Labor & Employment Law

A collection of 34 posts
Slide summarising Japan’s 2023 Supreme Court METI transgender restroom case: facts, dignity-first reasoning, employer duty of care and compliance checklist for inclusive policies.
Labor & Employment Law

A Landmark Ruling for Transgender Rights in Japan: The METI Restroom Access Case and Employer Obligations

TL;DR * Japan’s Supreme Court (11 Jul 2023) held that forcing a transgender METI employee to use distant restrooms was an unlawful abuse of discretion, stressing dignity and concrete evidence over abstract “discomfort.” * Employers’ general duty to maintain a safe, non-discriminatory workplace now clearly covers gender-identity accommodation; blanket bans
8 min read
Slide comparing compensation for regular, fixed-term and post-retirement workers in Japan: Supreme Court factors, 2023 Nagoya case takeaways and employer compliance checklist.
Labor & Employment Law

Hiring in Japan: Fixed-Term & Post-Retirement Workers—Avoiding “Unreasonable Disparity” Claims

TL;DR * Japan’s Part-Time & Fixed-Term Employment Act bars “unreasonable disparities” in pay and benefits versus comparable regular staff. * Supreme Court precedent (Nagasawa 2018; Nagoya Driving School 2023) shows courts will dissect each pay component and negotiation history—simple percentage cuts post-retirement are risky. * Employers must document duty differences,
10 min read
Slide summarising Japan’s workplace human-rights developments: pandemic lessons, 2023 Supreme Court transgender restroom ruling, and inclusive-policy checklist for employers.
Labor & Employment Law

Human Rights in Japan’s Modern Workplace: Crisis Lessons, Transgender Rights & Inclusive Policies

TL;DR * Japan’s pandemic response and the 2023 Supreme Court restroom case illustrate how crisis measures and individual rights must be balanced in employment settings. * The Court held that vague discomfort of colleagues cannot override a transgender employee’s gender-identity rights, signalling stricter scrutiny of workplace restrictions. * Employers should
7 min read
Slide summarising Japan’s anti-harassment duties for entertainment: legal coverage of freelancers, on-set risk factors, reporting channels and prevention checklist.
Labor & Employment Law

Setting the Stage for Respect: Japan’s Anti-Harassment Rules for Entertainment Workplaces

TL;DR * Harassment risks in Japan’s entertainment industry stem from power gaps, precarious freelance work and high-pressure sets. * The Power Harassment Prevention Act, Equal Employment Opportunity Act and 2024 Freelancer Protection Act oblige studios and agencies to prevent, investigate and remedy harassment. * Effective compliance requires clear policies, project-based training,
6 min read
Slide outlining Japan’s entertainer‐classification test: control vs. autonomy factors, key court cases, and compliance checklist for agencies and studios.
Labor & Employment Law

Employee or Independent Contractor? Classifying Entertainers Under Japanese Labor Law

TL;DR * Japan applies a multi-factor test—freedom to refuse work, control, exclusivity, remuneration type, etc.—to decide if an entertainer is an LSA “worker.” * Recent cases show emerging talent is often deemed employees, while established stars may remain independent contractors. * Classification drives wage, overtime, social-insurance and training-cost obligations, so
6 min read
Slide summary: Japan indirect-discrimination rules and 2024 Freelance Act—clear contracts, 60-day payment, anti-harassment duties
Labor & Employment Law

Workforce Management in Japan: Tackling Indirect Discrimination and the New Freelance Act

TL;DR: Japan is tightening rules on indirect discrimination while launching a Freelance Protection Act that mandates clear contracts, 60-day payment and anti-harassment duties. Employers must audit “neutral” policies for disparate impact and overhaul freelancer onboarding by November 2024. Table of Contents 1. Introduction: Navigating Japan's Evolving Labor
9 min read
Slide summary: Japan’s DBS Law—mandatory checks, employer duties, certification for private providers, HR implications
Regulatory Updates

Japan's New DBS Law: Protecting Children in Educational and Childcare Settings – Overview and Implications for Businesses

TL;DR: Japan’s new DBS Law mandates or enables criminal-record checks for people working with children. “School Establishments” must run checks and take “necessary measures,” while private providers may opt in via certification. Employers face new hiring, reassignment, and data-handling duties—failure risks administrative orders and reputational damage. Table
10 min read
Slide summary: Supreme Court 2024 ruling—job-scope limits override transfers, implications for job-type employment in Japan
Labor & Employment Law

Job Scope Limitations ("Job-Type" Employment) and Employee Transfers (Hai-ten) in Japan: Defining Boundaries

TL;DR: Japan’s Supreme Court (Shiga Prefecture Council of Social Welfare, 2024) ruled that any explicit or implicit agreement limiting an employee’s job scope bars employers from ordering transfers outside that scope without consent—regardless of business necessity. The decision cements job-type principles and forces companies to rethink
8 min read