JapanIn unfair dismissal, what can I request from the court?
In Japan, in an unfair dismissal case, you can request reinstatement, unpaid wages from dismissal to reinstatement, and/or payment in lieu of reinstatement.
What the Law Says
Under Japanese labor law, employees who suffer unfair dismissal may seek remedies through court action or labor tribunal. The primary statutory basis is the Labor Contract Act.
If a court finds a dismissal to be 'unreasonable' and thus invalid under Japanese law, the employee may request reinstatement to their former position. Reinstatement restores the employment relationship as if the dismissal never occurred.
The employee may also claim unpaid wages for the period between dismissal and reinstatement. Courts typically award full wages for this period, up to the date of actual reinstatement or judgment.
Alternatively, if reinstatement is impractical (e.g., due to severely broken trust), courts may order the employer to pay a lump sum in lieu of reinstatement — though this is not automatic and depends on circumstances.
Statutory TextA dismissal shall be deemed to be invalid if it lacks objectively reasonable grounds and is not considered appropriate in light of social norms.
— Labor Contract Act, s. 16 — Grounds for Dismissal
Statutory TextAn employee may demand reinstatement and payment of wages for the period from the date of dismissal to the date of reinstatement.
— Labor Contract Act, s. 20 — Effect of Invalid Dismissal
What to Do
File a claim for confirmation of employment relationship or wrongful dismissal within 2 years of dismissal.
Gather evidence: employment contract, dismissal notice, pay slips, emails, and witness statements.
Consider filing with the Labor Tribunal first (faster, lower cost) or directly with the District Court.
If seeking reinstatement, clearly state that request in your complaint; otherwise, the court may only award damages.
Attend all hearings and respond promptly to court orders or settlement proposals.
Sources
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-09.