The Applicability of Japanese Labor and Employment Laws to Americans Working in Japan

This Article examines whether and under what circumstances Japanese labor and employment laws apply to Americans working in Japan. The author finds that as for public or regulatory laws, the question turns on the applicability of each statute. He further discovers that most Japanese labor and employment laws apply to foreign citizens who are employed by and work at enterprises in Japan, while those who are on business trips to Japan are not covered by these laws. This Article explores the choice of law rules regarding private laws such as employment contract law in both the United States and Japanese forums.

This exploration reveals the considerable likelihood that Japanese employment laws will govern the employment relations of American citizens in Japan regardless of the forums and the choice of law by contracting parties. This Article concludes that understanding the contents of Japanese labor and employment laws is a necessity.