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  2024.05.27

  • Judicial decisions

  The Supreme Court reversed the second trial court’s decision to deny the application of the deemed working hours system outside the workplace, and sent the case back to the High Court.

  On April 16th, the Supreme Court (Presiding Judge Yukihiko Imazaki) overturned the ruling of the second instance, which had denied the application of the deemed working hours system for work outside the workplace, and remanded the case to the Fukuoka…

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  2024.05.23

  • Judicial decisions

  Supreme Court Rules that Reassignment Without Consent is Illegal in the Case of Duty Limitations

  The Labor Contract Act stipulates that "workers and employers may change the working conditions, listed in the employment contract, by mutual agreement." In a lawsuit where the illegality of a transfer order was contested in the case of an agreement …

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  2022.06.30

  • Judicial decisions

  Unfair Dismissal – A court case to determine if the dismissal of a department head with an annual salary of 42 million yen unfair – please consider reviewing your Company’s employment regulations!

  This is an explanation of the ruling by the Tokyo District Court at the end of last year. At the end of last year, I saw this eye-catching title of an article  in the social pages of some newspapers, and I was finally able to obtain the full text of…

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  2022.03.31

  • Judicial decisions

  Summary of Childcare Leave Law revision

  It is often said that Japan's Childcare Leave Law is complicated and difficult to understand. The revised Childcare Leave Law will come into effect sequentially in April and October 2022, making Japan's Childcare Leave Law even more complicated. Nev…

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  2018.07.26

  • Judicial decisions

  Nagasawa Transportation and Hamkyorex Supreme Court Rulings 2/3 Hamakyorex Case

  As in part 1 of this series of 3 we look at the rulings handed down on June 1 around “Same Job Same Pay.” This time we are going to look in more details at the Hamakyorex Case and the allowances that are part of salary. We will also look at thes…

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  2018.07.10

  • Judicial decisions

  Nagasawa Transportation and Hamakyorex Supreme Court Rulings: 1/3 The Nagasawa Transportation Case

  Two  transportation companies in Japan have had their non-full time employees (both rehired after retirement and fixed term workers), take cases all the way to the Supreme Court in Japan, claiming that they should be entitled to the same al…

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  2018.05.08

  • Judicial decisions

  Same Work Same Pay: A review of rulings

  In the ordinary Diet session, important key legislation is not being deliberated but instead the abnormal situation continues, however we have compiled the recent case rulings around the “Same Job Same Pay” which is a large part of the collectiv…

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  2018.04.02

  • Judicial decisions

  Same Job Same Pay – Japan Post Update Additional Osaka rulings

  As we have previously informed, last autumn in the Tokyo District Court the Japan Post Office was challenged on not paying workers fairly, using the “Same Job Same Pay” principle regarding a number of allowances which were paid to full time empl…