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Employment Questions about itigation, wage, overtime and dismissal

Questions about Employment

Negotiation and litigation for recovering overtime pay are one of the most frequent types of cases we handle and where we have been highly successful. We will examine together whatever evidence you may have, calculate the amount of unpaid wages, negotiate with your employer and file a lawsuit as required, and do our best to recover as much overtime pay as possible.

One of the most frequently used measures are the labor tribunal.  This is a dispute resolution process at the court, where the Labor Tribunal Committee comprised of a judge and 2 other employment experts hears the case within 3 hearing sessions.  The Committee will suggest a settlement proposal, which the parties may decide whether or not to agree to. If the suggested proposal is not accepted by the parties, the Committee will render a labor tribunal decision. Mediation at the local Labor Bureau and regular litigation are also among the other measures that can be considered. Actions that should be taken may vary depending on your situation. We will hear the details about your case and suggest the most suitable action for you.

There are 3 options for your health insurance after the termination of your employment:

  1. National Health Insurance
  2. Voluntary continuation of your current health insurance
  3. Join the health insurance of your family (non-working dependent)
  You have to have been continuously covered by the health insurance for at least 2 months.  The application must be made within 20 days from the date of termination. We would be happy to advise you the most suited coverage as well as the required documentation.

The amount of unemployment benefits varies depending on your age, wages, and how long you have been insured. 

The period that you are eligible for receiving the benefits also vary. We would be happy to estimate the rough amount of your unemployment benefits with you

Some of the measures for making your supervisor stop the harassment include the following:

- Consult the internal hotline or HR
- Ask other supervisors to tell your supervisor
- Consult external sources (see below)
-Labour Standards Inspection Office
-Telephone Consultation Service for Foreign Workers
-Labour Standards Advice Hotline
-Guide to Labour Bureaus with Foreign Workers Consultation Service (Advisor for Foreign Workers
- Send a content-certified mail

In any case, you need to collect evidence to take effective actions. We would be happy to advise you on what kind of evidence is required and how you can prepare the evidence.

We charge 8,000 yen (tax inclusive) for the fee for the first consultation. 

Our fee varies depending on multiple factors, such as the complexity of the case and the anticipated lead time to reach a solution. However, our fee level is in line with the standard created by the Japan Federation of Bar Associations. The fee payment option is either of i) retainer fee + success fee or ii) time charge.

The average duration of a regular litigation is a bit less than 8 months.  For an employment tribunal, the average duration is less than 2 months. This does not include the time required for the preceding negotiation and drafting of a legal complaint, which normally takes around 2-4 months.

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