FAQ Archives - Page 3 of 14 - Ohara & Furukawa

November 14, 2018

Mandatory Provisions for Japanese Contracts

For the most part, parties have freedom of contract in Japan and are allowed to include, or not include, whatever they want in their contract. However, there are exceptions to this generally lenient rule and the Japanese Civil Code does set forth some cases which require mandatory provisions for Japanese contracts . Certain contracts are subject to special mandatory provisions that are automatically inserted into the contract by law. One example is for contracts governing the lease of land for the purpose of owning a building. The Land Lease and House Lease Act provides that these contracts shall have a […]

August 2, 2018

Contracts and Public Policy In Japan

It is necessary to have an adequate understanding of Japanese law to ensure that a contract does not violate public policy in Japan. The interaction between contracts and public policy in Japan is a complex one. Parties in Japan are free to contract regarding almost anything but contracts that are against public policy are considered void. This makes sense and most people would agree that the concerns of public health and safety outweigh the parties’ right to enforce a contract for the sale of illegal drugs. However, there is no specific line to determine which contracts will be considered as […]

January 3, 2018

Is an employee entitled to normal salary while he or she recovers from a work injury in Japan?

All workers who work in Japan are covered by compensation for accidents sustained at work or accidents sustained while commuting to or from work. This protection applies equally to Japanese and foreign workers working in Japan. In cases where an employee is injured while at work, the employee is entitled to receive compensation during his or her absence from work in addition to having his or her medical expenses covered. This benefit can vary depending on the situation but it should amount to about 80% of the injured employee’s normal salary. This benefit will start to accrue starting after the […]

December 8, 2017

Does a company have to give notice before firing an employee in Japan?

In Japan, employers must usually give at least 30 days notice before terminating an employee’s employment contract. If the employer gives less than the required notice, he or she must make up for the lack of notice by paying a full day’s salary for each day the notice was insufficient.