業務内容

Labour Law

Labour Law

Iwata Godo is highly experienced in labour law, including (i) regularly advising on internal rules and compliance with employment-related laws and regulations, including recruitment, tentative job offers, HR matters such as reassignment and secondment of employees, overtime work, disciplinary measures and labour unions, (ii) handling legal issues arising in the course of corporate restructuring (e.g., handling of labour unions, reduction in workforce, succession of labour contracts, unification of labour conditions) and (iii) conducting labour-related due diligence to assess risk on issues such as unpaid overtime, disguised contract labour, and nominal management positions.

We further offer a wide range of legal services, drawing upon our experience in litigation and expertise in dispute resolution, including (i) representation of employers in mediation, labour tribunals and litigation, (ii) advising employers on internal disciplinary actions and measures to prevent recurrence in employee fraud cases, and (iii) representation of employers, if necessary, in litigation to seek damages from employees in fraud cases.

Recently, we have seen a significant increase in the number of cases where we advise and represent employers on matters of public concern (e.g., cancellation of tentative job offers, refusal to extend or renew contracts with contingent workers, early retirement programs, sexual harassment, power harassment, work-related injuries and health issues, including karoshi (death caused by overwork) and mental disorders) and litigation by employees seeking damages on such matters. Such advice may include the handling of labour union reactions on these issues, if necessary. We further offer legal services on the labour issues specific to non-profit corporations, including educational corporations.

Publications Related to Labour Law

  • 2022.07

    Kitagawa Hiroki's commentary on the report of the MHLW's study group on working hours is available on the Shoji Homu Portal website.

    Author:
    KITAGAWA Hiroki 
  • 2022.07

    Fujinami Tomonori's commentary on amendments to MHLW regulations and guidance concerning employment of women, including new disclosure requirements for private sector employers, is available on the Shoji Homu Portal Site.for Private Business Owners” is available on the Shoji Homu Portal Site.

    Author:
    FUJINAMI Tomonori 
  • 2022.07

    Fujiwara Hiroki and Okanami Kentaro co-authored "Education Industry (1)" for the series "Labor Management Counseling for Working Styles in Different Industries and Occupations" in the August issue of Jinji Romu Jitsumu no Q&A.

  • 2022.07

    Fukuchi Takumi, Kitagawa Hiroki, Kaneki Nobuyuki, Noguchi Daisuke, Ito Natsuho, Anzai Kazuto, Matsuda Taiki, Okanami Kentaro, and Bando Taisei co-authored the 2022edition of Annual Summaries of Labor-Related Judicial and Administrative Decisions (Roumugyousei).

  • 2022.06

    Tago Shinya, Eiguchi Manabu, Fujiwara Hiroki, Fukuchi Takumi, Kitagawa Hiroki, Anzai Kazuto, Matsuda Taiki, Bando Taisei co-authored "Labor Management and Information Security Measures for Telework (Practice Series No. 255)" (SMBC Consulting).

Lectures, Seminars and Conferences Related to Labour Law

  • 2021.09

    Fujiwara Hiroki, Kudo Ryohei, and Saito Hiroki conducted a seminar titled "Labor Management and Information Security Measures during Telework" at Tokyo Hosen-Kai.

  • 2018.08

    Motomura Takeshi, Mutou Yuuki and Sasaki Tomoo participated in a panel discussion of IPO seminar jointly held by Sumitomo Mitsui Trust Group, Plutus Consulting and Iwata Godo.

News Related to Labour Law

  • 2022.08

    A comment by Landry Guesdon appeared in the article "Japan Pushes Businesses to Postpone Mandatory Retirement Ages Amid Declining Workforce" in International Employment Lawyer on July 28.

  • 2022.02

    Landry Guesdon's comment appears in "Unions push for more flexible working in Japan ahead of labour negotiations" in the February 24 issue of International Employment Lawyer.

  • 2019.06

    Fujiwara Hiroki's comment was introduced in the article of the Nikkei.

    Fujiwara Hiroki commented as a lawyer specialized in labor laws on an article titled "Practical Rules for Doing Side Business Need to be Established" which appeared in the morning edition of Nikkei newspaper dated May 20, 2019.

  • 2018.03

    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.

  • 2017.01

    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.

Practice Areas