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HR and Employment-related Disputes

HR and employment-related issues regularly occur in the context of employment relationships and exist in nearly every company regardless of the industry sector. In the past, those issues were addressed mainly from a business administration perspective and regarded as limited to the HR and employment management field. Also, most of the HR and employment-related legal disputes consisted of isolated, one-off events over matters regarding the relationship between the company and an individual employee, such as a disciplinary action or dismissal.

Thereafter, as the disputes centered on the manufacturing industry, there was a gradual increase in collective disputes, such as disputes on ordinary wage and in-house subcontracting. Further, a sharp increase has been witnessed in the number of legal disputes on collective labor-management relations, such as disputes caused by or through plural labor unions, collective bargaining, industrial action, and unfair labor practice. Moreover, recently, HR and employment-related legal disputes in new fields emerged, such as issues on management of employees with poor performance, technical professionals leaving their employment, and industrial safety. In short, the possible repercussions on corporate management caused by HR and employment-related legal disputes are becoming more complex day by day.

BKL’s HR and Employment-Related Dispute Resolution Group consists of professionals, ranging from attorneys having served as judges or prosecutors with extensive experience in handling labor-related cases, attorneys specialized in HR and employment-related issues, experts having worked for related governmental organizations such as the Ministry of Employment and Labor, and to certified labor consultants with experiences in handling practical matters for companies. Under a well-organized system and excellent teamwork, the practice group has handled diverse HR and employment-related cases, and thereby accumulated rich experience and expertise in the field. By using all these capabilities, BKL’s HR and Employment-Related Dispute Resolution Group provides excellent legal services tailored to the clients’ needs—and as a result, the team has successfully handled a considerable number of high-profile cases and achieved remarkable records.

Considering that HR and employment-related disputes are prevalent in various fields and is becoming more and more important, BKL’s HR and Employment-Related Dispute Resolution Group cooperates with in-house experts on corporate legal affairs, corporate litigations, taxation, fair practice, or criminal cases, depending on the issue to be addressed. The team is fully prepared to achieve the best results in every aspect.

Major practice areas are as follows:
Disputes on Personnel Measures (dismissal, etc.)
Disputes on dismissal, affirmation of the nullity of a disciplinary action, unfair dismissal, application for a remedy against an unfair disciplinary action
Disputes on transference, transfer of family register, wait for being assigned, personnel evaluation
Disputes on personnel measures against employees with poor performance

Disputes on Wage
Disputes on the payment of wage, severance pay and statutory allowance
Disputes on the calculation of ordinary and average wages
Cases on petitions filed to the Regional Ministry of Employment and Labor on account of overdue wages

Disputes on Legal Nature of Employee
Disputes on the legal nature of a company’s officials, employees under a delegation contract

Disputes on No-regular Workers-related Matters (in-house subcontracting, fixed-term employment, etc.)
Disputes arising from a lawsuit for affirmation of the status of an employee having worked under a subcontract or illegal dispatch
Criminal cases involving a breach of the law in relation to protection of dispatched employees
Disputes on fixed-term worker’s right to expect renewal of its employment contract
Disputes on a remedy of discrimination against fixed-term workers

Disputes on Industrial Safety
Disputes on industrial accident compensation
Response to criminal cases involving a Regional Ministry of Employment and Labor and the prosecution upon occurrence of industrial safety accidents

Disputes related to Labor Unions
Disputes on activities by a labor union and the employer’s facility management
Disputes on a labor union’s demand of collective bargaining
Disputes on a labor union’s industrial action, such as a strike
Disputes on an application for remedy of an unfair labor practice

Labor Injunctions
Cases on preliminary injunctions prohibiting an employee leaving his or her current employment, prohibiting disturbing union activities, demanding consent to collective bargaining, or suspending the effect of dismissal and other disciplinary actions

Others
Disputes on corporate restructuring, such as divestiture and merger, and labor relations
Disputes on the listing of a stock company and the issuance of employee stocks
Disputes on employee’s personal information
Cases on a petition filed to a related governmental organization
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