Good article in the Japan Times about the Goldman Sachs employee union – one flaw though.

Article is here.

Some of my topics are piling up, so let me do the quickie about this one:

The article is, of course, good. But the thing is, as is just typical in reporting, they maybe only get 90%. The fact that’s missing is the “socially justifiable reason” necessary for a dismissal in Japan. That used to be cited as a doctrine, but has been in statute form since at least 2003. In its latest “home”, it’s in the 2008 Labor Contract Act. I will provide the citation when more time is here; I know I’ve referenced in one of my more recent ones (of over 3,000 posts).

The reason Japanese are getting upset—and going to court!—over recent summary dismissals at IBM Japan, is NOT because of “30 days’ notice”. It’s because the employee has rights to continued employment. The employer can only break the employment agreement if the employer can meet a socially justifiable reason.

Sad to see that this misconception was included in what otherwise was a pro-labor article about a group of foreigners as victims who fought back through novel methods. (I can relate of course.)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s