Labour law in Japan / Tadashi A. Hanami, Fumito Komiya.
2011
KNX1270 .H3465 2011 (Map It)
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Details
Author
Title
Labour law in Japan / Tadashi A. Hanami, Fumito Komiya.
Uniform Title
International encyclopaedia of laws. Labour law and industrial relations.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2011]
Distributed
Frederick, MD : Sold and distributed in North, Central, and South America by Aspen Publishers
Copyright
©2011
Call Number
KNX1270 .H3465 2011
Former Call Number
Jpn 660 H192 2011
ISBN
9789041134561 (pbk. : acid-free paper)
9041134565 (pbk. : acid-free paper)
9041134565 (pbk. : acid-free paper)
Description
226 pages : illustrations ; 24 cm
System Control No.
(OCoLC)720900442
Note
"Originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."
Bibliography, etc. Note
Includes bibliographical references (pages 61-66) and index.
Record Appears in
Added Author
Table of Contents
The Authors
3
List of Abbreviations
13
General Introduction
15
ch. 1
General Background
15
[§]1.
Geography and Population
15
[§]2.
The Political System
16
[§]3.
The Economy
19
[§]4.
Labour Force
20
[§]5.
Wage Disparity
26
[§]6.
Social and Cultural Values
29
ch. 2
Definitions and Notions
31
[§]1.
Social Security Law
31
[§]2.
Labour Law
34
I.
Individual Labour Law
35
II.
Collective Labour Law
36
III.
Labour Market Law
37
IV.
Legal Nature
37
ch. 3
Historical Background
39
[§]1.
Pre-World War II
39
[§]2.
Post-World War II
41
I.
Enactment of Labour Laws
41
II.
The Formation of Enterprise Unionism
43
III.
The Function of Enterprise Unions
44
IV.
Industrial Unions and National Centres
45
V.
History of Labour Politics and National Centres
46
ch. 4
Management Style and Employment Practices
48
[§]1.
Lifetime Employment Practice as a Policy and Strategy
48
[§]2.
Recent Changes and Developments
49
ch. 5
The Role of the Government
51
[§]1.
The Autonomy of the Social Partners
51
[§]2.
Government Institutions
52
I.
The Ministry of Health, Labour and Welfare
52
II.
Labour Inspection
52
III.
The Labour Relations Commissions
52
IV.
The Prefectural Bureaux of Labour Affairs
53
ch. 6
Sources of Labour Law
54
[§]1.
The Constitutions
54
[§]2.
Legislation
54
[§]3.
Administrative Interpretation
55
[§]4.
Guidelines
55
[§]5.
Collective Agreements
55
[§]6.
Work Rules (Shugyo-kisoku)
56
[§]7.
Labour Relations Practice
59
[§]8.
Cases and Legal Theories
59
[§]9.
International Sources
60
Selected Bibliography
61
pt. I
The Individual Employment Relationship
67
ch. 1
Formation of the Relationship
67
[§]1.
The Means of Recruitment and Hiring
67
[§]2.
The Different Categories of Employees
70
I.
Blue-collar Employs and White-collar Employees
70
II.
Regular Employees and Non-regular Employees
70
III.
Full-time Employees and Part-time Employees
71
IV.
Temporary Workers and Permanent Workers
72
V.
Private Employees and Public Employees
73
VI.
Contract Workers
74
VII.
Dispatched Workers
74
VIII.
Home Workers
78
[§]3.
Regulations Concerning the Conclusion of Individual Contracts
79
[§]4.
Conclusion of the Employment Contract and the Probation Period
80
I.
Tentative Decision of Employment (Naitei)
80
II.
Probationary Period (Shiyo kikan)
81
[§]5.
Contractual Capacity and Restrictions on Employment
82
I.
Minors
82
II.
Women
83
III.
Foreign Workers
83
ch. 2
Rights and Duties of the Parties during Employment
87
[§]1.
Employees' Duties
87
I.
The Duty to Work under the Employer's Orders
87
II.
The Duty of Good Faith and Observation of Workplace Discipline
91
A.
The Duty not to Misappropriate or Damage the Employer's Property
92
B.
The Duty not to Damage the Employer's Credit and Reputation
92
C.
The Duty to Respect Professional Secrets
94
D.
The Duty not to Engage in Competitive Work or Business
94
[§]2.
Employer's Duties
95
I.
The Duty to Provide Work
95
II.
The Duty to Care for Employees' Safety and Health
95
III.
The Duty to Care for Employees' Interests Other than Safety and Health
97
IV.
The Duty not to Infringe upon Employees' Personal Rights
98
V.
The Duty to Provide Decent Working Conditions
98
VI.
The Duty to Draw up the Shugyo-kisoku
98
VII.
Employer's Obligations at the End of the Labour Contract
99
ch. 3
Hours of Work, Overtime and Holidays
100
[§]1.
Hours of Work
100
[§]2.
Flexible Arrangements of Working Hours
101
[§]3.
Holidays
103
[§]4.
Overtime
104
[§]5.
Employees Exempted from Regulations on Working Hours, etc.
105
[§]6.
Night Work
105
[§]7.
Annual Paid Holidays
105
ch. 4
Remuneration and Benefits
107
[§]1.
Pay Systems
107
[§]2.
The Notion of Wages
110
[§]3.
The Notion of Average Wage
110
[§]4.
Civil Code Provisions Concerning Wages
111
[§]5.
Regulations Concerning the Payment of Wages
111
[§]6.
Retirement Allowance
112
[§]7.
Bonuses
113
[§]8.
Minimum Wages
113
[§]9.
Guarantee of Payment on the Employer's Insolvency
115
[§]10.
Remuneration during Time-off
116
I.
Suspension Allowances
116
II.
Accidents at Work and Occupational Diseases
116
III.
Leave of Absence
117
[§]11.
Suspension Period
118
ch. 5
The Termination of Employment
120
[§]1.
Job Security in General
120
[§]2.
Ending the Contract Other than by Dismissal
120
I.
Extinction of a Party
120
II.
The Expiry of a Fixed-term Contract
121
III.
The Occurrence of Events Agreed to as Causes of Termination
123
IV.
Termination by Agreement
124
V.
Resignation
124
[§]3.
Statutory Regulation
125
I.
Notice of Dismissal
125
II.
Other Statutory Regulation
126
[§]4.
Regulation through Work Rules (Shugyo-kisoku) and Collective Agreements
127
[§]5.
Doctrine of Abusive Dismissal
128
I.
Regulation
128
A.
Basic Rules
128
B.
Just Cause
130
C.
Dismissal for Economic Reasons
130
II.
Remedial Rules
131
[§]6.
Notice Requirement for Workforce Reduction
132
[§]7.
Measures for Employment Stabilization
133
[§]8.
Regulations Regarding the End of the Contract
134
[§]9.
Merger and Split of Company and Transfer of Business
135
[§]10.
Unemployment Benefits
136
ch. 6
Protection of Certain Categories of Worker and Protection against Discrimination in Employment
139
[§]1.
Protection of Adult Females
139
[§]2.
Protection of Minors
140
[§]3.
Protection of Elderly Workers
140
[§]4.
Protection of Disabled Workers
141
[§]5.
Discrimination and Equality
141
[§]6.
Equality of Males and Females in Employment
142
I.
Equal Payment for Males and Females
142
II.
Equal Treatment of Males and Females
143
III.
Equal Employment Opportunity Law
144
IV.
Non-discrimination against Non-regular Employees
146
ch. 7
Covenants of Non-competition/Inventions by Employees
149
[§]1.
Covenants of Non-competition
149
[§]2.
Inventions by Employees
150
pt. II
Collective Labour Relations
153
ch. 1
Trade Union Rights
153
[§]1.
Constitutional Rights
153
[§]2.
The Concept of Trade Unions
155
[§]3.
Union Membership
158
[§]4.
Disciplinary Power of Unions
160
ch. 2
The Trade Unions and Employers' Associations
162
[§]1.
The Trade Unions
162
[§]2.
The Employers' Associations
164
ch. 3
The Workers' Participation in the Enterprise
165
[§]1.
Different Forms of Working Participation
165
[§]2.
Employees' Representative System (Jugyoin Daihyo Sei)
165
[§]3.
Joint Labour-Management Consultation System (Roshi Kyogi Sei)
166
ch. 4
Collective Bargaining
169
[§]1.
Introduction
169
[§]2.
Parties to Collective Bargaining
169
[§]3.
Subjects, Forms and Procedures of Collective Bargaining
170
[§]4.
Remedies
171
ch. 5
The Collective Agreement
173
[§]1.
The Significance of the Collective Agreement
173
[§]2.
Formation of the Collective Agreement
173
[§]3.
Legal Effect of the Collective Agreement
174
I.
The Contents of the Collective Agreement
174
II.
Normative Effect
175
III.
General Binding Effect
176
IV.
Contract Obligation Effects
179
V.
Peace Obligation
180
[§]4.
Termination of Collective Agreements
180
ch. 6
Dispute Acts
182
[§]1.
The Notion of Dispute Acts
182
[§]2.
Proper Dispute Acts
182
I.
Acts by Bona Fide Unions
183
II.
The Purpose of the Dispute Acts
183
III.
Proper Ways of Dispute Acts
184
IV.
Proper Dispute Acts
184
[§]3.
Different Types of Dispute Acts
184
I.
Strikes
184
II.
Picketing
186
III.
Occupation of Workplace or Facilities and Boycotts
187
IV.
Pasting Posters, Wearing Ribbons, etc.
187
[§]4.
Legal Effects of Dispute Acts
189
I.
Civil Indemnity
189
II.
Criminal Indemnity
191
III.
Dispute Acts and Wages
191
[§]5.
Lock-outs
193
[§]6.
Restriction and Prohibition of Dispute Acts
194
I.
Prohibition of Dispute Acts which Endanger Human Life
194
II.
Restriction of Dispute Acts in Public Welfare Work
194
III.
Emergency Adjustment and Dispute Acts
195
IV.
Prohibition of Dispute Acts in the Public Sector
195
ch. 7
Unfair Labour Practices and Administrative Relief
197
[§]1.
The Unfair Labour Practice System
197
[§]2.
The Concept of an Èmployer' under the Unfair Labour Practices System
197
[§]3.
Intent for an Unfair Labour Practice
199
[§]4.
Different Types of Unfair Labour Practice
201
I.
Disadvantageous Treatment
201
II.
Conclusion of Ỳellow Dog' Contracts
201
III.
Refusal to Engage in Collective Bargaining
201
IV.
Control or Interference
202
[§]5.
Existence of Plural Unions and Unfair Labour Practice
203
[§]6.
The Labour Relations Commissions
204
[§]7.
Administrative Remedies and Judicial Remedies
206
ch. 8
Settlement of Labour Disputes
209
[§]1.
Categories of Industrial Dispute
209
[§]2.
Role of the Courts
210
[§]3.
Alternative Resolution of Individual Disputes
211
I.
Background
211
II.
ADR Systems - Administrative in Nature
212
III.
ADR Systems - Judicial in Nature
213
IV.
Resolution System inside Workplaces
217
[§]4.
Settlement of Collective Disputes
217
Table of Statutes
219
Index
221