We handle issues related to labor-related disputes, including claims for overtime wages (overtime pay), issues related to employee dismissal, and issues related to sexual and power harassment.
We also provide consultation on issues related to employee mental health, drafting employment contracts and rules of employment.
Table of Contents
Labor Law
Companies have a responsibility to provide an appropriate working environment in accordance with labor-related laws and regulations. Ensuring an appropriate working environment is also important from the perspective of preventing problems with employees.
In addition to drafting employment contracts and employment regulations, we provide advice on various labor issues in companies, including problems at the time of hiring, personnel transfers, improvement of the working environment, employee mental health issues, retirement recommendations, dismissals, sexual harassment and power harassment.
When disputes regarding labor relations arise, they can be very costly to resolve. Therefore, it is important to resolve disputes appropriately at an early stage, taking into account the prospects for resolution and the costs involved in resolving the dispute.
We have extensive experience in labor law matters and can propose appropriate solutions according to the actual situation of the company and the details of each case.
Labor Tribunal and Labor-Related Litigation
Among labor-related disputes, disputes over unfair dismissal and wages (non-payment of wages, overtime wages, etc.) are relatively common.
Although these disputes can be resolved through lawsuits as in other civil cases, a special system called “labor tribunal” has been established for labor-related disputes. In this labor tribunal procedure, intensive hearings are conducted in a short period of time, making it possible to resolve disputes more quickly in comparison with civil litigation procedures.
When an employee files for resolution by labor tribunal, in principle, the first date of the hearing is set within 40 days from the date of the filing of the petition. Moreover, the company is required to submit its assertions in response (written answer) and supporting evidence by the first hearing date.
Labor tribunal requires that the investigation of facts and the construction of legal arguments be completed within a short period of time.
In addition, on the date of the hearing, the labor tribunal judge (judge) and two labor tribunal referee members selected from the private sector will directly ask questions about the situation, so it is necessary to prepare adequately in advance so that these questions will be answered accurately.
Since the labor tribunal is basically a procedure in which an attorney is scheduled to represent you, it is advisable to have an attorney represent you in order to properly present your claims to the court.
Flow of Labor Tribunal Procedures
Filing of a Petition
An employee files a petition for a labor tribunal with the district court.
Designation of the First Hearing Date
The court serves the petition to the employer and designates the first hearing date. At this time, the deadline for submission of the written answer is also set.
Preparation and Submission of Written Answer
Prior to the first hearing date, a written answer and documents in support of the assertions in the written answer are submitted to the court and the other party.
First Hearing Date
On the first hearing date, a total of three labor tribunal judges (one judge and two labor referees chosen from the private sector) will assess the claims of both parties by asking questions to the parties.
In some cases, a person with knowledge of the specific circumstances, such as a human resources manager at the company, may also be asked to speak. If both parties reach an agreement on the first date, the conciliation process is concluded.
If the parties are unable to reach an agreement at the first date, a second date will be set in most cases.
Second Hearing Date and Beyond
If there are any unclear points regarding the facts confirmed at the previous hearing date, the parties will be asked if it is possible to resolve the dispute through discussion based on the facts confirmed so far (conciliation).
If a settlement cannot be reached through discussion, the Labor Tribunal Committee (labor judge and labor referees) will render its decision through deliberation.
Conciliation / Labor Tribunal Trial
If the parties reach an agreement and conciliation is achieved, a conciliation record is prepared and delivered to the parties.
If the parties fail to reach agreement, then the Labor Tribunal trial will be held. The parties will be served with a written notice of trial describing the details of the trial.
Filing an Objection
If a party is dissatisfied with the decision of the Labor Tribunal trial, the dissatisfied party may file an objection within two weeks. In the event of an objection, the decision issued by the Labor Tribunal trial will cease to be effective and the case will be heard in an ordinary lawsuit in the district court.
