The Unibanco Letters - Dual-Hatting Regulations and Global Enforcement
Establishing the Japan Presence - Employment
Agreements - Certain Provisions
Treatment of Typical Employment Provisions
• Discrimination:
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Employers are prohibited from discriminating on the basis of gender, race, membership in
a labour union, nationality, creed, social status, and family origin
- Compared to the United States, there are fewer protected classes
• Harassment:
-
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There are laws against sexual harassment similar to those in other jurisdictions
In addition, there is a concept of "power harassment" which has recently received greater
attention
• Protective Provisions:
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Protective provisions, such as noncompetition, nonsolicitation, and confidentiality
provisions, are enforced in Japan, largely on a case-by-case basis dependent on the
particular facts
Injunctions are typically more difficult to obtain and it is rare to be able to enjoin an
employee from leaving an employer or from beginning employment in a new firm; the
typical remedies are limited to monetary damages
Morgan Lewis
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