JAPAN Law and Practice Contributed by: Atsushi Igarashi, Yoichiro Kuriyama, Misa Takahashi and Kosuke Ojio, TMI Associates
ary requirements for all professional players have also been introduced. The Japan Fair Trade Commission (JFTC) has expressed concerns under the Anti‑Monopoly Act about rules that indefinitely restrict athlete transfers or mobility. Examples include rules that completely prohibit transfers, require unlimited consent periods from current teams, or allow transfers but indefinitely prohibit participation in competitions organised by the relevant governing body. In September 2024, the JFTC issued a warning to Nip - pon Professional Baseball (NPB) regarding practices that prohibited players from appointing non‑lawyers as agents for contract negotiations and restricted agents from representing multiple players. The JFTC indicated that such restrictions could violate the Anti‑Monopoly Act, after which NPB discontinued these practices. 7.2 Employer/Employee Rights In Japan, professional athletes are generally not clas - sified as “workers” under the Labour Standards Act, which defines a worker as “a person who is employed at a business and to whom wages are paid, regardless of the type of occupation.” However, athletes’ associations may form labour unions and participate in collective bargaining with leagues or teams under the Trade Union Act. This Act defines a worker as a “person living on wages, sala - ries, or other equivalent income regardless of the kind of occupation.” As a result, organisations such as the Japan Professional Baseball Players Association and the Japan Pro-Footballers Association are officially recognised as labour unions under the Labour Union Law. In these circumstances, leagues and teams are pro - hibited from treating athletes unfavourably due to their union activities. They must also not refuse collective bargaining requests from athletes’ unions without valid justification. 7.3 Free Movement of Athletes Although Japanese law does not directly restrict the participation of foreign athletes, all activities under -
taken in Japan by foreigners entering the country must align with an authorised activity under one of the resi - dence statuses provided in the Immigration Control and Refugee Recognition Act. Generally, the activities of a professional athlete fall under the “entertainer” residence status, while the activities of an amateur athlete – when the company pays the athlete a month - ly remuneration of JPY250,000 or more – fall under the “designated activities” residence status. In addition to immigration requirements, certain sports leagues have established foreign player quo - tas, including those governing baseball, football, basketball, and sumo wrestling. For example, in the B.LEAGUE PREMIER basketball league, up to three foreign players may participate on the court simulta - neously. Similarly, in the J1 League of professional football, clubs may field up to five foreign players at the same time. 8. Women’s Sport 8.1 Development and Growth of Women’s Sport One of the most noteworthy events demonstrating the recent development and growth of women’s sport in Japan was the establishment of a women’s pro - fessional football league in 2020, known as the WE League. Its first season commenced in September 2021. As the name derives from “women’s empower - ment”, the league is not only dedicated to promot - ing women’s football but also to fulfilling its broader mission: to promote a society in which people with diverse dreams and ways of living can shine, through women’s football and sport more generally. Furthermore, as described in 4.2 Corporate Govern- ance Codes , the JSA developed its sports govern - ance code in 2019. This code requires each sports organisation to ensure diversity within the composition of its officers and counsel. Specifically, sports organi - sations must set a target of at least 40% female offic - ers and counsel and implement concrete measures to achieve this. As a result, organisations are increasingly striving to meet these requirements, and the percent - age of female officers and counsel is steadily rising. Notably, the percentage of female directors across all
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