Labor and Employment Law
The effective management of human resources and appropriate handling of various labor and employment related issues is essential for companies to grow sustainably. DT Legal Japan offers comprehensive services to support client companies to resolve a diverse range of such issues in close coordination with attorneys, tax accountants, accountants and other specialists from member firms of Deloitte Touche Tohmatsu Limited (“DTTL”).
Global Network and Collaboration with Tax Professionals
Companies must implement proper HR systems in a timely manner to grow and expand their business. They may also need to revise these systems as a result of M&A transactions or group restructuring. However, the implementation of new HR systems attractive to employees while taking into account tax and other costs requires not only the collection of industrial information, but also the effective handling of legal, tax and accounting issues. DT Legal Japan offers comprehensive services both in planning and implementation phases through close coordination with tax accountants, accountants, consultants and other specialists from DTTL member firms.
Support for Japanese Companies
Japanese companies doing business worldwide must comply with labor and employment laws and regulations not only in Japan but also in other countries in which they conduct business. These laws and regulations vary between jurisdictions because of their unique cultural implications, and thus it is significantly important for the companies to obtain accurate information and appropriate advice from legal specialists of the relevant country.
DTTL consists of member firms in over 150 countries around the world. DT Legal Japan, Deloitte Legal’s member firm in Japan, supports Japanese multinational companies to collect necessary information and advice in a timely manner as well as help Japanese head offices effectively achieve foreign subsidiary/branch governance and appropriately handle labor and employment issues of these foreign subsidiaries and branches.
Support for Multinational Companies Operating Business in Japan
Multinational companies tend to implement global HR systems or policies in their subsidiaries and branches across the world. However, the implementation of such global HR systems or policies in their Japanese subsidiaries or branches may result in violation of Japanese law or regulation or inconsistencies with local practices. DT Legal Japan provides assistance to these companies in implementing global policies properly based on labor and employment laws and practices in Japan. Also, such companies sometimes have difficulties in handling day-to-day HR issues (e.g., employees with poor performance and harassment claims from employees). Dealing with these issues requires a deep understanding of, and appropriate communications with, Japanese local staff. Attorneys at DT Legal Japan are much experienced in giving advices to non-Japanese multinational companies and offer support for a wide range of HR issues by directly providing advices to their head and regional offices.
Legal Services for Labor and Employment Related Issues
1. Support for Japanese multinational companies starting business overseas, which include
● preparation of secondment agreements
● research on local regulatory issues related to labor law
● preparation of HR policies, employment contracts, of foreign subsidiaries/branches
2. Support for Japanese multinational companies for foreign subsidiary/branch governance, which include
● preparation of group-wide policies
● advice on labor issues, such as termination of local staff
3. Support for multinational companies starting business in Japan, which include
● advice on hiring general managers, employees and consultants
● preparation of secondment agreements, employment contracts and consultancy contracts
● preparation of employment and other policies
● localization of global HR policies and manuals
4. Advice on HR issues resulting from M&A transactions, organizational restructuring, branch closures, etc., which include
● transfer of employees, reduction in workforce, etc.
● unification of HR systems and labor conditions after M&A/restructuring/closure
5. Implementation or revision of wage/retirement benefit system (defined contribution or benefit plans)
6. Advice on day-to-day HR issues, which include
● employees’ poor performance, sexual or power harassments, mental health issues, long work hours and contract workers, termination, disciplinarily actions, etc.
● support for communication with labor standards inspection offices and other authorities
7. Dispute resolution, which include
● acting as a litigator in labor tribunal proceedings, lawsuits
● representing companies in out-of-court negotiations with employees
8. Labor union issues, which include
● preparation for, or representing companies in, collective bargaining sessions and unfair labor practice proceedings, etc.