Ohara & Furukawa, Author at Ohara & Furukawa

February 23, 2016

Are oral contracts enforceable under Japanese law?

Japanese contract law, like the contract law of many other countries, does not require documentation to formalize a contractual relationship. In other words, contracts can be formed orally, without putting anything in writing, as long as there is a valid “offer” by one party and an “acceptance” by the other. However, while formalized documentation of a contract is not necessary, it can be very difficult to prove the content of a contract in court unless it was put into a writing signed by both parties.

February 23, 2016

Is it possible to appoint an agent to run your business in Japan?

Under Japanese law, an agent is someone who can act on behalf of another party. Normally this situation arises in the context of one party affirmatively granting agency powers to another party, such as the grant of a power of attorney. However, agency relationships can also arise as a result of employment contracts or a guardianship.

February 23, 2016

Do companies have a responsibility to enroll foreign nationals in the employee pension insurance system?

The Employee’s Pension Insurance (EPI) is the mandatory national pension plan set up by the Japanese government. Participation is mandatory and all full-time employees who work for companies in Japan with 5 or more employees must be covered by the EPI. Part time workers are also covered if his or her work arrangements resemble those of a regular worker.

February 23, 2016

Can foreign nationals participate in Japan’s health insurance system?

Japan’s Employee Health Insurance (EHI) System provides health insurance for workers in Japan. Employers are responsible for enrolling their employees in EHI and all employees who work for companies of more than five people must be covered. This applies equally to Japanese employees and foreign nationals. Part time workers whose work arrangements and duties resemble full time workers must also be covered by the EHI.