I was employed by a foreign-affiliated company (head office and place of work: within the 23 wards of Tokyo) and was suddenly dismissed without any notice or explanation of the reason, saying that I would be dismissed today. Is it possible for me to contest my dismissal in Japan? My employment contract states that it will be “governed by and construed in accordance with the laws of the State of New York”.
2022/5/17
Yes, you can.
If the employer’s head office or place of business is located in Japan, or if the place where the work was performed under the employment contract (or, if no place is specified, the place of business where the worker was hired) is located in Japan, then the Japanese courts will have jurisdiction over the case.
Therefore, if the employer’s head office and place of work are both in the 23 wards of Tokyo, the Tokyo District Court will have jurisdiction.
If the employment contract stipulates that New York State law is the governing law, the New York State law will be used as a general rule to determine the case. If the worker has indicated to the employer that a particular mandatory law of the jurisdiction with which the worker has the closest relationship should be applied, the mandatory law will apply to the formation and validity of the labor contract.
In Japan, it is understood that restrictions on dismissal fall under the category of mandatory regulations, and therefore, if Japanese law is recognized as being the most closely related to the place, confirmation of status may be granted even if the employment contract states that the employee can be dismissed immediately.
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