Iwata Godo is highly experienced in the field of labour law through such practices as (i) routinely providing legal advice on various matters including (a) establishing and/or amending employment related internal rules and regulations including workplace regulations and (b) corporate compliance in the field of employment related laws and regulations covering such issues as recruitment, tentative job offer, personnel affairs (ex. internal personnel reshuffle, secondment, transfer etc.), overtime work, disciplinary measures and labour unions, (ii) handling various legal issues arising in the course of corporate restructuring (ex. handling of labour unions, reduction in workforce, succession of labour contracts, unification of labour conditions etc.) and (iii) conducting labour related due diligence in order to spot any labour related legal problems (ex. unpaid overtime, disguised contract labour, only-in-the-name managers etc.).
We further offer wide range of legal services, drawing upon our experiences in litigation and our expertise in dispute resolution, including but not limited to (i) representation of client employers in many cases where filings for mediation, labour tribunal or litigation have been made from labour side, (ii) provision of advice to client employers dealing with fraudulent employees on appropriate internal disciplinary actions and measures to prevent recurrence and (iii) representation of such employers, if necessary, in litigation to claim damages caused by such employees.
Recently, we have seen significant increase in number of cases where we advise and/or represent the employer clients on number of issues that have become matter of public concern (ex. cancellation of tentative job offers, refusal of extension/renewal of contracts with contingent workers, implementation of early retirement programs, sexual harassments, power harassments, work-related injuries and illnesses including karoshi (death caused by overwork) and mental disorder etc.) and litigations claiming damages caused thereby. Such advice may cover the handling of labour union reactions to above mentioned issues, if necessary. We further offer legal services concerning specific and particular labour issues such as those in non-profit corporations including educational corporation.
Publications Related to Labour Law
Fujiwara Hiroki authored the 76th article of the series "Let's Check Judicial Precedents!" entitled "Dismissing a Manager for Disciplinary Reasons who does not Accept Resignation under Instruction looking for an Opportunity for Objection" which appears in July 1, 2018 issue of Roumu Jijo.
- FUJIWARA Hiroki
Fujiwara Hiroki and Hazama Hiroyoshi co-authored the 3rd article of the series "Practical Tasks of Personnel and Labor Management on M&A Cases" titled "Theories of Human Resource Management DD (1)" which appears in the July 2018 issue of a monthly magazine, Jinji Romu Jitsumu no Q&A.
Fujiwara Hiroki and Nakamura Saeko co-authored the 2nd article of the series "Practical Tasks of Personnel and Labor Management on M&A Cases" titled "How to Proceed with DD of Personnel and Labor Management" which appears in the June 2018 issue of a monthly magazine, Jinji Romu Jitsumu no Q&A.
Saito Hiroki's commentary titled "Judgment of the Second Petty Bench of the Supreme Court (Chief Justice Yamamoto Tsuneyuki) Concerning a Case wherein Payment of Unpaid Wage, etc. is Claimed and a Case wherein Confirmation, etc. of Employment Status is Demanded” is available on the Shoji Homu Portal Site.
Fujiwara Hiroki authored the 75th article of the series "Let's Check Judicial Precedents!" entitled "Getting an Employee to Pay Repair Costs caused by a Vehicle Accident in Transit" which appears in June 1, 2018 issue of Roumu Jijo.
- FUJIWARA Hiroki
News Related to Labour Law
Fujiwara Hiroki's comment was introduced in the article of the Nikkei.
A comment of Fujiwara Hiroki, as an expert lawyer in labor law, was introduced in the article titled "Treatment of Freelance Workers, How to Prevent 'Abuse of Superior Bargaining Position'" in the morning edition of the Nikkei dated March 19, 2018.
Fujiwara Hiroki and Landry Guesdon co-authored an article in English entitled "Employment and employee benefits in Japan" regarding such themes as employment system, employee benefits and employee personal data protection, which is available in Thomson Reuters’ Practical Law.
- Dispute Resolution and
- Economic Law and
the Competition Law
- Intellectual Property Law and Information Technology Law
- Bankruptcy Law and
Corporate Reorganization/ Rehabilitation
- Labour Law
- Environmental Law and
Large-Scale Environmental Litigation