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LABOR LAW SERIES Part 1: Pre-Employment Relationship

Attorney Daigo Kawano
2023.02.06

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.