Employment Troubles

We are able to assist in the following cases:

Wrongful dismissal
Non-renewal of the Fixed Term Employment Contract
Visa Status after Dismissal
Claim for unpaid overtime wages
Claim for injury while working

Need Help With A Legal Problem?

We, Nagoya International Law Office, welcome cases for illegal dismissal and lay-off, and other employment troubles. We are able to help in numerous cases, including the following:

I was a regular employee of the company and the company laid-off many staff. I want to know if the lay-off was legal or illegal? If it was illegal, what can I do against the wrongful lay-off?
I work for a Japanese company in Japan. I have a 1 year contract which has been renewed several times over the years. The company informed me they are not renewing the contract for next year. What can I do?
I have worked for a Japanese company under an engineer visa status, but the company dismissed me. My visa status expires after one year, but it is very difficult to find a new job in this economic situation. Can I keep my visa status?
I work for a US company in Japan. They don’t pay me for overtime work. Can I claim overtime work payments?
I have worked for an English school under an international service visa status, but the school did not renew a fixed term employment contract. My visa status expires in two months, but it is difficult to find a new school in two months. How can I renew my visa status?

Procedure of Tasks

Wrongful Dismissal
Non-renewal of the Fixed Term Employment Contract
Visa Status after Dismissal
Claim for unpaid overtime wages
Claim for injury while working

Wrongful Dismissal

Resolutions

Lay-off must satisfy the following requirements. If not, such lay-off will be considered as an illegal dismissal. We, Nagoya International Law Office, can evaluate whether your dismissal is legitimate or not. If your dismissal was illegal, we will negotiate to reinstate your employee’s position or to get compensation.

Information

In the case of laying-off employees, the company must meet the following four requirements.

1, Necessity for Lay-off
The company must prove its business has a financial crisis. Unfortunately, this requirement is not so strict, and case law allows a rather broad discretion for the company.

2, Effort to Avoid Lay-off
The company must make efforts to avoid lay-off before the company lays off its employees. Examples of efforts are: reducing directors’ remuneration, stop recruitment, advertise voluntary retirement, change job tasks, and suspension from work. Lay-off should be the last resort.

3, Reasonable Selection
The company must meet reasonable standards to select who should be lay-off, and the actual selection has to be reasonable. For example, standards should be based on work performance, contribution to the company, age, family members, etc. The results of the selection should also be reasonable. If the company selects only foreign employees, it will not be reasonable.

4, Appropriate Procedure
The company must explain its situation, necessity of lay-off, outline or scheme of lay-off to its employees or union, and have discussions with employees. This requirement is crucial. Many lay-off cases have been found illegal because those lay-offs have not implemented these processes.
In addition to the above requirements, the company must provide notice one month prior to lay-off or pay one-month salary for immediate lay-off.

Our Service

We, Nagoya International Law Office, can hear your dismissal procedure and evaluate if the dismissal satisfies the above requirements. If not, we will represent you to negotiate with the company to reinstate your position as an employee or to get compensation. If the company refuses to compromise, we will file the case to the labor tribunal or the court.

Frequent Q&A

Q.	Can Coronavirus be a reasonable reason for lay-off?
A.	It depends on the business situation. If the company business is a restaurant and the sales have decreased 50% of the previous year’s income, coronavirus can be a reasonable reason for lay-off. If your business is an English school and the lesson format has switched to video chat, coronavirus may not be a reasonable reason by itself.

Q.	What can I claim if my dismissal was illegal?
A.	The law states a person unfairly dismissed may reclaim an employee position at the company and receive any unpaid salary. However, depending on the situation, it may be more beneficial to receive any unpaid salary, and settle for a portion of future salary (the equivalent of two to three months pay)

Q.	Can Foreign Nationals receive Unemployment Allowance (Hello Work Payment)??
A.	You can apply for and receive Unemployment Allowance if you satisfy the requirement; basically 12 months’ work in the last 2 years.

Q.	What is the Labor Tribunal and what are the procedures in the Labor Tribunal?
A.	Labor Tribunal is a special tribunal for individual labor disputes provided by the court. In the Labor Tribunal Procedure, the Labor Tribunal Committee seeks a solution in a suitable way through three (3) mediation sessions. If the mediation fails to reach an agreement, the Labor Tribunal Committee will make a decision. If one of the parties appeals the decision, the case will be transferred to the civil court.

What is the Labor Tribunal and what are the procedures in the Labor Tribunal?

Labor Tribunal is a special tribunal for individual labor disputes provided by the court. In the Labor Tribunal Procedure, the Labor Tribunal Committee seeks a solution in a suitable way through three (3) mediation sessions. If the mediation fails to reach an agreement, the Labor Tribunal Committee will make a decision. If one of the parties appeals the decision, the case will be transferred to the civil court.

Non-renewal of the Fixed Term Employment Contract

Resolutions

Generally non-renewal of the fixed term employment contract is valid, but sometimes the company led the employee to believe their fixed term employment contract would be renewed. In the latter case, you can claim to have the employment contract renewed with the company. We, Nagoya International Law Office, can evaluate your situation and handle your case.

Information

Generally, a fixed term employment contract can be terminated by the end of each term within 5 years. If a fixed term employment contract has continued to renew for more than 5 years, the employee can apply to change his/her status from fixed term to an unlimited term contract, and the employer cannot refuse his/her application.
However, sometimes the company refuses to renew your fixed term contract, even though the company had offered the next fixed term employment contract. In this case, you will be able to argue that you had “reasonable expectations” for contract renewal based on the company’s attitude.

Our Service

We, Nagoya International Law Office, can evaluate your case and represent you in negotiating your renewal of fixed term employment contract or for compensation.

Frequent Q&A

Q.	If my total fixed term contract period is more than 5 years, can I apply for an unlimited employment contract?
A.	Generally, the answer is yes. In some circumstances, the standards differ, for example, if you are a fixed term university professor, an assistant professor, or a lecturer, you will get the application right after more than 10 years. If your employment period has six-months or more of a “cooling period,” your employment period will start once the cooling period has finished.

Q.	If I am an employee of a temporary staffing company, can I still apply for an unlimited employment contract after 5 years?
A.	If you have been employed more than 5 years by the same temporary staffing company, you can apply for an unlimited employment contract to the temporary staffing company. However; if you have been dispatched to the same company from two different temporary staffing companies for a total of 5 years, you will not be able to meet the 5 years requirement.

Visa Status after Dismissal

Resolutions

Generally, you can look for a new job while staying in Japan with your current visa status, even though you were dismissed by the employer. You will also be able to change your visa status to “Designated Activities” or “Temporary Visitor,” even if your visa period expires while you are looking for a new job.

Information

If your visa status is “Permanent,” “Long term,” “Spouse of Japanese,” or “Spouse of Permanent Resident,” dismissal itself does not impact your visa status. When you apply for renewal of your visa status, you have to prove you have a certain amount of income to support your family. However, if your unemployment period is short, it will not be a significant problem.
If your visa status is “Engineer/Specialist in Humanities/International Services”, “Skilled Labor”, or “Specified Skilled Labor” (so-called “Working visa”), you have to seek new employment which matches your visa status by the next visa renewal. However; please note your visa will be canceled if you are not employed for 3 months continuously.
If your visa status period ends before you find a new job, you still can apply “Designated Activities” visa status to seek a new job. However; it depends on your situation, for example, the reason for dismissal and length of unemployment period may influence whether immigration grants a new “Designated Activities” visa status.

Our Service

We, Nagoya International Law Office, will help to change or extend your visa status with your new employer. If you cannot find a new employer within the timeframe, we will negotiate to get “Designated Activities” visa status for the job-hunting period with the immigration office.

Frequent Q&A

Q.	If I was dismissed from my employer and cannot find a new job until my visa renewal period, should I return to my country?
A.	You still have a chance to get a “Designated Activities” visa status for job-hunting for a short time. Please contact us.

Q.	Can foreign nationals receive Unemployment Allowance (Hello Work Payment)?
A.	You can apply and receive Unemployment Allowance if you satisfy the requirement; basically 12 months’ work in the last 2 years.

Claim for unpaid overtime wages

Resolutions

If your working time is over 8 hours a day or over 40 hours a week, your employer has to pay overtime wages. If your overtime wages are not paid, you can consult the Labor Standard Office or a lawyer. The Labor Standard Office can instruct your employer to pay overtime wages, but they do not have power to force your employer to pay overtime wages. If the Labor Standard Office is not effective, we, Nagoya International Law Office, will help you receive overtime wages from your employer.

Information

Generally, if your employer requests you to work over 8 hours a day or over 40 hours a week, your employer has to pay overtime wages stipulated by the law. The calculation according to the law is in the following chart. The amount in the bracket is the example if the basic income per hour is 1,500 yen.

Over 8 hours a day	1.25 times (1,875 yen)
Over 40 hours a week	1.25 times (1,875 yen)
Night time work (22:00-05:00)	1.25 times (1,875 yen)
Over 60 hours overtime work a month	1.5 times (2,250 yen)
Holiday work (7th day work a week)	1.35 times (2,025 yen)
Overtime during night time work	1.5 times (2,250 yen)
Night time work during a holiday	1.6 times (2,400 yen)

Our Service

We, Nagoya International Law Office, will send a letter and negotiate a settlement with your employer for the first step. If the negotiation fails, we will apply to the Labor Tribunal Procedure for the fastest settlement.

Frequent Q&A

Q.	I don’t have a clause of overtime work payment in my employment contract. Can I get paid for overtime work?
A.	Employers have to pay for overtime work, but there are some exceptions, for example: Someone in a supervisory or a managerial position Someone who works outside office without monitoring working time Someone who works at his/her discretion

I don’t have a clause of overtime work payment in my employment contract. Can I get paid for overtime work?

Employers have to pay for overtime work, but there are some exceptions, for example:

Someone in a supervisory or a managerial position

Someone who works outside office without monitoring working time

Someone who works at his/her discretion

Q.	How long is the Statute of limitation for overtime wages?
A.	The Statute of limitation for overtime wages is 3 years from each payment schedule.

Q.	How can I prove my overtime work?
A.	Sometimes it is difficult to prove your overtime work, but you may prove with your own memo in a diary or your colleague’s statement, for example. As a paid option, we can analyse the operation history of your workplace computer in order to prove the usage duration (a ‘Forensic’ procedure).

Q.	What is the Labor Tribunal Procedure?
A.	The Labor Tribunal Procedure is a special procedure for labor disputes in district courts. In this procedure, the court will have only 3 sessions for one case and it takes only around 3 months. The court usually tries to settle the case, and if it fails, the court will render the judgment in the third session. If either party is not satisfied with the judgment, the party can appeal to move the case to a formal court trial.

What is the Labor Tribunal Procedure?

The Labor Tribunal Procedure is a special procedure for labor disputes in district courts. In this procedure, the court will have only 3 sessions for one case and it takes only around 3 months. The court usually tries to settle the case, and if it fails, the court will render the judgment in the third session. If either party is not satisfied with the judgment, the party can appeal to move the case to a formal court trial.

Claim for injury while working

Resolutions

If you get injured while working, you can claim compensation through the Labor Standard Office as an occupational accident. Your medical expenses will be covered by the Industrial Accident Compensation Insurance. 80% of your lost income caused by the occupational accident will be reimbursed by the Industrial Accident Compensation Insurance. If you have an aftereffect caused by an occupational accident, the Industrial Accident Compensation Insurance covers a certain amount of the damage. If the damage exceeds the Industrial Accident Compensation Insurance, you can claim reimbursement against your employer with proof of fault.

Information

If you get injured while you are working, your employer has to submit a report for the occupational accident. If you want to get payments from the Industrial Accident Compensation Insurance, you have to submit the application for your claim to the Labor Standard Office. In the application, you need a doctor’s certificate and your employer’s certificate.
The Industrial Accident Compensation Insurance covers damage which is caused while you are working, regardless of fault. On the other hand, the range of coverage may be much smaller than your total damage. If you are not satisfied with the coverage of the Insurance and you believe the accident’s fault is due to the workplace or your employer, you can claim any remaining damage against your employer. However, it is sometimes difficult to prove your employer had serious fault or was in violation of obligation to secure an employees’ safety.

Our Service

We, Nagoya International Law Office, will help you to apply for Industrial Accident Compensation Insurance to the Labor Standard Office. We can evaluate your case if you can get compensation from your employer. If we believe you can get compensation from your employer, we will help you to claim damage against your employer or file a court trial. Some employers want to hide an occupational accident to avoid criminal penalty, increase of insurance premium or some other reasons, even though an occupational accident has happened. However, you do not have to give up to apply for Industrial Accident Compensation Insurance. Please consult us, Nagoya International Law Office, before you give up.

Frequent Q&A

Q.	If your employer does not sign on the application for the Industrial Accident Compensation Insurance, how can I apply for it?
A.	If you cannot get a certificate from your employer in the application for Industrial Accident Compensation Insurance, you can apply for it without your employer’s signature. The Labor Standard Office will ask your employer to sign it or they will proceed without your employer’s signature.

Q.	I had a traffic accident while commuting to my workplace. Is it an occupational accident?
A.	Yes, it is an occupational accident. You can claim to either Industrial Accident Compensation Insurance or the other car driver’s voluntary insurance company. If you believe you have any aftereffects (permanent injury), we strongly recommend to apply for Industrial Accident Compensation Insurance first, because the Industrial Accident Compensation Insurance will often give you a better evaluation than the insurance for traffic accidents.

I had a traffic accident while commuting to my workplace. Is it an occupational accident?

Yes, it is an occupational accident. You can claim to either Industrial Accident Compensation Insurance or the other car driver’s voluntary insurance company. If you believe you have any aftereffects (permanent injury), we strongly recommend to apply for Industrial Accident Compensation Insurance first, because the Industrial Accident Compensation Insurance will often give you a better evaluation than the insurance for traffic accidents.

Q.	I got injured at the construction site and my employer was a subcontractor and the supervisor of the site was the staff of the prime contractor. Who is responsible for my injury?
A.	Basically, the prime contractor is responsible for your injury, because the prime contractor had an obligation to ensure the safety of workers at the construction site. If you apply for Industrial Accident Compensation Insurance, upon your request, the prime contractor must supply the certificate. If you file a trial case to the court to claim total compensation, you can file both the prime contractor and your employer as joint obligators.

I got injured at the construction site and my employer was a subcontractor and the supervisor of the site was the staff of the prime contractor. Who is responsible for my injury?

Basically, the prime contractor is responsible for your injury, because the prime contractor had an obligation to ensure the safety of workers at the construction site. If you apply for Industrial Accident Compensation Insurance, upon your request, the prime contractor must supply the certificate. If you file a trial case to the court to claim total compensation, you can file both the prime contractor and your employer as joint obligators.

Q.	I developed depression because of overwork. Can I apply for Industrial Accident Compensation Insurance?
A.	You may apply for Industrial Accident Compensation Insurance, but the standard to be accepted as work-related depression is that you had more than 100 hours overtime work within the last one month or more than 80 hours overtime work in the recent 2-6 months. If you cannot satisfy the standard, the Labor Standard Office will deny the cause of your depression as work-related. However, you can still apply for compensation to your social health insurance and get 2/3 of your salary for 1 year and 6 months.

I developed depression because of overwork. Can I apply for Industrial Accident Compensation Insurance?

You may apply for Industrial Accident Compensation Insurance, but the standard to be accepted as work-related depression is that you had more than 100 hours overtime work within the last one month or more than 80 hours overtime work in the recent 2-6 months. If you cannot satisfy the standard, the Labor Standard Office will deny the cause of your depression as work-related. However, you can still apply for compensation to your social health insurance and get 2/3 of your salary for 1 year and 6 months.