If an Employer may take disciplinary action against a Worker, and such disciplinary action lacks objectively reasonable grounds and is not found to be appropriate in general societal terms in light of the characteristics and mode of the act committed by the Worker pertaining to such disciplinary action and any other circumstances, such disciplinary order is treated as an abuse of rights and is invalid.
Worker
「労働者」
A person who works under an employer and is paid wages, with no requirement to work at a particular business or office.
Defined inArticle 2, paragraph (1)· applies throughout the law
Employer
「使用者」
The person or company that employs a worker and pays the worker wages.
Defined inArticle 2, paragraph (2)· applies throughout the law
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.