Japon : la période d'essai
| Auteur | Legal News |
La loi japonaise sur le contrat de travail promulguée en novembre 2007 et entrée en application le 1er mars 2008 dispose qu'un licenciement est nul s'il constitue un abus du droit de la part de l'employeur quand il n'existe pas de raison objectivement raisonnable pour une telle action et quand cela n'apparaît pas socialement approprié. En effet, l'employeur jouit d'une liberté d'embauche qui dérive d'un principe constitutionnel, celui de faire des affaires, découlant lui-même de l'article 22 de la Constitution. Ainsi, en vertu de ce droit, l'employeur est libre de choisir le nombre de personnes qu'il va recruter. L'employeur est également libre de choisir la méthode de recrutement. Appelée "Shiyô kikan", la période d'essai d'un contrat de travail au Japon dure normalement entre 1 et 6 mois, le plus souvent 3 mois. Selon la Cour suprême japonaise, la période d'essai doit être...
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