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Professionals

Tokyo Office

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Attorney at Law Yoshitsuka Seto

【Professional Summary】

He is an expert in labor law and its practices. He has represented his clients in a wide range of labor matters, including litigation, labor trials, arbitration, mediation and labor relations committees, and also participated in numerous collective bargaining sessions for labor unions. He also provides support with contract negotiations, M&A plans and due diligence, start-ups and IPOs, and a wide variety of other legal issues involving businesses. Recently, he also focuses on business/individual succession services, including proposals and advice on inheritance measures and business succession schemes to prevent disputes.

【Recent Work】

  • Advice on dismissal cases for incompetence, breach of discipline, embezzlement, etc. and dismissals for reorganization, including planning.
  • Advice and support for recommending resignation of problematic employees.
  • Cases involving the termination of employment of employees with fixed terms.
  • Cases involving claims for payment of unpaid wages.
  • Cases claiming damages for breach of duty of care for safety, such as injuries sustained while at work, mental illness caused by long working hours, harassment, etc., fights between employees, etc.
  • Cases involving the invalidation of spontaneous resignation due to the expiration of a leave of absence.
  • Cases confirming invalidity of reassignment.
  • Cases involving claims of harassment such as power harassment, sexual harassment, etc. (including handling of training and harassment consultation services, etc.).
  • Advice on appropriate operation of disciplinary actions.
  • Advice on prevention of long working hours and appropriate working hour management methods.
  • Advice on the proper regulation and operation of fixed overtime pay systems.
  • Advice on wage systems based on equal pay for equal work.
  • Support for collective bargaining with labor unions.
  • Cases involving petitions for relief from unfair labor practice (disadvantageous treatment, refusal to bargain collectively, intervention by a controlling party).
  • Support regarding responses to the Labor Standards Inspection Office.
  • Advice on wills, estate division, and mediation cases.
  • Due diligence and advice on acquisitions related to business succession.

【Publications, Articles, and Presentations】

  • "Labor Actual Cases Training I, Claims for payment of unpaid wages – The Thoughts and Practical Response of Lawyers on the Employer's Side" (author, Seirin Shoin)
  • "Corporate Legal Affairs Handbook - Preventive and Strategic Legal Affairs Practiced with a Checklist" (co-author, CHUOKEIZAI-SHA, INC.).
  • "Introduction to Labor Law as an Education" (co-author, Japan Jitsugyo Publishing Co., Ltd.).
  • "70 Gray Zones of Personnel and Labor Troubles" (co-author,Labor Administration).
  • "Legal Counseling for Unpaid Overtime Claims" (co-author, Seirin Shoin).
  • "Practical Q&A on Modification of Employment Contracts: Rationalization Measures to Maintain Employment and New Work Styles" (co-author, Civil Law Institute).
  • "Equal Pay for Equal Work Practice and Forms" (co-author, Seirin Shoin).
  • "Legal Consultation on Employment of Foreign Nationals Q&A" (co-author, Hogaku Shoin).
  • "Risk Management in the Workplace: Harassment Prevention and Post-Incident Response Strategies Based on the Latest Practices and Court Precedents - Basic Understanding and Implementation of Power Harassment, Sexual Harassment, and Casual Harassment" co-hosted by: TKC Tokyo Central Association, Tokyo Central Training Institute, Risk Management System Promotion Committee
  • "Legal Knowledge and Practical Responses Related to the New Freelance Law" hosted by: Saitama Social Insurance Labor Consultant Association Kasukabe Branch
  • "Human Resources and Labor Management Online Seminar -Countermeasures Against Customer Harassment, New Freelance Law, and Latest Case Law on Deemed Working Hours Outside the Workplace" hosted by Mitsubishi Electric IT Solutions Corporation / Nissei Com Co.
  • "① Rules for Disclosing Work Conditions ② Explanation of Important Case Law (April 26, 2024, Shiga Social Welfare Association Case) " hosted by: Tokyo Social Insurance Labor Consultants Association Edogawa Branch
  • "Examples of Employment Regulations Calculated Reversely from Court Decisions" hosted by: Koshigaya Branch of Saitama Social Insurance and Labor Consultants.

【Education and Career】

2011 Chuo University, LL.B.
2013 Keio University, J.D.
2014 Kakitsubata Law Firm (to December 2022)
2023 Partner, B&P Law Firm LPC

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