Understanding International Labor And Employment Policy: A Primer For Multinational Employer Operating In A Global Economy (Japan)

• Published in: Defense counsel journal Vol. 81; no. 3; pp. 263 - 271
• Main Authors: Higashizawa, Noriko, Hirai, Michael T.
• Format: Journal Article
• Language: English
• Published: Chicago International Association of Defense Counsels 01.07.2014; International Association of Defense Counsel
• Subjects: Class action lawsuits; Court hearings & proceedings; Employees; Employers; Employment discrimination; Hiring; Human resource management; International business enterprises; Judges & magistrates; Labor disputes; Labor law; Labor unions; Laws, regulations and rules; Mediation; Multinational corporations; Overtime; Overtime pay; Social media; Social networks; State court decisions; Wages & salaries; Workers; Japan
• ISSN: 0895-0016; 2376-3906
• DOI: 10.12690/IADC-14-011

Foreign companies hiring personnel in Japan may soon come to realize that many of their beliefs about Japanese employees do not exist. There is a stereotype that Japanese are non-litigious. This stereotype is inapplicable when it comes to employees asserting their legal rights in the workplace. As "at will" employment is not recognized in Japan, hiring the right employees is a key concern of employers. This paper will briefly discuss certain matters that employers need to consider when hiring a Japanese workforce. In Part I, the authors will give a brief introduction on how wage and discrimination claims are handled in the absence of class action lawsuits. Part II addresses the changing role of unions in Japan, including recent trends. Part III discusses the impact of social media in the work force and ways in which Japanese employers are addressing social media and privacy issues in the workplace.