Businesses? Navigating civil litigation in Japan presents a unique landscape for those accustomed to common law jurisdictions. Central to understanding Japanese civil procedure is the concept of "Yokenjijitsu" (要件事実). This term, which can be translated as "principal facts," "ultimate facts," or more descriptively, "factual
Leave for a Strike? Japan's Supreme Court on Annual Leave and Workplace Industrial Action (November 19, 1991) On November 19, 1991, the Third Petty Bench of the Supreme Court of Japan delivered a significant judgment in a wage claim case, often referred to by commentators as the "Tsudanuma Train Depot Case" (津田沼電車区事件). This ruling explored the complex interplay between an employee's right to
Your Leave, Your Right: A Landmark Japanese Supreme Court Ruling on Paid Annual Leave (March 2, 1973) On March 2, 1973, the Second Petty Bench of the Supreme Court of Japan delivered a seminal judgment in what is commonly known as the "Shiraishi Forestry Office Case" (白石営林署事件). This ruling profoundly shaped the understanding of the legal nature of paid annual leave (年次有給休暇 - nenji yūkyū
Off-Site Work and "Deemed Hours": Japan's Supreme Court Clarifies "Difficult to Calculate" for Tour Guides (January 24, 2014) On January 24, 2014, the Second Petty Bench of the Supreme Court of Japan delivered an important judgment in a case concerning overtime pay for a dispatched tour guide. This case, often referred to by commentators as the "Hankyu Travel Support (No. 2) Case," provides crucial clarification on
The Vanishing Premium: Japan's Supreme Court on Wage Systems That Offset Overtime Pay (March 30, 2020) On March 30, 2020, the First Petty Bench of the Supreme Court of Japan delivered a landmark judgment in a wage claim case, often referred to by commentators as the "Kokusai Jidosha (International Motorcar) Case." This decision has significant implications for employers, particularly those in industries like transportation
The Guardian of Overtime: Japan's Supreme Court on Democratically Electing Employee Representatives for "36 Agreements" (June 22, 2001) On June 22, 2001, the Second Petty Bench of the Supreme Court of Japan issued a concise but highly significant ruling in what is often referred to by commentators as the "Tookoro Case." This judgment underscored a fundamental prerequisite for the validity of "Article 36 Agreements"
The Obligation to Work Overtime in Japan: Analyzing a Landmark Supreme Court Decision (November 28, 1991) On November 28, 1991, the First Petty Bench of the Supreme Court of Japan delivered a pivotal judgment in a case concerning an employee's obligation to perform overtime work and the validity of a dismissal for refusing such work. This case, often referred to by commentators as the
Understanding "Working Hours": A Deep Dive into a Japanese Supreme Court Ruling on On-Call Napping Time (February 28, 2002) On February 28, 2002, the First Petty Bench of the Supreme Court of Japan delivered a significant judgment in an overtime wage claim case. This ruling delved into the crucial question of whether "napping time" provided to employees during extended on-call shifts qualifies as "working hours"
Beyond the Clock-In: Japan's Mitsubishi Shipyard Case Defines "Working Hours" The definition of "working hours" is a cornerstone of labor law, fundamentally impacting wage calculations (especially overtime pay), rest period entitlements, and overall compliance with statutory limits on work. In Japan, the Labor Standards Act (LSA) sets maximum working hours but does not explicitly define what constitutes "
Paycheck vs. Payback: Japan's Nisshin Steel Case on Consensual Set-Offs Against Wages The principle of full payment of wages, enshrined in Article 24, Paragraph 1 of Japan's Labor Standards Act (LSA), is a fundamental protection for workers. It mandates that employers must pay wages in their entirety directly to the employee, in cash (with limited exceptions for bank transfers with
The Full Paycheck Rule: Japan's Fukushima Teachers Case and When Employers Can Deduct Overpayments The principle of full payment of wages is a cornerstone of Japanese labor law, enshrined in Article 24 of the Labor Standards Act (LSA). This rule mandates that wages must be paid in full, directly to the worker, in currency, and at least once a month on a fixed date.
Inventing Fairness: Japan's Olympus Case and "Reasonable Remuneration" for Employee Inventions The innovation driven by employees is a cornerstone of corporate success, particularly in technology-intensive industries. In Japan, "employee inventions" (職務発明 - shokumu hatsumei)—inventions made by an employee that fall within the employer's business scope and relate to the employee's duties—are subject to
Employee Mistakes, Employer Losses: Japan's Ibaraki Sekitan Case and Limits on Recovery When an employee's actions in the course of their duties lead to financial loss for the employer—either through direct damage to company property or by incurring liability to third parties—a crucial question arises: to what extent can the employer seek compensation from the employee? While employees
