Labor & Employment Law - Japan Compliance (Page 2)

Japan Compliance

Labor & Employment Law

A collection of 35 posts

Slide summary: Online Kasuhara—defamation claims, disclosure process, employer duty of care, platform takedowns

Labor & Employment Law

Online Defamation as Customer Harassment in Japan: Protecting Your Business and Employees

TL;DR: Online defamation is the newest frontier of customer harassment (Kasuhara) in Japan. Victims and employers can sue, request takedowns, and seek sender disclosure, but the process is slow, costly, and emotionally taxing. Proactive monitoring, clear policies, and staff support are now core compliance duties. Table of Contents 1.

Tackling Customer Harassment in Japan: Legislative Trends and Corporate Best Practices

Labor & Employment Law

Tackling Customer Harassment in Japan: Legislative Trends and Corporate Best Practices

TL;DR: As customer harassment (Kasuhara) escalates, Japan moves toward national regulation while Tokyo’s 2024 ordinance and MHLW guidelines already demand action. Robust policies, staff training, and support systems are now critical for compliance and risk mitigation. Table of Contents 1. Introduction: Responding to a Growing Concern 2. The

Slide summary: Kasuhara in Japan—definition, employer duty of care, court decisions, and prevention measures

Labor & Employment Law

Understanding 'Customer Harassment' (Kasuhara) in Japan: Legal Risks and Employer Obligations

TL;DR: “Customer harassment” (Kasuhara) is rising in Japan and can trigger employer liability under the Duty of Care. While no nationwide statute yet mandates counter-measures, MHLW guidelines, local ordinances, and court cases make proactive policies, training, and support systems essential for risk management. Table of Contents 1. Introduction: A

Single-slide summary: 2025 amendments—flexible work, broader leave, overtime limits, disclosure duties under Japan’s Childcare & Family Care Leave Act

Labor & Employment Law

Japan’s Family-Care Leave Act: 2025 Amendments & Employer Checklist

TL;DR: Japan’s 2024 amendments to the Childcare and Family Care Leave Act (effective April 2025-26) force employers to offer flexible work options up to preschool age, broaden care leave, expand overtime exemptions, and impose new disclosure and consultation duties. Early policy updates and training are essential. Table of

Slide summary: Japan’s resignation rights, fixed-term limits, and training-cost clawback test under LSA Art. 16

Labor & Employment Law

Freedom to Resign vs. Employer Investment: Training Cost Clawbacks and Restrictions on Leaving Employment in Japan

TL;DR: Japan gives indefinite-term employees near-absolute freedom to resign on two weeks’ notice, while fixed-term staff face stricter rules—yet may quit after one year. Training-cost clawback clauses survive only if narrowly drafted under Labor Standards Act Article 16. Table of Contents 1. The Basic Principle: Freedom to Resign

Slide summary: Taishokukin—legal nature, tax benefits, limits on forfeiture, and employer considerations

Labor & Employment Law

Retirement Allowances (Taishokukin) in Japan: Legal Nature, Tax Implications, and Restrictions on Forfeiture

TL;DR: Taishokukin, Japan’s lump-sum retirement allowance, is a hybrid of deferred wages, merit reward, and livelihood security. Courts strictly limit forfeiture, while generous tax rules reward long-tenure lump sums—yet reform debates question their fit for a mobile labor market. Table of Contents 1. What is Taishokukin? Legal

One-slide summary: Japan’s dismissal rules—membership vs. job-based models, four-factor test, practical exit strategies

Labor & Employment Law

Employee Dismissals in Japan: Membership vs. Job-Based Models and Termination Rules

TL;DR: Japan’s “membership” employment model makes dismissals difficult: employers must satisfy the four-factor abusive-dismissal test. Job-based contracts allow clearer exit routes but still face strict notice or severance rules. Documented performance management is critical. Table of Contents 1. The Doctrine of Abusive Dismissal (LCA Art. 16) 2. “Membership”

One-slide summary: Japan’s non-compete rules—six-factor test, compensation requirement, practical drafting tips

Labor & Employment Law

Post-Employment Non-Competes in Japan: Legal Tests & Drafting Tips

TL;DR: Japanese courts allow post-employment non-competes only when narrowly tailored, backed by real protectable interests, limited in time/area/scope, and—critically—paired with specific compensation. Over-broad or unpaid clauses fail under the Civil Code’s public-policy test. Table of Contents 1. Freedom of Occupation vs. Contractual Restrictions 2.

One-slide summary: Japan’s fixed-term vs. indefinite wage gap—legal test, Supreme Court rulings, compliance checklist

Labor & Employment Law

Mind the Gap: Navigating Wage Disparity Between Fixed-Term and Indefinite-Term Employees in Japan

TL;DR: Japan’s Part-Time/Fixed-Term Employment Act and key Supreme Court rulings curb unjust wage gaps, but allow differential treatment when objectively reasonable. HR must document duties, responsibility, and career prospects to defend pay structures and avoid litigation. Table of Contents 1. The Legal Framework: Prohibiting Unreasonable Disparities 2.

One-slide summary: Japan’s Freelance Protection Act—written terms, 60-day payment, anti-harassment, and compliance checklist

Regulatory Updates

Engaging Japan's Freelance Workforce: The New Freelance Protection Act and Best Practices for Contracting

TL;DR: Japan’s Freelance Protection Act (effective 1 Nov 2024) mandates written terms, 60-day payment, and bans unfair practices toward solo contractors. Businesses must overhaul onboarding, payment tracking, and harassment prevention to stay compliant and competitive. Table of Contents 1. The Freelance Landscape in Japan: Context and Challenges 2.