Labor & Employment Law

A collection of 63 posts
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
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”
9 min read
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.
9 min read
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.
8 min read