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Past Labor Consultation Cases

Our past labor consultation cases:

The following are some of the past consultation cases our firm has previously engaged in.
     
Issues of employees that lack appropriate morality, competence, or aptitude
■  How should a company instruct its employees whose capabilities fall short of the company’s requirements?
  How could the company encourage those employees to resign if they fail to meet the standard of the
  company even though the company has provided them with proper instruction and training?
■  Cases of managers that are incapable of supervising their subordinates and showing leadership – How
  could a company demote managers that lack appropriate aptitude and competence?
■  How could a company properly provide instructions and warnings to its employees that express discontent
  and complains regularly in the workplace?
■  How could a company issue a warning letter to the employees that are repeat offenders for being late for
  work,missing work, or taking paid holidays without prior notice after being put on notice by the company
  several times.
  What are the precautions that the company should take if it wants to encourage those employees to
  resign after they have failed to show sufficient improvements despite the company’s instruction?
■  How could a company effectively provide instruction to its employees that take longer time to perform work
   compared to their peers and are unable to finish the work on time or meet the deadlines.

     
Problematic employees with the use of IT
■   How could a company put its employees on notice that use SNS to damage the reputation of the
  company,their supervisors, or colleagues?
■  If an employee has divulged information on the company’s secret business project on Twitter or its personal
  blog,how could the company issue a warning to the employee?
■  As there is a manager that gives out work instructions to its subordinates in the middle of the night through
  LINE,the company wants to prohibit such act by stipulating it in the work rules before any of the
  subordinates files a power harassment complaint. How could the company set such rules?


        

Employee-related issues
■  How to handle sexual harassment cases in the workplace
■  How to handle employees that work in an unproductive manner during the regular work hours and put in
  overtime until late at night routinely
■  Proper approach to shortening the regular work hours, etc. for the employees with family members that
  require nursing care
■  Proper ways to instruct the sales staff members that do not come to work on the weekends and holidays
  based on the requirements of their husbands
■  How to treat the department managers and section managers that work unnecessary overtime until late at
  night while using the time difference with the head office as an excuse.
  

     

Issues related to employment contracts and employee resignations
■  Can a company let the current work contract with its contract workers expire after having renewed the
  contract several times with them in the past?
■  If a company wants to terminate any contract worker before it obtains the right to request that its
  definite-term work contract be converted into an indefinite-term contract, how should the company make
  the stipulation in the employment contract?
■  Whether a company has the right to take any disciplinary action against employees that have been selling
  the company’s trade secrets to a third party
■  Measures for protecting the company’s trade secrets after the resignation of its employees
■  If a company is entitled to request any employee to reimburse the training cost the company has incurred if
  the employee immediately resigns after finishing the training
■  How a company can handle any employee that is still in the initial trial period, the competence of which has
  turned out to be much lower than the company initially expected
■  How to handle an employee that has filed a power harassment complaint after it was denied full-time
  employment by the company following the unsuccessful trial period (or encouraged by the company to
  resign) and claimed to have been unable to come to work because of the mental shock caused by the
  company
■  How to treat the sales staff members of a store that is scheduled to be closed down when there are no
  available positions at other stores to shift them to Would it be possible to transfer them to an affiliate
  company for example?
  If so, what would be the precautions to take?
■  If a company went through a merger and wants to abolish the program for recognizing employees’
  continuous service that was previously adopted by the merged entity, can the company amend the work
  rules and limit the time period for granting the continuous service awards by stating ‘this program will be
  applied until a certain date,after which it will be abolished’?
■  How should a company calculate the overtime payment to an employee that has taken a half-day off in the
  morning,come to work at 13:00, and worked until 23:00?
■  Is there any issue if mid-career employees are hired without conducting any investigation of their prior
  work?
■  How could a company obtain the salary data of other companies in the industry to benchmark with when
  determining the amount of the pay raise for its employees for the current year?

        
 

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