OSAKA--A man who was fired after refusing to transfer will sue an NEC Corp. subsidiary, arguing that it did not show adequate “care” for his family situation when it gave the order.

The 53-year-old, who plans to file the lawsuit at the Osaka District Court, is seeking reinstatement in the company and back pay.

A Supreme Court ruling in 1986 gave companies wide discretion over decisions on transferring employees. However, under the revised Child Care and Family Care Leave Law that went into effect in 2002, companies are obliged to show “caring when transferring” workers.

The man said he rejected the transfer to Kawasaki, Kanagawa Prefecture, because he needed to stay in Osaka Prefecture to take care of his family members.

An NEC official said the subsidiary made sufficient efforts to accommodate the man.

“We considered his wishes and his family situation, and we showed maximum care to him,” the official said. “There was no problem on our side.”

The man had worked for Tokyo-based NEC Solution Innovators Ltd., but was transferred to a different NEC subsidiary in Osaka, according to his lawyers. He was in charge of sorting out postal items.

However, the subsidiary decided in summer 2018 to shut down the man’s work place. He said he was then repeatedly asked to choose either early retirement or relocation to Kawasaki.

The man lives in Osaka Prefecture with his 11-year-old eldest son and 75-year-old mother. His son has a pre-existing condition that causes him to vomit three or four times a month. His mother suffers from cataracts and other diseases.

He told the company that it would be difficult for him to transfer outside the prefecture or find a new job, according to the lawyers.

In February, the company offered him a job as a systems engineer, a position he held at NEC Solution Innovators more than 15 years ago. Although the job was in Osaka, it involved work on medical systems, meaning he would be constantly on call.

He asked for a supplementary role in the work, saying he had not kept up with the latest advances in engineering, but the request was denied.

He was then asked to transfer to an NEC subsidiary that cleans buildings, the lawyers said. The man rejected the request, feeling that cleaning work was a form of punishment for his not accepting early retirement.

He then disobeyed the order to move to Kawasaki and was fired on April 17.

The plaintiff side will argue that the transfer to Kawasaki was ordered to make him leave the company, and that it was an abuse of authority over personnel issues.