Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)

Authors： Takashi Komoguchi
Magazine/Book：Business Homu, January 2025
Publisher：Chuokeizai-sha
Practice： Labor Disputes and Proceedings Labor Disputes and Proceedings Employment Consulting HR, Pensions and Benefit Programs
Date of publication： November 21, 2024

Other publications by Takashi Komoguchi

2025.02.01
Outline of the Freelance Act and Practical Points to Note
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.30
Background and Challenges to the Promotion of Cancer Screening in the Workplace – Introduction to proper handling of non-statutory health information
2023.12.20
[Court Case] A Case in which the Application of the System of Deemed Working Hours Outside the Workplace was Denied for Medical Reps
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.09.13
[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.04.01
Way of thinking on Abuse of a Superior Bargaining Position in Transactions with Consumers
2019.12.25
Vertical Restraints in Competition Law (U.S. and EU)
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.10.07
[Expert Analysis] Digital Platforms Must Heed Japanese Antitrust Law Updates
2019.09.27
Recent Movements for New Regulations and Enforcement in Japan: In the Context of Digital Platforms and Competition Law
2019.09.21
DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.02.01
Supreme Court’s Decision in Amex case -Implications for market definition of various platform businesses-
2014.10.01
Measures for the Proper Management of Working Hours: Recent Court Decisions on "Working Hours"

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Other publications about Employment Consulting

2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.03.19
[Court Case] The Case Denying a Housekeeper who was Working Concurrently as a Home Nursing Caregiver from Being Considered a “Domestic Worker”
2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2025.02.01
Outline of the Freelance Act and Practical Points to Note
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.12.18
[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.09.18
[Court Case] Obligation to Pay Wages for Non-working Hours due to 'Maternity Harassment'
2024.09.18
[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2024.07.19
Doing Business In... 2024 Trends and Developments
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2024.07.01
Work-style Reform and the 2024 Logistic Problem
2024.06.20
Business Practice/Hanrei Riview ≪Case Studies≫ Sakai Hikkoshi center Case (The Tachikawa Branch of the Tokyo District Court, August 9, 2023, Rodo Hanrei No.1305, p.5）
2024.06.19
[Court Case] A Case in which a Reassignment Order for the Purpose of Personnel Management was Declared Valid
2024.06.19
[Column] "Personal Information" and "Privacy" that HR Staff Members Should Understand
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.20
[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
[Court Case] A Case in which a Dismissal due to Winding-up of the Company was Found Valid
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.07.18
Doing Business In... 2023 Trends and Developments
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2023.06.15
Business Practice/Hanrei Riview ≪Case Studies≫ Hagoromo Gakuen (Hagoromo International University) Case (Osaka High Court, January 18, 2023, Rodo Hanrei No.1285, p.18）
2023.06.08
Legal Protection for Freelancers - Legal Protection Laws for Freelancers and Worker Status under the Labour Union Law -
2023.06.08
Introducing Amendments of Major HR and Labor-Related Laws and Regulations
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2022.07.12
Doing Business In... 2022 Trends and Developments
2022.04.27
Addressing Legal Issues Relating to the Resurgence of Covid-19 in China - Focusing on Treatment of Employees and Actions toward Trading Counterparties
2022.04.01
Key Points and Things to Note Regarding the Amended Act on Childcare Leave and Caregiver Leave, Which will be Enforced in Phases from April 1, 2022
2022.03.20
Re-examination of Companies' Actions Regarding the Whistleblower Hotline -- In View of Upcoming Enforcement of the Amended Whistleblower Protection Act
2021.12.20
Journal of management Lawyers Council No. 210 "Report of the 15th Conference for the Yearly Review of Important Court Decisions"
2021.07.14
Doing Business In... 2021 Japan 　Trends and Developments
2021.05.15
Labor and Competition Legislation concerning Exploitative Acts toward Freelancers
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.09.07
Doing Business in Asia Pacific - IBA Asia Pacific Regional Forum, September 2020
2019.12.20
Journal of management Lawyers Council No. 203 "Report of the 11th Conference for the Yearly Review of Important Court Decisions"
2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

MORE

Other publications about Labor Disputes and Proceedings

2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.07.01
Operation of Death Retiement Benefit Payment by Companies in consideration to the Supreme Court Decision of March 26, 2024, Judicial Decision No. 1836, p. 3.
2024.03.19
[Court Case] The Supreme Court Decision on the Basic Wage and Bonus of Employees Re-hired Following Retirement upon Reaching the Retirement Age
2024.03.19
[Court Case] Duty of Care to Maintain an Appropriate Working Environment with Respect to a Transgender Employee
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.06.08
[Court Case] A case in which an Employee who Refused to be Transferred was Allowed to Claim for Restitution of the Six-Month Wage Difference (120,000 Yen) Between Job Groups Based on the Provisions of the Rules of Employment
2023.06.08
[Court Case] A case in which the Validity of a Fixed Amount of Overtime Pay was Denied Based on the Process of Introducing a New Salary Structure
2022.11.18
New Trends in ESG and M&A /[Part 6]Trends in Diversity that are Crucial for Management Strategy -- Key Issues on Labor Environment, D&I and LGBTQ
2019.10.01
Employers' Obligation for Overwork Suicide
2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

MORE

Other publications about HR, Pensions and Benefit Programs

2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.02.01
Outline of the Freelance Act and Practical Points to Note
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2024.05.01
The Impact of the Judgment Rendered by the Third Petty Bench of the Supreme Court on March 26, 2024 on Corporate Practices on the Payment of Pre-retirement Death Allowances
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.30
Background and Challenges to the Promotion of Cancer Screening in the Workplace – Introduction to proper handling of non-statutory health information
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2022.04.01
Key Points and Things to Note Regarding the Amended Act on Childcare Leave and Caregiver Leave, Which will be Enforced in Phases from April 1, 2022
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

MORE

Other publications about Labor Disputes and Proceedings

2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.03.19
[Court Case] The Case Denying a Housekeeper who was Working Concurrently as a Home Nursing Caregiver from Being Considered a “Domestic Worker”
2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.12.18
[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.09.18
[Court Case] Obligation to Pay Wages for Non-working Hours due to 'Maternity Harassment'
2024.09.18
[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2024.06.20
Business Practice/Hanrei Riview ≪Case Studies≫ Sakai Hikkoshi center Case (The Tachikawa Branch of the Tokyo District Court, August 9, 2023, Rodo Hanrei No.1305, p.5）
2024.06.19
[Court Case] A Case in which a Reassignment Order for the Purpose of Personnel Management was Declared Valid
2024.03.19
[Court Case] Whether it is Legitimate to Demand Repayment of the Overseas Training Expenses from a Resigned Employee
2024.03.19
[Court Case] A Case in which Encouragement of Resignation upon Becoming Aware of the Employee’s Mental Disorder was Found to be an Act to Harm his Moral Interest and Held Unlawful
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.20
[Court Case] A Case in which the Application of the System of Deemed Working Hours Outside the Workplace was Denied for Medical Reps
2023.12.20
[Court Case] A Case in which Conclusion of a Labor Contract was Denied because an Agreement had not been Reached on the Wage Amount
2023.12.20
[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
[Court Case] A Case in which a Dismissal due to Winding-up of the Company was Found Valid
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.09.13
[Court Case] A Case in which the Delay in Providing the Results of an Investigation Regarding Harassment and the Like to the Person who Reported the Incident was Found to be a Breach of the Duty of Care for Safety and the Principle of Good Faith and thereby Constitute a Breach of Obligation
2023.09.13
[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid
2023.09.13
[Court Case] A Case in which the Client’s Breach of the Duty of Care for Safety was Recognized with Respect to Harassment toward a Freelancer
2023.09.13
[Court Case] A Case in which the Company’s Claim for Damages against a Former Employee on the Grounds of Breach of a Non-competition Obligation was Dismissed
2023.06.15
Business Practice/Hanrei Riview ≪Case Studies≫ Hagoromo Gakuen (Hagoromo International University) Case (Osaka High Court, January 18, 2023, Rodo Hanrei No.1285, p.18）
2023.06.08
Legal Protection for Freelancers - Legal Protection Laws for Freelancers and Worker Status under the Labour Union Law -
2021.12.20
Journal of management Lawyers Council No. 210 "Report of the 15th Conference for the Yearly Review of Important Court Decisions"
2019.12.20
Journal of management Lawyers Council No. 203 "Report of the 11th Conference for the Yearly Review of Important Court Decisions"
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)

MORE

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