Ohara & Furukawa, Author at Ohara & Furukawa

June 13, 2017

What is the family registration system in Japan?

The family registration system is used in Japan to register Japanese citizens from birth until death. In this way, the family register acts as a birth certificate, death certificate, proof of marriage and proof of divorce. It also can be used to certify Japanese citizenship. The family register, as the name suggests, is based upon familial relationships and parents, children and spouses will all usually be listed in the same register under a shared last name.

June 8, 2017

Is it easier for spouses of Japanese nationals to become Japanese permanent residents?

In order to obtain Japanese permanent residency, there is a list of requirements that the applicant must meet. Some of these requirements include the amount of time spent living in Japan, proof of good conduct and sufficient economic resources, among other things. However, for spouses of Japanese citizens, these requirements are relaxed in order to make it easier for them to obtain permanent residence in Japan.

June 6, 2017

What is an Undertaking Not to Compete?

An undertaking not to compete is a clause often used in commercial contracts in industries where competition is fierce. The clause aims to prevent a partner company or employee from engaging in business with a competitor during the term of the contract. In some cases, the undertaking not to compete, also sometimes called a non-compete clause, may prevent competition even after the contract ends for a set period of time.

June 2, 2017

Does Japanese labor law apply to labor contracts governed by foreign law?

Companies and employees are free to set the governing law for employment contracts however they wish. This is particularly helpful for a foreign company that wishes to draft employment contracts that will be enforced according to the laws of its home country. However, in general, employees in Japan may still take advantage of Japan’s protective employment laws, such as the Labor Standards Law, even if their employment contract is governed by a foreign country’s laws.