I. Introduction
Effective utilization of human resources is instrumental to companies’ overall success. And, with the robust compliance with labor laws becoming the norm, people in charge of companies’ labor-related issues, are making every effort to establish more productive but less stressful working environment for all employees. This is particularly challenging in the aftermath of the COVID-19 pandemic during which time companies had to deal with unprecedented changes in employees’ working conditions, such as digitalization and remote working.
With the foregoing as a background, Chuo Sogo Law Office has decided to embark upon a series of articles entitled the Labor Law Series in which selected labor-related issues, not only the typical or well-known but also new or controversial ones will be presented in a more or less comprehensive manner.
In this first publication of the Labor Law Series, we will consider:
- the legal nature of a “naitei,” or a traditional pre-employment notice commonly issued as a tentative job offer by Japanese companies (“Preliminary Notice”);
- at which point in time a labor contract is considered to become legally binding; and
- the situations in which a withdrawal of a Preliminary Notice is acceptable.
II. When Labor Contract Becomes Legally Binding – Legal Nature of Preliminary Notice
1. Why It Matters
Most Japanese companies intending to recruit new employees will: (a) put out a job posting, (b) screen the applicants by examining their...
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