>>27456964>>27457030>>27457119"non-compete" clauses in contracts are legal in Japan in very specific cases, but they are usually unenforceable due to the fact that they violate both Civil Code and the Constitution of Japan.
Article 22 Constitution of Japan:
"Every person shall have the freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare."
Article 90 of the Civil Code:
"A juristic act with any purpose which is against public policy is void."
Article 6 of the Labor Standards Act:
"Unless permitted by act, no person shall obtain profit by intervening, as a business, in the employment of others."
The enforceability of non-compete clauses is determined upon considering the balance between their necessity for the employer’s legitimate benefit (in most cases, protecting trade secrets) and the employee’s constitutional right to freedom of choice in employment. It is very difficult to persuade the court to prioritize the employer's benefit over that of the employee.
