[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons

Other publications by Aiko Hosokawa

2026.04.01
Is Procedural Order No. 1 an Order of the Arbitral Tribunal or a Procedural Agreement between the Parties?
2026.03.10
Notes on a Governing Law Clause in International Contracts (4) Certain Governing Law Clauses Which Become Issues in Practice
2025.12.10
Notes on a Governing Law Clause in International Contracts (3) Applicable Law Notwithstanding a Governing Law Clause
2025.09.10
Notes on a Governing Law Clause in International Contracts (2)Limitation on Party Autonomy in the Governing Law Clause and the Effect of the Governing Law Clause on Non-Contractual Claims
2025.06.10
Notes on a Governing Law Clause in International Contracts (1) Purpose of a Governing Law Clause and Party Autonomy
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.05.10
The Role of Damage Experts in International Arbitration (JCA Journal - May 2024)
2024.03.19
[Court Case] Whether it is Legitimate to Demand Repayment of the Overseas Training Expenses from a Resigned Employee
2023.09.13
[Court Case] A Case in which the Company’s Claim for Damages against a Former Employee on the Grounds of Breach of a Non-competition Obligation was Dismissed
2023.06.23
100 Sports Arbitration Cases by Category - Points Determined in Arbitral Awards and Guidelines for Sport Dispute Resolution Practice -
2023.06.08
Introducing Amendments of Major HR and Labor-Related Laws and Regulations
2022.03.15
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2022.03.04
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2021.09.24
JCAA's Amended Expedited Arbitration Procedures, Reduced Administrative Fees and New Appointing Authority Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP)　- Japan Chapter
2020.12.10
Report of a German Case - Admissibility of a Dissenting Opinion in an Arbitral Award in Germany? -
2020.09.30
New Arbitration Rules Based on the Civil Law Tradition ―The 2018 DIS Arbitration Rules, the Prague Rules, and the JCAA Interactive Arbitration Rules
2020.01.31
The Basics and Practice of General Terms and Conditions
2020.01.24
Main Points of the Civil Code Reform regarding the Statutory Interest Rate
2020.01.24
Main Points of the Civil Code Reform regarding the Statute of Limitations
2020.01.21
DELOS Guide to Arbitration Places (GAP)　- Japan Chapter
2019.06.28
The New Interactive Arbitration Rules of the Japan Commercial Arbitration Association
2018.12.19
The “Sharing Economy” in Japan
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.22
Japanese Supreme Court Provides Guidance on Arbitrator’s Duty to Disclose a Potential Conflict of Interest in an International Arbitration
2018.06.13
The New DIS Arbitration Rules 2018 - Germany's Offer of an Attractive Arbitration Alternative - [JCA Journal, June 2018 Issue]
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2018.02.16
An Introduction to International Arbitration (2) – A comparative perspective – [JCA Journal, February 2018 Issue]
2018.01.16
An Introduction to International Arbitration (1) – A comparative perspective – [JCA Journal, January 2018 Issue]
2018.01.11
Report on the Arbitration Academy 2017 [JCA Journal, November 2017 Issue]

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Other publications by Yusei Kanehara

2025.06.18
[Court Case] A High Court Decision that Reversed a District Court Decision that Had Determined a Company’s Exercise of its Right to Change the Period of Requested Paid Leave was Unlawful, and Determined such Exercise was Lawful
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2023.09.13
[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid

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Other publications about HR, Pensions and Benefit Programs

2026.03.18
[Court Case] A Case in which a One-year Fixed-term Labor Contract was Found to Constitute a Probationary Employment Period under a Labor Contract without a Fixed Term for the Purpose of Assessing Professional Aptitude. 
2026.03.18
[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons
2026.03.18
[Court Case] A Case in which the Dismissal of a Mid-career Sales Employee during the Probationary Employment Period was Found Invalid
2025.12.17
[Court Case] A Case in which a Disposition of Non-payment of Retirement Allowance for Reasons including Embezzlement of Fares of 1,000 yen was Found Valid (A Case of a Local Public Employee)
2025.12.01
PANORAMIC NEXT - Labour & Employment 2025 - Japan Chapter
2025.06.30
Legal Issues and Challenges in Supporting the Balance Between Treatment and Work
2025.06.30
Analysis of the Sharp NEC Display Solutions Case, Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision
2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.02.01
Outline of the Freelance Act and Practical Points to Note
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2024.05.01
The Impact of the Judgment Rendered by the Third Petty Bench of the Supreme Court on March 26, 2024 on Corporate Practices on the Payment of Pre-retirement Death Allowances
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.30
Background and Challenges to the Promotion of Cancer Screening in the Workplace – Introduction to proper handling of non-statutory health information
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2022.04.01
Key Points and Things to Note Regarding the Amended Act on Childcare Leave and Caregiver Leave, Which will be Enforced in Phases from April 1, 2022
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

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Other publications about Labor Disputes and Proceedings

2026.03.18
[Court Case] A Case in which a One-year Fixed-term Labor Contract was Found to Constitute a Probationary Employment Period under a Labor Contract without a Fixed Term for the Purpose of Assessing Professional Aptitude. 
2026.03.18
[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons
2026.03.18
[Court Case] A Case in which the Dismissal of a Mid-career Sales Employee during the Probationary Employment Period was Found Invalid
2025.12.17
[Court Case] A Case in which a Disposition of Disciplinary Dismissal of Fire Defense Personnel was Found Valid for Reasons Including Excessive Guidance Over the Years
2025.12.17
[Court Case] A Case in which Worker Status was Denied with Respect to a Writer of Internet Articles
2025.12.17
[Court Case] A Case in which a Disposition of Non-payment of Retirement Allowance for Reasons including Embezzlement of Fares of 1,000 yen was Found Valid (A Case of a Local Public Employee)
2025.12.01
PANORAMIC NEXT - Labour & Employment 2025 - Japan Chapter
2025.09.17
[Court Case] A Case in which a Person who Reported Racial Harassment was Disciplined for his Post-Investigation Speech and Behavior
2025.09.17
[Court Case] Whether it Constitutes Power Harassment when a Superior Reprimanded his Subordinate via Email with Others Included as Recipients
2025.09.17
[Court Case] Issues Arising from Preparing a Contract with Working Conditions Different from Those in the Job Posting prior to the Commencement of Work
2025.06.30
Legal Issues and Challenges in Supporting the Balance Between Treatment and Work
2025.06.30
Analysis of the Sharp NEC Display Solutions Case, Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision
2025.06.18
[Court Case] A Case in which Status as a Person in a Position of Supervision or Management was Recognized for a Manager of a Used Car Dealership
2025.06.18
[Court Case] A High Court Decision that Reversed a District Court Decision that Had Determined a Company’s Exercise of its Right to Change the Period of Requested Paid Leave was Unlawful, and Determined such Exercise was Lawful
2025.06.18
[Court Case] A Case which Affirmed Non-renewal of a Fixed-term Employment Contract in Post-Retirement Re-Employment Due to Failure to Reach an Agreement on Changes to Less Favorable Terms and Conditions
2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.03.19
[Court Case] The Case Denying a Housekeeper who was Working Concurrently as a Home Nursing Caregiver from Being Considered a “Domestic Worker”
2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.12.18
[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.09.18
[Court Case] Obligation to Pay Wages for Non-working Hours due to 'Maternity Harassment'
2024.09.18
[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2024.06.20
Business Practice/Hanrei Riview ≪Case Studies≫ Sakai Hikkoshi center Case (The Tachikawa Branch of the Tokyo District Court, August 9, 2023, Rodo Hanrei No.1305, p.5）
2024.06.19
[Court Case] A Case in which a Reassignment Order for the Purpose of Personnel Management was Declared Valid
2024.03.19
[Court Case] Whether it is Legitimate to Demand Repayment of the Overseas Training Expenses from a Resigned Employee
2024.03.19
[Court Case] A Case in which Encouragement of Resignation upon Becoming Aware of the Employee’s Mental Disorder was Found to be an Act to Harm his Moral Interest and Held Unlawful
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.20
[Court Case] A Case in which the Application of the System of Deemed Working Hours Outside the Workplace was Denied for Medical Reps
2023.12.20
[Court Case] A Case in which Conclusion of a Labor Contract was Denied because an Agreement had not been Reached on the Wage Amount
2023.12.20
[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
[Court Case] A Case in which a Dismissal due to Winding-up of the Company was Found Valid
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.09.13
[Court Case] A Case in which the Delay in Providing the Results of an Investigation Regarding Harassment and the Like to the Person who Reported the Incident was Found to be a Breach of the Duty of Care for Safety and the Principle of Good Faith and thereby Constitute a Breach of Obligation
2023.09.13
[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid
2023.09.13
[Court Case] A Case in which the Client’s Breach of the Duty of Care for Safety was Recognized with Respect to Harassment toward a Freelancer
2023.09.13
[Court Case] A Case in which the Company’s Claim for Damages against a Former Employee on the Grounds of Breach of a Non-competition Obligation was Dismissed
2023.06.15
Business Practice/Hanrei Riview ≪Case Studies≫ Hagoromo Gakuen (Hagoromo International University) Case (Osaka High Court, January 18, 2023, Rodo Hanrei No.1285, p.18）
2023.06.08
Legal Protection for Freelancers - Legal Protection Laws for Freelancers and Worker Status under the Labour Union Law -
2021.12.20
Journal of management Lawyers Council No. 210 "Report of the 15th Conference for the Yearly Review of Important Court Decisions"
2019.12.20
Journal of management Lawyers Council No. 203 "Report of the 11th Conference for the Yearly Review of Important Court Decisions"
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)

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Other publications about Employment Consulting

2026.03.18
[Court Case] A Case in which a One-year Fixed-term Labor Contract was Found to Constitute a Probationary Employment Period under a Labor Contract without a Fixed Term for the Purpose of Assessing Professional Aptitude. 
2026.03.18
[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons
2026.03.18
[Court Case] A Case in which the Dismissal of a Mid-career Sales Employee during the Probationary Employment Period was Found Invalid
2025.12.17
[Court Case] A Case in which a Disposition of Disciplinary Dismissal of Fire Defense Personnel was Found Valid for Reasons Including Excessive Guidance Over the Years
2025.12.17
[Court Case] A Case in which Worker Status was Denied with Respect to a Writer of Internet Articles
2025.12.17
[Court Case] A Case in which a Disposition of Non-payment of Retirement Allowance for Reasons including Embezzlement of Fares of 1,000 yen was Found Valid (A Case of a Local Public Employee)
2025.12.01
PANORAMIC NEXT - Labour & Employment 2025 - Japan Chapter
2025.09.17
[Court Case] A Case in which a Person who Reported Racial Harassment was Disciplined for his Post-Investigation Speech and Behavior
2025.09.17
[Court Case] Whether it Constitutes Power Harassment when a Superior Reprimanded his Subordinate via Email with Others Included as Recipients
2025.09.17
[Court Case] Issues Arising from Preparing a Contract with Working Conditions Different from Those in the Job Posting prior to the Commencement of Work
2025.08.04
Doing Business In... 2025 Trends and Developments
2025.06.30
Legal Issues and Challenges in Supporting the Balance Between Treatment and Work
2025.06.30
Analysis of the Sharp NEC Display Solutions Case, Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision
2025.06.18
[Court Case] A Case in which Status as a Person in a Position of Supervision or Management was Recognized for a Manager of a Used Car Dealership
2025.06.18
[Court Case] A High Court Decision that Reversed a District Court Decision that Had Determined a Company’s Exercise of its Right to Change the Period of Requested Paid Leave was Unlawful, and Determined such Exercise was Lawful
2025.06.18
[Court Case] A Case which Affirmed Non-renewal of a Fixed-term Employment Contract in Post-Retirement Re-Employment Due to Failure to Reach an Agreement on Changes to Less Favorable Terms and Conditions
2025.04.15
The Challenges that We Face Today in Dealing with Anti-social Forces and Unfair Demands – Tokuryu (an anonymous, fluid criminal group), shady side-jobs and freelance
2025.03.24
Changes in the Practice of Extension of Fixed-term Labor Contracts in Shanghai (Too Late if Decision is Made at the Second Renewal)
2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.03.19
[Court Case] The Case Denying a Housekeeper who was Working Concurrently as a Home Nursing Caregiver from Being Considered a “Domestic Worker”
2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2025.02.01
Outline of the Freelance Act and Practical Points to Note
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.12.18
[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.09.18
[Court Case] Obligation to Pay Wages for Non-working Hours due to 'Maternity Harassment'
2024.09.18
[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2024.07.19
Doing Business In... 2024 Trends and Developments
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2024.07.01
Work-style Reform and the 2024 Logistic Problem
2024.06.20
Business Practice/Hanrei Riview ≪Case Studies≫ Sakai Hikkoshi center Case (The Tachikawa Branch of the Tokyo District Court, August 9, 2023, Rodo Hanrei No.1305, p.5）
2024.06.19
[Court Case] A Case in which a Reassignment Order for the Purpose of Personnel Management was Declared Valid
2024.06.19
[Column] "Personal Information" and "Privacy" that HR Staff Members Should Understand
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.20
[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
[Court Case] A Case in which a Dismissal due to Winding-up of the Company was Found Valid
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.07.18
Doing Business In... 2023 Trends and Developments
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2023.06.15
Business Practice/Hanrei Riview ≪Case Studies≫ Hagoromo Gakuen (Hagoromo International University) Case (Osaka High Court, January 18, 2023, Rodo Hanrei No.1285, p.18）
2023.06.08
Legal Protection for Freelancers - Legal Protection Laws for Freelancers and Worker Status under the Labour Union Law -
2023.06.08
Introducing Amendments of Major HR and Labor-Related Laws and Regulations
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2022.07.12
Doing Business In... 2022 Trends and Developments
2022.04.27
Addressing Legal Issues Relating to the Resurgence of Covid-19 in China - Focusing on Treatment of Employees and Actions toward Trading Counterparties
2022.04.01
Key Points and Things to Note Regarding the Amended Act on Childcare Leave and Caregiver Leave, Which will be Enforced in Phases from April 1, 2022
2022.03.20
Re-examination of Companies' Actions Regarding the Whistleblower Hotline -- In View of Upcoming Enforcement of the Amended Whistleblower Protection Act
2021.12.20
Journal of management Lawyers Council No. 210 "Report of the 15th Conference for the Yearly Review of Important Court Decisions"
2021.07.14
Doing Business In... 2021 Japan 　Trends and Developments
2021.05.15
Labor and Competition Legislation concerning Exploitative Acts toward Freelancers
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.09.07
Doing Business in Asia Pacific - IBA Asia Pacific Regional Forum, September 2020
2019.12.20
Journal of management Lawyers Council No. 203 "Report of the 11th Conference for the Yearly Review of Important Court Decisions"
2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

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