Law of Dismissal in Japan – “Reciprocity” or “Verhältnismäßigkeit” as Background?

Abstract

The article outlines and critically assesses the Japanese law on dismissals. While the Civil Code provides for unrestricted dismissal and for many decades only fragmentary statutory protection against dismissals existed, the Japanese courts have established elaborate case law on abusive dismissals which more recently has been codified. The author highlights the characteristics of Japanese employment relations, which form the backdrop for these developments. Finally, the application of the abusive dismissal principle to a refusal to renew a fixed-term contrast is discussed.  

 (The editors)