Employment Law — For Employees
Employment lawyers in Tokyo for English-speaking employees
Yoshikawa Law Firm represents English-speaking employees in Japan — including employees of foreign-capital (gaishikei) and multinational companies, as well as Japanese companies — in negotiations with employers, labor tribunal proceedings and litigation. Whether you want to keep your job or to leave on better terms, we handle dismissal, requests to resign, PIPs, severance packages and separation agreements, and non-renewal of fixed-term employment contracts, from our Tokyo office.
The first 30 minutes of your initial consultation are free.
We will normally send an initial response within two business days of receiving your inquiry.
Reviewed by Keishi Yoshikawa, Attorney at Law and Patent Attorney (Dai-Ichi Tokyo Bar Association)
Contents
- What we advise on: severance packages, dismissal, requests to resign and non-renewal
- How we handle severance negotiations
- Employees of foreign-capital (gaishikei) and multinational companies
- Former judges with experience hearing employment cases
- Articles by situation
- Frequently asked questions
- How a consultation works
- Free initial 30-minute consultation in English and fees
- What to have ready
- Our lawyers
- Request a consultation in English
What we advise on: severance packages, dismissal, requests to resign and non-renewal
Some employees want to contest the dismissal and remain employed. Others have already decided to leave and want the severance package, the end date and the separation agreement negotiated on their behalf. We advise on both, and on moving between the two as negotiations develop.
- Negotiating severance packages and separation terms with employers — the additional payment, the end date, garden leave, unused paid leave, bonuses and equity compensation (RSUs, stock options), the scope of any release of claims, references and payment terms — and reviewing the proposed separation agreement
- Assessing the validity of a dismissal (ordinary, disciplinary, redundancy, or refusal of regular employment after probation), and the negotiation and procedures that follow
- Responding to a request to resign, a PIP (performance improvement plan) or a proposed separation agreement
- Non-renewal of fixed-term contracts, and dismissal before a contract ends
- Terms of re-employment at the mandatory retirement age and terms of departure where you are not re-employed
- Claims for unpaid wages, overtime and statutory notice pay connected with a dismissal
- Representation in labor tribunal proceedings, conciliation at the Labor Bureau, and litigation
- Disadvantageous treatment on the ground of nationality, and harassment, connected with a dismissal, a request to resign or non-renewal
We do not handle applications, changes or notifications concerning status of residence. If you wish, we can refer you to a specialist who handles immigration matters.
How we handle severance negotiations
You can instruct us to negotiate the terms of your departure without seeking to keep your job or to return to it. After you instruct us, we review any terms proposed, the company's explanation and the documents, agree the negotiating approach with you, and negotiate with the company within that approach; whether to accept the final terms is your decision. For the steps in detail, see Severance package negotiations in Japan: working with a lawyer.
Employees of foreign-capital (gaishikei) and multinational companies
If you work for the Japanese subsidiary or branch of a foreign company, Japanese employment law applies to your employment in Japan in the same way as it applies at a Japanese company. A dismissal that lacks objectively reasonable grounds and is not appropriate in general social terms is void (Labour Contract Act, Art. 16), whoever the parent company is, and a clause in your contract choosing the law of another country does not by itself exclude the mandatory protections of Japanese labour law (Act on General Rules for Application of Laws, Art. 12).
Typical situations at foreign-capital employers include: a PIP followed by a request to resign; a headcount reduction decided at headquarters and applied to the Japan office; a severance offer set out in an English-language separation agreement drafted to a group template, with a release of claims, foreign governing-law or jurisdiction clauses and non-compete or non-disparagement terms; and questions about RSUs, stock options and bonuses under the parent company’s plan. We advise on each of these, negotiate with the Japanese entity and its counsel, and review documents issued by the parent company.
We also act for employees of Japanese companies. Consultations, meetings and correspondence are in English.
See also: Dismissed or asked to resign by a foreign-capital (gaishikei) company in Japan?
Former judges with experience hearing employment cases
Our team includes Shoichi Hara and Hideyuki Idenawa, both former judges in Japan who heard employment cases. We review employment disputes in two contexts, drawing on that experience. First, we assess the evidence and arguments relevant to negotiations over a severance package or the terms of a separation agreement, even if no proceedings are started. Second, we consider the evidence, arguments, and procedural issues relevant to labor tribunal proceedings or litigation.
Articles by situation
Told you are dismissed
Fired in Japan? What to do next
Position eliminated, restructuring
Laid off in Japan? Redundancy dismissals and your options
Asked to resign
Asked to resign in Japan? What to check before you sign
Put on a PIP
Put on a PIP in Japan? What it means and how to respond
Offered a severance package
Severance pay in Japan: entitlements and negotiated packages
Contract not being renewed
Contract not renewed? The five-year rule and your options
Working at a foreign-capital company
Dismissed or asked to resign by a foreign-capital (gaishikei) company in Japan?
Probation extended or employment terminated
Probation in Japan: extension and dismissal
Full guide: is the dismissal valid, and how to contest it → Unfair Dismissal in Japan — Advice for Employees
Frequently asked questions
Yes. Our English-language service is for employees of foreign-capital (gaishikei) and multinational companies in Japan — the Japanese subsidiaries and branches of foreign groups — as well as employees of Japanese companies. Japanese employment law applies to employment in Japan regardless of where the parent company is based.
Yes. You can instruct us solely to negotiate the terms of your departure: the amount and breakdown of the severance payment, the end date of employment, garden leave, unused paid leave, bonuses and equity compensation, the scope of any release of claims, and the wording of the separation agreement. Contesting the dismissal is not a precondition for negotiating, although the strength of a potential challenge is part of the negotiating position.
Yes. Where a dismissal lacks objectively reasonable grounds and is not appropriate in general social terms, we can seek confirmation that the employment relationship continues, through negotiation, labor tribunal proceedings or litigation. Disputes of this kind are frequently resolved by a negotiated settlement, and we discuss with you at the outset which outcome to aim for.
A choice of foreign law does not by itself exclude the mandatory protections of Japanese labour law for work performed in Japan (Act on General Rules for Application of Laws, Art. 12), and an agreement cannot uniformly exclude bringing a future employment dispute before the Japanese courts (Code of Civil Procedure, Arts. 3-4 and 3-7). We review the governing-law, jurisdiction and release clauses before you sign.
No. We do not handle applications, changes or notifications concerning status of residence. If you wish, we can refer you to a specialist who handles immigration matters.
How a consultation works
1. Send the English inquiry form
Give your employer's official name and, as far as you know them, any related companies, staffing agency or client company (we use these to check for conflicts of interest). Also give contact details you control, your reply deadline to the company, and the end date of employment the company has stated.
2. Initial contact and conflict check
When you submit the form, you receive an automatic acknowledgment of receipt. We will normally send a separate initial response within two business days of receiving your inquiry. We check for conflicts of interest in parallel with our initial communications. This includes checking whether our firm or its lawyers have advisory or client relationships with anyone involved. We may ask you for further information.
The two-business-day timeframe is for our initial response. Completing the conflict check and arranging a consultation may take longer. Once the conflict check is complete, we will let you know whether we can offer a consultation. Depending on the result, we may be unable to offer a consultation or accept instructions.
3. Initial consultation
Online or at our office. We discuss your circumstances and objectives, identify the main issues and explain possible next steps. Whether you want to remain employed or negotiate the terms of your departure, we discuss an approach suited to your situation.
4. Strategy and fees
If you instruct us for negotiation or proceedings, we explain the scope of work, how fees are calculated, expenses and an estimate, and agree the terms in writing before starting.
Sending the form does not by itself engage us for negotiation or proceedings.
Free initial 30-minute consultation in English and fees
Yoshikawa Law Firm offers English-speaking employees in Japan a free initial consultation for the first 30 minutes. We discuss your circumstances, identify the main issues and explain possible next steps.
The free 30-minute consultation described on this page is limited to employee-side employment matters.
Any further consultation or other legal work is subject to fees explained and agreed with you in advance. Detailed document review, drafting, negotiation and representation in proceedings require a separately agreed scope of work.
If you instruct us for negotiation or proceedings, we explain the scope of work, how fees are calculated, expenses and an estimate, and agree the terms in writing before starting. For severance negotiations, the proposal sets out the basis of the fee and an estimate before you decide whether to instruct us, so that you can weigh it against your employer's existing offer.
What to have ready
- Your employment contract, written statement of working conditions or offer letter
- the work rules, if you can get them
- the dismissal notice or emails and letters about the request to resign
- recent payslips
- your record of exchanges with the company (emails, chat, meeting notes)
- any draft separation agreement you have been given
Not having all the documents is no reason to delay. Please do not send confidential company material until we have confirmed that we can act for you.
Our lawyers
Keishi Yoshikawa · Shoichi Hara · Hideyuki Idenawa · Shino Sakakibara
Our work draws on experience in employer-side labor matters and in hearing employment cases as judges. English-language employment matters are handled by Keishi Yoshikawa, Shoichi Hara, Hideyuki Idenawa and Shino Sakakibara. Mr. Hara and Mr. Idenawa served as judges and heard employment cases. See each lawyer's profile for their background. The lawyers in charge are decided for each matter. Consultations, meetings and correspondence are in English. Court proceedings (labor tribunal and litigation) are conducted in Japanese, so we explain separately what translation or interpreting is needed and its cost. Our lawyers
Request a consultation in English
Tell us your employer's name, what has happened and any deadlines. The first 30 minutes of your initial consultation are free. We will normally send an initial response within two business days of receiving your inquiry. We check for conflicts of interest in parallel with our initial communications.
Before you send the form
The first 30 minutes of your initial consultation are free. Any further consultation or other legal work is subject to fees explained and agreed with you in advance.
We will normally send an initial response within two business days of receiving your inquiry. The automatic acknowledgment sent after you submit the form is separate from our initial response. We check for conflicts of interest in parallel with our initial communications. The two-business-day timeframe is for our initial response. Completing the conflict check and arranging a consultation may take longer.
Negotiating with your employer or representing you in proceedings requires a separately agreed scope of work. Submitting this form does not by itself engage us, and we do not take responsibility for any deadline unless and until we have agreed to act for you.
Sending the form does not engage us. Please do not send confidential company material until we have confirmed that we can act for you.
This article is general information, not legal advice on your situation. Figures and procedures are as at the time of writing and may change. We do not handle applications, changes or notifications concerning status of residence; if you wish, we can refer you to a specialist who handles immigration matters. We do not act for both an employer and an employee in the same matter.
Contact
Request a consultation in English
Tell us your employer’s name, what has happened and any deadlines. The first 30 minutes of your initial consultation are free. We will normally send an initial response within two business days of receiving your inquiry. We check for conflicts of interest in parallel with our initial communications.
Request a consultation in EnglishSending the form does not by itself engage us for negotiation or proceedings. Please do not send confidential company material until we have confirmed that we can act for you.
This article is provided for general informational purposes only and does not constitute legal advice on any specific matter. Please consult us regarding your specific situation. The content is based on the laws and regulations in effect as of the date of the last update.