A case in which we prepared an employment contract and employment regulations at the request of a Polish company
Outline of the case
A Polish company established a Japanese subsidiary in order to employ people and conduct business in Japan. The Polish company wanted to know about the procedures for hiring people in Japan and to prepare an employment contract and work rules in accordance with Japanese laws and regulations. The Polish company wanted to start business on a small scale and gradually expand the size of the company after confirming the sales situation in the Japanese market. Therefore, he requested that we advise him on Japanese labor laws, prepare employment contracts and employment regulations, and file various notifications with the Labor Standards Inspection Office and the Social Insurance Office. In addition, we have requested that all of these documents and legal advice be provided in both English and Japanese.
Services offered by Kuribayashi Sogo Law Office
When a foreign company employs Japanese nationals or foreign nationals residing in Japan, Japanese labor laws and regulations may apply. Not only when a Japanese corporation established by a foreign corporation employs a foreigner or Japanese national residing in Japan, but also when a foreign corporation directly employs a foreigner or Japanese national with an overseas corporation, the Japanese labor laws and regulations (hard-and-fast laws) will be compulsorily applied as long as the worker concerned works in Japan. The Japanese Labor Standards Law and Labor Contract Law have various provisions regarding worker protection, including extremely strict regulations regarding the obligation to clearly state working conditions and restrictions on dismissal, which cannot be eliminated by agreement of the parties. It is extremely important to understand the content of these draconian laws when concluding employment contracts governed by Japanese law. Polish companies have asked questions regarding the applicability of Japanese labor laws and regulations, wages, working hours, rest periods, leaves of absence, and dismissal issues, and our office answers these questions in English. In addition, we were asked to prepare documents such as employment regulations, wage rules, and employment contracts, and we prepared these labor-related documents in both English and Japanese. In addition, we also handled the submission of business start-up notifications, 36 agreements, etc. to the tax office and the Labor Standards Inspection Office on behalf of the client.
Support for Foreign Companies by Kuribayashi Sogo Law Office
When a foreign company hires people to work in Japan, Japanese labor laws and regulations apply. It does not matter whether the hiring company is a foreign company or a Japanese subsidiary. Whether or not the labor laws and regulations apply is determined based on whether or not the worker is working in Japan. Thus, Japanese law seeks to enforce the application of Japanese labor laws and regulations to all persons working in Japan, regardless of the nationality of the worker or the location of the employer, and to implement national policies related to labor relations. Therefore, when a foreign company establishes a subsidiary in Japan or directly hires workers to work in Japan, it is important to have an understanding of Japanese labor laws and regulations. At Kuribayashi Sogo Law Office, we explain the Labor Standards Law and other Japanese labor laws and regulations in both English and Japanese to ensure that our clients have an accurate understanding of the Japanese labor laws and regulations. In addition, when employing people in Japan, it is necessary to file various notifications with the tax office, the social insurance office, and the Labor Standards Inspection Office, such as business start-up notifications and 36 agreements. We can file these notifications on behalf of corporations that are starting new businesses. In addition, when hiring someone, it is necessary to prepare an employment contract, a notice of employment conditions, and employment regulations. Kuribayashi Sogo Law Office prepares these documents in English and Japanese. In particular, we draft employment regulations that are in harmony with the Japanese labor laws and regulations while maintaining the letter and spirit of the employment regulations in the home country, while paying attention to the labor policies of each company. In addition to the drafting and notification of various rules and regulations, various legal issues related to disciplinary actions and dismissal of workers may arise in the actual employment setting. In one case in which we advised a subsidiary of a foreign company, some of the employees joined a union and demanded collective bargaining, and another case in which we dismissed an employee during his probationary period, and the employee filed a petition for a labor tribunal. Kuribayashi Sogo Law Office provides legal services to foreign companies and subsidiaries of foreign companies in advising on employee dismissals, union negotiations with labor unions, labor tribunals, and labor-related litigation. Kuribayashi Sogo Law Office not only provides mere legal advice, but also directly attends union negotiations on behalf of the company and drafts Settlement Agreements through consultative negotiations with unions on its behalf. In labor tribunal cases and labor-related lawsuits, we represent the company in pursuing litigation, propose litigation tactics based on the knowledge we have gained through labor-related lawsuits, and prepare evidence and written opinions based on interviews with the parties involved. We are also actively involved in the pursuit of litigation and settlement discussions.
Fees (excluding consumption tax)
We offer fixed-fee services for drafting employment contracts and employment regulations in English. For employment contracts, we can prepare a typical employment contract using our standard form for 50,000-100,000 yen. On the other hand, the preparation of employment regulations in English generally costs from 400,000 to 600,000 yen, as they include many of the requirements and conditions of each company and the employment regulations themselves contain a considerable number of clauses. When preparing employment contracts and employment regulations, we respond to inquiries from clients in English, so that they can fully understand the Japanese labor laws and regulations. We also represent clients in collective bargaining negotiations with labor unions on a lump-sum basis for a fixed fee ranging from 400,000 yen to 1,000,000 yen, depending on the nature of the case. This includes preparation and strategy for collective bargaining, preparation of evidence, attendance at collective bargaining sessions, representation in negotiations, and drafting of settlement agreements. In addition, we accept dismissed employee’s labor tribunal petitions and labor-related lawsuits for a time charge or a fixed fee. In the case of fixed fees, the fee will be based on a starting fee and contingency fee system, and the amount of compensation will be calculated with reference to the former Japan Federation of Bar Associations’ Remuneration Rules. However, if translation of documents or preparation of evidence in English is required because we represent a foreign company or a Japanese subsidiary of a foreign company, we will charge an additional fee for the translation.
