- discrimination in recruitment and employment;
- assignment (including allocation of duties and grant of authority), promotion, demotion and training;
- loans for housing and other similar fringe benefits as provided by ordinance;
- change in job type and employment status; and
- encouragement to retire, mandatory retirement age, dismissal, and renewal of the employment contract.
3.3 Are there any special rules relating to sexual harassment (such as mandatory training requirements)?
The Equal Employment Opportunity Act provides that employers are required to establish necessary measures in terms of employment management to give advice to workers and cope with any worker problems, and take other necessary measures so that workers do not suffer any disadvantage in their working conditions by reason of their responses to sexual harassment in the workplace or in their working environments. The measures employers are required to take under the Equal Employment Opportunity Act are more specifically explained in relevant guidelines issued by the government. In addition, according to an amendment to the Equal Employment Opportunity Act, which the National Diet passed in May 2019, any kind of mistreatment of workers who allege they have been victims of sexual harassment are prohibited.
3.4 Are there any defences to a discrimination claim?
Generally speaking, most of the rules explained in questions 3.1 and 3.2 do not require an employer to grant the same terms and conditions to all workers, and thus, if an employer successfully demonstrates that the alleged discriminatory treatment is based on justifiable grounds, the treatment may be deemed to not be discriminatory.
When a discriminatory act in question is carried out by one worker or more, and is not a company-wide problem, the court may find that the employer is not liable for the discriminatory conduct if the employer has taken adequate measures to prevent such discriminatory conduct.
3.5 How do employees enforce their discrimination rights? Can employers settle claims before or after they are initiated?
Workers have different ways of enforcing their discrimination rights depending on the situation. These ways include filing a civil lawsuit or an application for a labour tribunal proceeding, and requesting the court or labour tribunal to:
- declare the treatment (such as the discriminatory dismissal, transfer or assignment order) as null and void;
- order the employer to reinstate him/her (in the case of dismissal); and
- order the employer to compensate him/her for any damage that he/she has suffered due to the discriminatory treatment. In Japan, a worker cannot request punitive damages but can request damages for mental suffering.
Employers can settle claims at any time before or after they are initiated.
3.6 What remedies are available to employees in successful discrimination claims?
Please see question 3.5.
3.7 Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection?
Amendments to the Part-Time/Fixed-Term Employment Act came into effect on April 1, 2020, for large-sized employers, and on April 1, 2021, for small- and medium-sized employers. Under the amended Part-Time/Fixed-Term Employment Act, it is prohibited to set up unreasonable differences in treatment between regular employees and non-regular workers (i.e., part-time employees, fixed-term employees and dispatch workers) in the same company in terms of all kinds of treatment such as basic salary, bonus, allowances and leave. The “Guidelines for Prevention of Unreasonable Treatment against Part-Time Workers, Fixed-Term Workers and Dispatched Workers” and “Guidelines for the Measures, etc. concerning the Employment Management Improvement, etc. for Part-Time Workers and Fixed-Term Workers to Be Taken by Employers”, which were published on December 28, 2018, based on the Part-Time/Fixed-Term Employment Act, provides more detailed rules and examples of what kinds of differences in treatment are considered unreasonable.
In addition, non-regular employees may request their employer to explain differences in treatment between regular employees and non-regular workers and reasons for such differences, and an employer must provide such explanations upon a request from its non-regular employees.
3.8 Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice?
The Whistle-blower Protection Act (the “WPA”) stipulates the protection of whistleblowing. The word “whistleblowing” under this Act is stipulated as one satisfying all the following requirements:
- made by a worker (which means a worker as provided for in Article 9 of the LSA);
- without a purpose of acquiring a wrongful gain, causing damage to others, or any other wrongful purpose;
- regarding “a reportable fact” that has occurred, or is about to occur;
- concerning a recipient of labour services (i.e., employer), or any person such as an officer, employee or agent of the recipient of labour services; and
- a report to an administrative organ with the authority.
A reportable fact includes:
- the fact of a criminal act that constitutes the crimes provided for in laws (including the orders based on such laws) listed in the appended table in the WPA, concerning the protection of interests such as the protection of individuals’ lives and bodies, the protection of interest of consumers, the conservation of the environment, the protection of fair competition, and the protection of citizen’s lives, bodies, properties and other interests; and
- the fact, in the case where a violation of a disposition pursuant to the laws listed in the appended table in the WPA constitutes the fact provided for in item i) above, which is the ground of the relevant disposition.
The WPA restricts the dismissal, termination of dispatch and disadvantageous treatment to the whistleblowing workers in general, and such dismissal, termination of dispatch and disadvantageous treatment becomes null and void.
3.9 Are employers required to publish information about their gender, ethnicity or disability pay gap, or salary or other diversity information?
In accordance with the amendments to the Act on Promotion of Women’s Participation and Advancement in the Workplace enacted on July 8, 2023, companies with 301 or more employees are required to disclose the differences in pay between male employees and female employees every year within approximately three months following the end of their financial year. Companies with 300 or less employees are currently exempt from this pay gap reporting requirement, but it may be expanded to smaller companies in the future.
Employers with 43.5 or more employees are required in principle to employ persons with disabilities at a rate of 2.3 per cent or more, and are obliged to report to the Public Employment Security Office on the status of employment of persons with disabilities as of June 1 of every year according to the Law for Employment Promotion of Persons with Disabilities, but they are not required to disclose this information publicly.
4. Maternity and Family Leave Rights
4.1 How long does maternity leave last?
Mandatory maternity leave lasts 14 weeks in general (six weeks before childbirth, and eight weeks after childbirth). The LSA prohibits an employer from:
- making a female worker who is expecting to give birth within six weeks (or 14 weeks in the case of multiple foetuses) work, if she requests maternity leave; and
- having a female worker work within eight weeks after childbirth (unless she has requested to work six weeks after childbirth, and a doctor confirms that returning to work has no adverse effect on her).
In addition, a worker is entitled to take childcare leave for a child of less than one year of age (or until the child turns two years old, if some requirements are met).
4.2 What rights, including rights to pay and benefits, does a woman have during maternity leave?
A female employee is not entitled to salary during maternity leave or childcare leave, unless her employment contract or the employment rules of her employer stipulate otherwise. However, she is entitled to the following allowances under insurance laws.
First, a female employee who gives birth is entitled to receive childbirth allowance equal to two-thirds of her daily salary from the health insurance association she has joined.
Second, a female employee who takes childcare leave is entitled to receive childcare allowance from the health insurance association she has joined, until the child turns one year old (or until the child turns one-and-a-half years old, if some requirements are met).
4.3 What rights does a woman have upon her return to work from maternity leave?
Employers are prohibited from treating a female employee in a disadvantageous manner because of maternity leave or childcare leave. Thus, an employer is generally required to enable a female employee to return to her original work after her maternity leave or childcare leave. Assigning her to a different position or reducing her wages can be deemed unlawful if either is due to her taking maternity leave or childcare leave.
In addition, a female employee who is raising an infant under one year old is entitled to time to care for the infant for at least 30 minutes twice a day, in addition to the normal rest periods.
4.4 Do fathers have the right to take paternity leave?
A male employee is entitled to childcare leave. He is entitled to only one period of childcare leave in general; however, if the first period of childcare leave ends within eight weeks from the birth of the child, he is entitled to a second one. He is not entitled to salary during such leave, unless his employment contract or the employment rules of his employer stipulate otherwise. That said, as with a female employee, a male employee is also entitled to receive childcare allowance from the health insurance association he has joined (see question 4.2).
It is worth noting that the Act on the Welfare of Workers who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (the “Childcare and Nursing Care Leave Act”) was amended in 2021 in order to allow male employees to take childcare leave more easily and to enhance the working environment for such purpose. This amendment includes the new rules that allow a male employee to take additional paternity leave of four weeks within eight weeks from the birth of the child. The amendments were enacted on a step-by-step basis from April 1, 2022.
4.5 Are there any other parental leave rights that employers have to observe?
An employee who is taking care of a child under elementary school age is entitled to take a day off to take care of an injured or sick child for up to five working days per fiscal year (or up to 10 working days if the worker has two or more children under elementary school age). He/she is not entitled to salary during such leave, unless his/her employment contract or the employment rules of his/her employer stipulate otherwise.
4.6 Are employees entitled to work flexibly if they have responsibility for caring for dependants?
An employee is entitled to take a day off to take care of a family member who requires nursing care for up to five working days per fiscal year (or up to 10 working days if the worker has two or more family members requiring nursing care). This leave can be taken in half-day increments. An employee is not entitled to salary during such leave, unless his/her employment contract or the employment rules of his/her employer stipulate otherwise.
5. Business Sales
5.1 On a business sale (either a share sale or asset transfer), do employees automatically transfer to the buyer?
When a business is sold through a share transfer, no transfer will take place because there will be no change in employer.
In a business sale through an asset transfer, employees do not automatically transfer. The transferee (the buyer) and the transferor (the seller) may agree to include employment contracts in the business being sold, but if a worker refuses to consent to the transfer of his/her employment contract, the employment contract will not transfer to the transferee.
5.2 What employee rights transfer on a business sale? How does a business sale affect collective agreements?
In a share sale, the employment conditions and status will not change. Collective agreements entered into before the share sale, and in force as of the share sale, will continue to be in force and their conditions will not change merely because of the share sale.
In an asset transfer, an employment contract can be transferred to the buyer transferee by (i) including the employment contract in the business to be sold, or (ii) having the worker resign from the transferor and enter into a new employment contract with the transferee. In the former case, the terms and conditions of the employment contract will remain the same even after the transfer, unless otherwise agreed between the transferee and the worker. In the latter case, the terms and conditions may change depending on the work rules of the transferee or the new employment contract. Collective labour agreements will not transfer, unless otherwise agreed between the transferor, the transferee and the union.
5.3 Are there any information and consultation rights on a business sale? How long does the process typically take and what are the sanctions for failing to inform and consult?
On a business sale either by a share transfer or an asset transfer, a worker does not have any specific statutory rights regarding information and consultation; however, generally speaking, the employer should provide sufficient information and faithfully consult with the workers when asking them to consent to the transfer. There is no statutory requirement regarding the time necessary for the process.
5.4 Can employees be dismissed in connection with a business sale?
A business sale by itself will not justify the dismissal of employees, and thus, the general rules on dismissals apply to dismissals in connection with a business sale (see question 6.3).
5.5 Are employers free to change terms and conditions of employment in connection with a business sale?
An employer cannot freely change the terms and conditions of employment in connection with a business sale. If an employer would like to change the terms and conditions of individual employment contracts, they are required to obtain the consent of the workers. If they would like to make changes to the work rules that are disadvantageous to the workers, justifiable reasons for the changes are required.
6. Termination of Employment
6.1 Do employees have to be given notice of termination of their employment? How is the notice period determined?
Yes. An employer is required to provide at least 30 days’ advance notice to the employee, or to pay the average wage the employee would earn for a period of not less than 30 days in lieu of notice (“Payment in lieu of Notice”). The number of days for the advance notice can be reduced by the number of days for which the employer pays the average wage.
6.2 Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work?
Yes, an employer can require employees to serve “garden leave” if the employer pays wages to the employees during that period.
6.3 What protection do employees have against dismissal? In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
An employer may only terminate or dismiss an employee on grounds that are objective, justifiable and reasonable, and any termination or dismissal that is not on those grounds is invalid and deemed an abuse of the rights of the employer. In general, the reasons can be:
- incapacity (due to health or performance-related reasons) and lack of qualification;
- misconduct;
- operational necessity; or
- a request from a labour union based on a union shop agreement.
Japanese courts strictly interpret the requirement of an “objective, justifiable and reasonable” ground. Usually, a dismissal is deemed lawful only where: the cause of dismissal is of a significant degree; there is no other way to avoid the dismissal; and there is almost no factor on the employee’s side that could be taken into consideration in favour of the employee.
In cases of dismissal due to business reasons of the employer, the following general requirements have been formulated by Japanese courts in determining the validity of the dismissal:
- necessity of labour reduction, such as financial deterioration of the employer;
- necessity in selecting dismissal over other available measures (for example, whether the employer could have avoided dismissal by using other means such as soliciting for early retirement);
- appropriateness of the selection of the employee being dismissed; and
- appropriateness of the dismissal procedure (for example, whether the employer provided sufficient explanation and opportunities for consultation).
If an employee does not dispute the validity of the dismissal, the dismissal will become effective. If the employee disputes the validity of the dismissal, however, he/she would ultimately be considered to have been duly dismissed only if the court determines that the above-mentioned criteria have been met.
If a collective labour agreement requires an employer to obtain the consent of a labour union to dismiss employees, a dismissal without such consent will be considered null and void.
6.4 Are there any categories of employees who enjoy special protection against dismissal?
Yes, there are categories of employees who enjoy special protection against dismissal. An employer is prohibited from dismissing the following categories of employees:
- an employee during a period of absence from work for medical treatment with respect to work-related injuries or illnesses or within 30 days after his/her recovery; and
- a female employee during a period of absence from work before and after childbirth, which is taken in accordance with the LSA or within 30 days thereafter.
In addition, an employer is not entitled to dismiss an employee on any of the following grounds:
- nationality, creed or social status;
- being a labour union member or having performed justifiable acts of a labour union;
- sex and, for a female worker, marriage, pregnancy, childbirth or having taken leave from work before and after childbirth;
- having taken childcare leave or family care leave under the Childcare and Nursing Care Leave Act;
- having reported the employer’s breaches of employment protection laws to the relevant government agencies;
- having sought the advice of, or filed an application for mediation by, the head of the Prefectural Labour Offices; and
- having reported a violation in accordance with the WPA.
Also, an employer cannot dismiss a part-time employee who is considered to be equivalent to an ordinary employee only due to the reason that he/she is a part-time employee.
6.5 When will an employer be entitled to dismiss for: 1) reasons related to the individual employee; or 2) business-related reasons? Are employees entitled to compensation on dismissal and if so, how is compensation calculated?
Please see questions 6.3 and 6.9.
Employees are not entitled to compensation on dismissal. However, an employer is generally required to make Payment in lieu of Notice (see question 6.1). In addition, since the validity of a dismissal is strictly examined by Japanese courts if disputed, employers often provide employees with a severance payment to facilitate voluntary resignation. The amount of severance pay varies significantly with each company; however, in many cases, it is calculated based on the employee’s length of service.
6.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals?
As a general rule, advance notice of termination (see question 6.1) is required. In addition, any termination procedures stipulated under the employment rules or collective labour agreements must be followed.
It is also desirable to notify the employee of the reasons for the dismissal and provide him/her an opportunity for self-vindication. Further, if so requested by the employee, an employer is required to provide him/her, without delay, with a certificate that certifies the period of employment, the type of work of the employee, the employee’s position, the wages, and the cause of retirement (if the cause for retirement is dismissal, the reason for the dismissal must also be provided).
6.7 What claims can an employee bring if he or she is dismissed? What are the remedies for a successful claim?
An employee can bring a claim against the employer for declaratory judgment (determining that the dismissal is void and invalid) or a decision to confirm his/her position as an employee, by filing a petition for labour tribunal proceedings, provisional injunction or litigation.
If the court (in the case of provisional injunction or litigation) or the labour tribunal (in the case of labour tribunal proceedings) determines that a dismissal is null and void, the employer must reinstate the employee and pay the employee’s wages or salary since the date of dismissal (so-called “back pay”) with interest. In principle, if the dismissal is judged to be invalid and the employee is reinstated, the employee cannot claim for damages. However, if any communication or action by the employer in relation to the dismissal is considered to be a tortious act, a claim for damages may be admitted.
6.8 Can employers settle claims before or after they are initiated?
Yes, employers can settle claims at any time before or after they are initiated.
6.9 Does an employer have any additional obligations if it is dismissing a number of employees at the same time?
Yes, an employer does have additional obligations when dismissing a number of employees at the same time. In the case of any of the following dismissals, the employer must notify the competent public job-placement office of the dismissal of:
- 30 or more employees within one month;
- five or more employees who are aged 45 years or older within one month; or
- an employee with a disability.
With respect to dismissals due to business reasons of the employer, please see question 6.3.
6.10 How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations?
Employees can dispute the validity of mass dismissals by filing a petition with a court or a labour tribunal.
If the four criteria discussed in question 6.3 are not satisfied, the dismissal will be considered null and void, in which case the employer must reinstate the dismissed employees and provide back pay (see question 6.7).
7. Protecting Business Interests Following Termination
7.1 What types of restrictive covenants are recognised?
In a typical case, restrictive covenants include non-compete clauses, non-solicitation clauses and confidentiality clauses.
7.2 When are restrictive covenants enforceable and for what period?
Generally speaking, a non-competition covenant is considered a restriction on the free choice of employment, which is considered a basic human right in Japan, and thus deemed invalid and unenforceable except where there are reasonable grounds (under case law). Based on court precedents, when deciding the validity and enforceability of non-competition covenants, courts take into consideration whether:
- there is a clear non-competition clause in the employment contract or the work rules;
- there is a necessity for the employer to have the non-competition covenant;
- the restriction is necessary and reasonable in scope; and
- the employee is sufficiently compensated for the restriction.
With respect to factor ii), if the worker’s position is close to top management or the worker deals with very important or sensitive confidential information of the company, it is generally understood that there is a necessity for the employer to impose a non-competition covenant on the worker to protect their legitimate interest. With respect to factor iii), generally speaking, the period and scope of restriction in relation to geographical area and business categories are considered. With respect to factor iv), generally speaking, if the employer does not give financial benefits to compensate the employee for a non-competition covenant, courts tend to decide that this factor would not be satisfied. In some cases where the employee receives a high salary, courts have decided that factor iv) has been satisfied, since the compensation for the non-competition covenant was included in the basic salary, even though the company did not grant compensation specifically for the non-competition covenant.
With respect to a non-solicitation obligation, there are no major court precedents or well-established views regarding the validity and enforceability of a non-solicitation covenant, but there are a few precedents where courts have determined that a former worker’s solicitation of his/her former employer’s existing workers constitutes tort and ordered the worker to compensate the former employer where the solicitation was carried out in a manner that is not socially acceptable.
If a worker has agreed to a confidentiality covenant or confidentiality obligations are included in the work rules regarding certain confidential information of the employer, the worker must abide by that covenant. If a confidentiality covenant does not limit its scope in relation to geographical area, the covenant is generally considered as being effective even outside Japan.
A confidentiality covenant without any duration may be considered as unnecessarily and unreasonably restrictive and, therefore, the court may interpret that the covenant is valid only for a limited time.
7.3 Do employees have to be provided with financial compensation in return for covenants?
There is no statutory requirement that an employer must provide workers with financial compensation in return for covenants, but the provision of financial compensation is an important factor in deciding whether a covenant is valid (see question 7.2).
7.4 How are restrictive covenants enforced?
Covenants are normally enforced through a provisional remedy. A provisional remedy (preliminary injunction) is a temporary remedy that is granted by the court before deciding on the merits to avoid substantial damage or imminent danger to the petitioner. The court will order a provisional remedy only if there exists:
- a right that needs to be preserved; and
- a necessity to preserve that right.
Unlike in a decision on the merits (main lawsuit), the level of proof for provisional remedy is merely prima facie.
An employer may also claim for damages suffered due to the former worker’s breach of a covenant.
8. Data Protection and Employee Privacy
8.1 How do employee data protection rights affect the employment relationship? Can an employer transfer employee data freely to other countries?
Employees’ data, insofar as it falls within “personal information”, is protected under the Act on the Protection of Personal Information (the “APPI”), its Enforcement Ordinance and related guidelines. An employer is obliged to comply with the APPI as a “personal information-handling business operator” in dealing with employees’ personal information. The obligations of a personal information-handling business operator under the APPI include the following:
- undertaking necessary and appropriate measures to safeguard personal information;
- not using personal information except to the extent necessary for the purposes disclosed to the individual subjects;
- not disclosing personal information to any third party (subject to certain exemptions); and
- conducting necessary and appropriate supervision over employees and contractors.
The first significant amendment to the APPI entered into force on May 30, 2017. Under the amended APPI, in providing personal information of an employee to a third party in a foreign country, the employer is obliged to:
- obtain the employee’s consent in advance of the provision to a third party in a foreign country; or
- ensure that the third party in the foreign country has a system for continuously taking actions equivalent to those that a personal information-handling business operator must take in handling personal information, pursuant to the provisions of the APPI.
Without taking the above-mentioned measures, the employer is prohibited from transferring employees’ personal information to a third party in a foreign country.
8.2 Do employees have a right to obtain copies of any personal information that is held by their employer?
The APPI generally entitles an individual to demand a personal information-handling business operator to disclose the retained personal information that can identify him/her. Thus, an employee has the right to know what kind of personal information is held by the employer, unless there is a reason (the list of which is stipulated in the APPI) for the employer not to disclose the retained personal information.
It is generally understood that an employer may refuse to disclose, for example, details of a personnel evaluation, as it may seriously interfere with them implementing their business properly.
8.3 Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)?
Yes, an employer may carry out background checks, insofar as it acquires personal information of job applicants lawfully.
Under the APPI, an employer must notify or make public the purpose for which it intends to use the personal information they have acquired, when acquiring personal information (except in some cases, including where, judging from the circumstances, it can be said that the utilisation purpose is clear). Also, an employer is prohibited from acquiring sensitive personal information (such as information regarding race, ethnicity, and criminal history) of a job applicant without his/her consent. In practice, an employer usually requires a job applicant to submit a filled-in template CV that contains questions regarding personal information, including criminal records. Such acquisition and use of personal information of the job applicant by the employer would be deemed lawful and valid because the applicant is deemed to have given his/her consent when he/she submitted the CV to the employer, and, given the circumstances in which the CV was submitted, it can be recognised that the utilisation purpose is clear.
While criminal records are held by the police and employers do not have the means to check them directly, a typical template CV enables an employer to obtain and utilise such information legally for the purpose of background checks.
On a separate note, the ancillary guidelines to the Employment Security Law, as a general rule, restrict an employer’s acquisition of some kinds of sensitive personal information of job applicants, including race, ethnicity, opinions and creed, or history of union memberships.
8.4 Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system?
The email accounts, telephones and computer systems belong to the employer and should be used only for business operations in general. From this perspective, as a general rule, such equipment can be monitored if the monitoring is carried out for a business necessity. However, in carrying out the monitoring, an employer must take the following measures below regarding the personal information of employees.
When a personal information-handling business operator has an employee handle personal information, it must exercise necessary and appropriate supervision over that employee to ensure control of the security of personal information. This supervision may include things such as monitoring the employee’s actions online, or video monitoring the employee.
The Personal Information Protection Commission, the Japanese data protection supervisory authority, recommends that an employer who wants to monitor employees should preferably take certain measures, including:
- communicating the purpose of the monitoring to the employees in advance;
- clearly identifying the manager responsible for managing the monitoring;
- drawing up internal rules regarding monitoring and communicating them to the employees in advance; and
- auditing the monitoring programme to ensure that it is being carried out appropriately.
8.5 Can an employer control an employee’s use of social media in or outside the workplace?
An employer can control and restrict an employee’s personal use of social media in the workplace, as employees are obliged to devote themselves to performing their work at the workplace. The employer, however, may not control or restrict an employee’s personal use of social media outside the workplace, except in limited circumstances; for example, where an employee intends to leak business secrets or defame the company.
8.6 Are there any restrictions on how employers use AI in the employment relationship (such as during recruitment or for monitoring an employee’s performance or productivity)?
There are no restrictions on how employers use AI in the employment relationship.
9. Court Practice and Procedure
9.1 Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition?
There are two main venues that have jurisdiction to hear employment-related complaints:
- an ordinary court, consisting of one or three qualified judges; and
- a labour tribunal consisting of one qualified judge and two laypersons who have specialised experience in labour relations.
9.2 What procedure applies to employment-related complaints? Is conciliation mandatory before a complaint can proceed? Does an employee have to pay a fee to submit a claim?
At an ordinary court, once an action is brought, it will go through the submission of pleadings, oral proceedings and the examination of evidence. In these proceedings, conciliation is not mandatory before a complaint can proceed.
On the other hand, proceedings at the labour tribunal are usually held for up to three hearings to hear the allegations of both parties and examine evidence. In these proceedings, conciliation is mandatory before a decision can be rendered by the tribunal if there is a possibility for the case to be resolved by settlement.
In both proceedings, the employee must pay a fee to the court to submit a claim or a petition.
The amount of the fee is based on the amount demanded by the employee in his/her claim or petition.
9.3 How long do employment-related complaints typically take to be decided?
It takes approximately 12 months (on average) for an employment-related complaint before an ordinary court to be decided. If the complaint is brought before the labour tribunal, deliberations can take anywhere from 75 days to 90 days in general.
9.4 Is it possible to appeal against a first instance decision and if so, how long do such appeals usually take?
Yes, both decisions by an ordinary court of first instance and a labour tribunal can be appealed. If a case that was pending before a labour tribunal is appealed, it will automatically move to an ordinary court. The average deliberation period at the appellate court is approximately six months.
Production Editor's Note
This chapter has been written by a member of ICLG's international panel of experts, who has been exclusively appointed for this task as a leading professional in their field by Global Legal Group, ICLG's publisher. ICLG's in-house editorial team carefully reviews and edits each chapter, updated annually, and audits each one for originality, relevance and style, including anti-plagiarism and AI-detection tools. This chapter was copy-edited by Melissa Braine , our in-house editor.
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