An article titled “Disguised Ukeoi Contract Issue from a Corporate Law Perspective, Based on Patterns and Judicial Precedents,” written by Kenji Sarukura, was posted on “BUSINESS LAWYERS.”
(1) Patterns of Disguised Ukeoi Contracts and Related Regulations, Penal Provisions, Etc.
1. Introduction
2. Analysis of specific types of misconduct (disguised ukeoi contract)
3. Forms of misconduct found in practical operations (disguised ukeoi contract)
4. Applicable laws and regulations
(2) Issues concerning disguised ukeoi contracts and points for preventing them, observed from actual cases
1. Introduction
2. Legal issues concerning disguised ukeoi contracts – criteria for finding a disguised ukeoi contract
3. Legal compliance measures
4. Conclusion
(3) Criteria for finding a disguised ukeoi contract and the risk of direct employment by way of a deemed offer of an employment contract, based on recent court precedents
1. Introduction
2. What is a disguised ukeoi contract?
3. Criteria for distinguishing lawful outsourcing from unlawful disguised ukeoi contract
4. Deemed offers of employment contract and risks involved in direct employment between outsourcer and outsourcee’s employees
5. Conclusion
(4) How to avoid an ukeoi/outsourcing contract being regarded as an “employment contract”
1. Why is it important whether the contract is an employment contract?
2. Aspects of determining whether it is an employment contract
3. When is it an “employment contract”? – “Worker” characteristics
4. Points for avoiding a contract having characteristics of an employment contract
https://www.businesslawyers.jp/white-papers/191