Labor Policy

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Labor Policy

• Keiichiro HAMAGUCHI

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Chapter 5

• Industrial Relations Policy

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Section 3

• Conflict Resolution Schemes

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(1) Labor Dispute Mediation Law in pre-war era

• Article 17 of 1900 Public Peace Police Law
  banning almost trade union activities was deleted
  in 1926.
• 1926 Labor Dispute Mediation Law treated labor
  dispute as a lawful act.
• It provided tripartite ad hoc mediation
  committee.
• Compulsory mediation for public utilities,
  voluntary mediation for general private
  industries.

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(2) Labor Relations Adjustment Law in post-war era

• 1946 Labor Relations Adjustment Law provided
  permanent tripartite body Labor Relations
  Commission.
• Conciliation, mediation and arbitration
• Prohibition of dispute acts which hamper or cause
  the stoppage of normal maintenance or operation
  of safety equipment
• Notification obligation 10 days prior to dispute
  act for public utilities
• ILO Recommendation No.92 on Voluntary
  Conciliation and Arbitration adopted in 1951.

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(3) Unfair Labor Practice

• 1949 revised Trade Union Law introduced
  administrative remedial procedure for unfair
  labor practice.
• Anti-union acts disadvantageous treatment of
  union members, refusal to bargain, domination and
  interference in union administration
• 1949 ILO Convention No.98 on Collective
  Bargaining provided adequate protection against
  anti-union discrimination.

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(4) Resolution of Individual Labor Disputes

• 2001 Law for Promoting the Resolution of
  Individual Labor Disputes allows Local Labor
  Bureaus to take part in resolution of individual
  labor disputes.
• Dispute adjustment committee may propose a
  settlement plan, acceptance is voluntary.

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(5) Labor Tribunal

• Labor Tribunal Law enacted in 2004 after
  discussions in Judicial System Reform Council and
  its Labor committee.
• Between distinct tripartite labor court and just
  judicial mediation including social partners
• Enforced in 2006