Director's Liability to Employees - For Compliance with Labour Law

2016 Fiscal Year Final Research Report

• Project/Area Number: 26780050
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Otaru University of Commerce
• Principal Investigator: Minami Kengo 小樽商科大学, 商学部, 准教授 (70556844)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 取締役の責任 / 賃金責任 / 間接有限責任と債権者保護 / 労働コンプライアンス / 会社の法令遵守

Outline of Final Research Achievements

I researched a director's liability for wages and damages of employees for a compliance with labor law. I recently find that there are a few cases which employees try to establish directors' responsibility for unpaid wage and damages of employees by a corporation under the provision of Corporate Act §429 in Japan. In this research, I clarified the reason of director's liability for unpaid wage and damages of employees by considering the director's liability for it in the United States of America and Canada. I conclude that the wages of employees have to be protected in the same way as involuntary claim under the circumstances and employees can claim the damages to directors.

Free Research Field

民事法学