More about #IBM Japan from JMIU in Japan: Advice to assignees from headquaters in 2009. “Japan has labor laws!”

In my continuing research and contacts, I was pointed to this entry on the JMIU blog.

To all assignees in IBM Japan,

We guess you’ve been working hard since you came to IBM Japan to accomplish your mission and to achieve your goals here. This paper is the labor press published by The All-Japan Metal and Information Machinery Workers’ Union (JMIU), IBM Japan Branch. Today, we’d like to write here for you several things those you should understand clearly, because we suspect that you may not know the basic rules and responsibilities of the line managers (employers) to be compliant with the Japanese laws, as we knew and experienced what have been done by the Resource Action Program since last October, the directions from you as well as from executives in IBM Corp. in the United States.

First of all, this IS Japan here, NOT your native country. Japanese Society and Japanese Laws may different from those of your country, especially from the US.

I wish I had known about this one, too, a while back—since IBM Japan’s attorney in New York (who has also been IBM USA’s attorney) insists that IBM Japan is entirely a separate thing from the similarly named parent in New York.

Once more, as the Japanese themselves understand it, the assignees into Japan (from New York and other American points) are there to run IBM Japan under the direction of the IBM parent company.

It is not an entirely separate thing, but rather a part of an integrated whole. It is its own separate corporation, but that is not really relevant to “enterprise theory” under New York jurisdictional laws (NY CPLR Section 301).