I applied online for a job at a company in the Netherlands, where remote working is allowed. I had an employment contract with no fixed term, but after about two years of working there, I started to receive persistent encouragement to resign, and I was subjected to power harassment by my boss, including racist comments. After about six months of this, I was suddenly told that I would be dismissed from my job today, and I was dismissed. Is it possible for me to file a lawsuit in Japan to confirm my status and claim damages for mental anguish caused by the power harassment?

2022/5/17

Please refer to Q1 A for information on whether a lawsuit can be filed in Japan and the applicable law. If you are working in Japan, it is possible to file a claim for dismissal to the Japanese courts.
In regards to the lawsuit for damages, if you reside in Japan, you can file a lawsuit with the court that has jurisdiction over your place of residence, because the place of performance of the obligation, i.e. the place of residence of the creditor (victim), has jurisdiction (Please note that if the applicable law is foreign law, the harassment act must be not only illegal under foreign law but also illegal under Japanese law, and punitive damages, which are not allowed under Japanese law, will be dismissed.
Please note that even though you can file a case in Japan, it will be necessary to translate and serve the complaint and other documents on the employer abroad (if the employer entrusts a Japanese lawyer, there is no need for service and translation). This can take several months to a year or more in some cases (in the case of provisional injunctions, service can be effected by EMS, which means that the process can be carried out in the time taken for normal postage, however, the choice of procedure depends on the case and we recommend that you consult a lawyer) and even if you win your case, enforcement can be difficult.