영문목차
AUTHOR'S PREFACE TO THE SECOND ENGLISH-LANGUAGE EDITION=xxxi
AUTHOR'S PREFACE TO THE FIRST ENGLISH-LANGUAGE EDITION=xxxiii
TRANSLATOR'S NOTE TO THE SECOND ENGLISH LANGUAGE EDITION=xxxv
TRANSLATOR'S NOTE TO THE FIRST ENGLISH LANGUAGE EDITION=xxxviii
BOOK ONE:INTRODUCTION=3
CHAP. ONE:SUMMARY AND HISTORICAL DEVELOPMENT OF LABOR LAW=3
1. Definitions=3
2. Civil Law Principles and Their Modifications in the Field of Employment Relations=3
(1) Civil Law Issues in Employment Relations=3
(2) Civil Law Amendments Related to Labor Law=4
3. Development of Labor Law in Japan=5
(1) Pre-World War Ⅱ=5
(2) Post-World War Ⅱ=8
4. Development and Reorganization of Post-war Labor Law=10
(1) The Framework of the Post-war Labor Law System=10
(2) The Development of Post-War Labor Law=10
3. The Reorganization of the Post-war Labor Law System=12
CHAP. TWO:FUNDAMENTAL CONSTITUTIONAL PROVISIONS=15
1. The Basic Character of Articles 27 and 28 of the Constitution=15
(1) The Existence and Character of Fundamental Provisions in the Constitution=15
(2) Articles 27 and 28:Common Aspects and Individual Characteristics=15
2. The Right to Work:Article 27, Paragraph 1=16
(1) Introduction=16
(2) The Right to Work=16
(3) The Obligation to Work=17
3. Establishment of Labor Standards:Constitution, Article 27, Pars. 2 and 3=17
(1) Introduction=17
(2) Fixing Labor Conditions Standards by Law=18
(3) Prohibiting the Exploitation of Children=18
4. Article 28:The Right to Organize and to Bargain and Act Collectively=18
(1) Introduction=18
(a) Basic Purpose=18
(b) Introduction=19
(c) Worker=21
(2) The Right to Organize=21
(a) Meaning=21
(b) Legal Effects=22
(3) The Right to Bargain Collectively=23
(a) Meaning=23
(b) Legal Effect=24
(4) The Right of Collective Action=25
(a) Meaning=25
(b) Content and Effects of the Dispute Right=25
(c) Content and Effects of the Right to Engage in Union Activities=28
BOOK TWO:LAW OF THE LABOR MARKET=31
CHAP. ONE:INTRODUCTION=31
1. Basic Principles of Legal Regulation=31
2. Transitions in Legal Regulation=32
(1) In the Course of Economic Revival(From the end of WWⅡ to Circa 1955)=32
(2) The Start of the Period of Economic Growth(Circa 1958-1965)=32
(3) The Period of High Economic Growth(From Circa 1966 to 1973)=33
(4) Low Growth Conversion Period(1974-Circa 1980)=34
(6) Responses to Structural Changes in the Labor Market=35
(6) The 1990s Recession and Employment Policies=36
(7) Creating Systems for an Aging Society with Fewer Children=36
(8) Coping with Employment Diversification and Large Scale Employment Adjustments=37
CHAP. TWO:CONTENT OF LAWS=40
1. The System of Intermediaries Between Job Offers and Job Seekers:The Employment Stabilization Law=40
(1) Historical Development of Legal Regulation=40
(2) The Basic Concept=42
(3) Common Rules for Employment Security Agencies and Private Entrepreneurs=43
(4) Public Employment Stabilization Agencies, including Employment Stabilization Offices=44
(5) Regulation of Private Employment-Service Enterprises=45
(6) The Prohibition of Labor Supply Enterprises=47
(7) Penal Regulations=48
2. Development of Vocational Ability=48
(1) Introduction=48
(2) The Basic Policy=49
(3) Measures for Promoting the Development of Vocational Ability Undertaken by Employers and Others=49
(4) Implementation of State and Prefectural Vocational Training=51
(5) Trade Skill Tests=51
3. Unemployment, etc. Payments=51
(1) Employment Insurance Coverage Scheme=52
(2) The Structure of Unemployment, etc. Payments=53
(3) Payments to General Insured Job-Seekers=54
(4) Payments to Insured Job-Seekers Other than Those Who are Generally Insured=57
(5) Continuous Employment Payments=57
(6) Responsibilities for Expenses=58
4. Promoting Employment and Preventing Unemployment=59
(1) The Three Programs For the Stabilization of Employment=59
(2) Promoting Employment of Older Persons=61
(3) Promoting the Employment of Disabled Persons=63
(4) Promotion of Regional Employment Development=66
BOOK THREE:INDIVIDUAL LABOR RELATIONS LAW=74
CHAP. ONE:INTRODUCTION TO INDIVIDUAL LABOR RELATIONS LAW=74
SEC. ONE:MEANING AND CHARACTERISTICS OF THE LABOR CONTRACT=74
1. The Meaning of Labor Contract=74
2. General Characteristics of Labor Contract Relations=75
3. The Basic Aspects of the Labor Contract=76
(1) The Relationship Between Furnishing Labor and Remuneration Therefor=76
(2) The Relationship for Carrying Out Systematic Labor=77
(3) The Relationship Requiring Good Faith and Care=78
SEC. TWO:STRUCTURE, COVERAGE AND EFFECTS OF INDIVIDUAL LABOR RELATIONS LAW=83
1. The Structure of Individual Labor Relations Law=83
(1) Labor Protective Laws=83
(2) Labor-Contract Case Law=83
(3) Collective Agreements and Work Rules=84
(4) Workplace Labor-Management Agreements=84
(5) Agreement with Individual Workers=87
2. Coverage Under the Labor Standards Law=88
(1) Covered Enterprises=89
(2) Exclusions from Coverage=92
(3) Application of the Labor Standards Law to Legally Invalid Labor Contracts=93
3. Covered "Workers"=93
(1) The Issues=93
(2) "Director" or "Worker"?=94
(3) Discretionary Suppliers of Work=95
(4) Persons with Special Contracts=95
(5) Small Subcontractors=96
4. Employer=96
(1) Employer Under a Labor Contract=96
(2) The Employer as the Principle Responsible Party for a Labor Standards Law Violation=99
5. The Effects of the Labor Standards Law=100
(1) Preemptive Legal Effects=100
(2) Requiring Additional Payments=100
(3) Penal Provisions=101
6. Administrative Supervision of the Labor Standards Law=102
(1) Organization of Supervisory Agencies=102
(2) The Authority of the Supervisory Agencies=102
(3) Reporting Violations=103
(4) Employer Duties Designed to Effectuate the Labor Standards Law=103
(a) The Duty to Make the Laws Known=104
(b) The Duty to Prepare a Roster of Workers=104
(c) The Duty to Prepare a Wage Ledger=104
(d) The Duty to Preserve Records=104
(e) The Duties to Report and Appear=105
SEC. THREE:LEGAL REGULATION AND EFFECTS OF WORK RULES=110
1. Introduction=110
2. The Employer's Duties With Respect to Drawing Up and Changing Work Rules=110
(1) The Duty to Draw Up and Submit the Rules=110
(2) Matters to be Covered in Work Rules=111
(3) The Duty to Request the Workers' Opinion=113
(4) The Duty to Make the Work Rules Known to the Workers=114
3. The Effects of Work Rules=114
(1) The Supremacy of Laws, Ordinances and Collective Agreements=114
(2) The Preemptive Legal Effects of Work Rules=115
(3) The Legal Character of Work Rules=116
(4) The Binding Effect of Disadvantageous Changes in the Work Rules=119
(5) Judicial Determinations of Reasonableness of Work Rules Changes=120
(6) Clarifying the Case Law Reasonableness Determinations=121
(7) Requisites for the Work Rules' Effects=125
CHAP. TWO:LEGAL REGULATION OF THE FORMATION OF LABOR RELATIONS=129
SEC. ONE:FREEDOM WITH RESPECT TO HIRING=129
1. The Basis and Limits of Hiring Freedom=129
2. The Contents of Hiring Freedom=131
(1) Freedom to Determine the Number of People to Hire=131
(2) Freedom With Respect to Methods of Recruitment=131
(3) Freedom of Choice=131
4. The Freedom to Conclude Contracts=133
5. Freedom to Investigate=133
SEC. TWO:LABOR STANDARDS LAW CONTROL OF LABOR CONTRACT FORMATION=136
1. Clear Statement of Working Conditions=136
(1) The Duty to Clearly State the Working Conditions=136
(2) The Right to Cancel the Contract Immediately if it Differs from the Facts=138
2. Conclusion of Labor Contracts by Minors=138
SEC. THREE:"TENTATIVE DECISION TO HIRE"=140
1. Identifying the Issues=140
2. Establishment of the Labor-Contract Formation Theory=140
3. The Legality of a Tentative Hiring Cancellation=142
4. The Tentative-Hiring Relationship=143
(1) The Meaning of the Day of Entering the Company=143
(2) The Tentative Decision and the Obligation of a Clear Statement of Working Conditions=143
(3) Cancellation of a Tentative Hiring Decision and Notice of Dismissal=144
5. Administrative Regulation of Tentative-Hiring Cancellations=144
CHAP. THREE:LEGAL REGULATIONS CONCERNING THE DEVELOPMENT OF LABOR RELATIONS=146
SEC. ONE:BASIC PRINCIPLES=146
SUBSEC. ONE:GUIDING PRINCIPLES OF LABOR RELATIONS=146
1. The Principles of Working Conditions=146
2. Equality in Determining Working Conditions and Observance of Contractual Norms=146
SUBSEC. TWO:THE PROTECTION OF WORKERS' CIVIL LIBERTIES=148
1. The Equal-Treatment Principle=148
(1) Basic Purpose=148
(2) The Meaning of "Working Conditions" and "Discriminatory Treatment"=148
(3) Discrimination Based on Nationality=148
(4) Discrimination Based on Creed=149
(a) The Meaning of "Creed"=149
(b) Discrimination Based on Political "Acts"=149
(c) Conflicting Reasons for "Discriminatory Treatment"=149
(5) Discrimination Based on "Social Status"=150
(6) Results of a Violation of the Equal-Treatment Principle=150
2. Prevention of Unfair Personal Restrictions=151
(1) Prohibition of Forced Labor=151
(2) Contract Period Limitation=152
(3) Ban on Predetermined Indemnity=153
(4) Ban on Offsets Against Advances=154
(6) Ban on Compulsory Savings and Restriction of Voluntary Savings=155
(a) The Ban on Compulsory Savings=155
(b) Controlling the Management of Voluntary Savings=155
3. Elimination of Intermediate Exploitation=155
4. Guarantee of the Exercise of Civil Rights=156
5. The Protection of Privacy, Health and Safety in Dormitories=157
SUBSEC. THREE:MALE-FEMALE EQUALITY IN EMPLOYMENT=161
1. The Labor Standards Law's Principle of Equal Wages for Males and Females=161
2. Public-Order Legal Principles Governing Equal Treatment of the Sexes=163
3. The Equal Employment Opportunity Law=165
(1) The 1985 Enactment of the Equal Employment Opportunity Law=165
(2) The 1997 Revision of the Equal Employment Opportunity Law=167
(3) The Features of the Law's Revision=169
(4) Recruitment and Hiring=171
(5) Assignment, Promotion and Training=172
(6) Fringe Benefits=174
(7) Mandatory Retirement, Voluntary Retirement and Dismissals=174
(8) Affirmative Action=174
(9) Sexual Harassment=175
(10) Administrative Agency Assistance in Dispute Resolution=177
SEC. TWO:TRANSITIONAL LABOR RELATIONSHIPS:PROBATIONARY EMPLOYMENT(SHIY O)=181
1. Typical Systems and Their Legal Structure=181
2. Requirements for Exercising Reserved Cancellation Rights=182
3. Extension of Probation Legal Principles to Transitional Term Employment=184
4. Extension and Interruption of the Probationary Period=185
(1) Extension of the Probationary Period=185
(2) Interruption of the Probationary Period=186
SEC. THREE:ATYPICAL LABOR RELATIONS=188
SUBSEC. ONE:FIXED-TERM WORKERS=188
1. The Meaning and Categories of Short-Term Workers=188
2. Legal Regulation of Fixed-Term Employment=188
(1) Concluding a Term Employment Contract=188
(2) Limiting the Length of the Term in a Fixed-Term Employment=188
3. Case Law Principles on Truncating Term Employment=191
(1) Civil Code Principles=191
(2) Legal Regulation of Employment Termination after Repeated Renewals=192
(3) The Trend of Court Cases on Employment Termination=193
(4) Legal Regulation of Adjustment Dismissals of Term Employees=194
SUBSEC. TWO:PART-TIME WORKERS=198
1. Introduction=198
(1) Definition of Part-Time Workers=198
(2) Labor Law Coverage=198
2. Legal Regulation of Short-Time Workers=199
3. Various Problems in Employment Management=199
(1) Clear Statement of Working Conditions=199
(2) Wages=200
(3) Working Hours and Annual Paid Leaves=202
(4) Dismissals and Termination of Employment=203
SUBSEC. THREE:USING NON-COMPANY EMPLOYEES=206
1. Patterns in Using Non-Company Employees=206
2. Contracts for Work=207
(1) Meaning of a Contract for Work=207
(2) Labor Relations Stemming from a Contract for Work=207
3. Worker Dispatch=208
(1) The Purpose and Character of the Worker Dispatching Law=208
(2) The Meaning of Worker Dispatching=208
(3) Regulation of Worker-Dispatch Undertakings=209
(4) Covered Work and Dispatch Periods=210
(5) Worker-Dispatch Contracts=211
(6) Measures to Be Taken by Employers of Dispatching Undertakings=213
(7) Measures to Be Taken by the Client=213
(8) The Applicability of Labor Protective Laws=214
(9) Labor Contract Relations=214
SEC. FOUR:WAGES=218
SUBSEC. ONE:THE MEANING AND SYSTEM OF WAGES=218
1. The Meaning of "Wage"=218
(1) The Significance of Wage Definitions=218
(2) Whether a Payment falls under a "Wage"=218
2. Civil Code Principles Concerning Wages=220
(1) Requirements for the Right to Demand Wages=220
(2) The Right to Claim Wages When Work Performance is Impossible=220
3. Labor Law Principles Concerning Wages=221
4. Wage Systems and Patterns=222
(1) Wage Systems=222
(2) Scheduled Wages=222
(3) Wages:Forms of Payment=223
(4) Bonuses=224
(5) Retirement Allowances(Retirement Payments)=225
(6) Recent Changes in Wage Systems=227
SUBSEC. TWO:WAGE PROTECTION UNDER THE LABOR STANDARDS LAW=232
1. Various Principles Concerning the Payment of Wages=232
(1) The Payment-in-Cash Principle=232
(2) The Direct-Payment Principle=233
(a) Payment to a Representative=233
(b) Payment to an Envoy=233
(c) Assignment of Wage Claims=233
(d) Attachment of Wage Claims=234
(3) The Payment-in-Full Principle=234
(a) Offsets=235
(b) Corrective Offsets=236
(c) Offsets Consented to by Employees=236
(d) Abandonment of Wage Claims=237
(4) The Principle of Paying Wages More than Once a Month on Specified Dates=237
2. Allowance for Business Interruptions=238
(1) The Purpose=238
(2) "Business Interruption"=238
(3) "Reasons Attributable"=238
3. Guaranteed Payment of Piece-Work Wages=239
SUBSEC. THREE:MINIMUM WAGES LAW=242
1. Historical Development=242
(1) Former Provisions of the Labor Standards Law=242
(2) Enactment of the Minimum Wages Law=242
(3) Major Amendment of the Minimum Wages Law=242
2. Content of the Present System=243
(1) Basic Items=243
(2) Methods of Determining Minimum Wages Under the Law=243
(3) Regional Minimum Wages=244
(4) New Industries Minimum Wages=245
(5) Exclusion from Application of Minimum Wages=246
(6) Minimum Wages:Effects and Enforcement Mechanisms=246
SUBSEC. FOUR:SECURING SATISFACTION OF WAGE CLAIMS=249
1. Compelling Performance Under the Labor Standards Law=249
2. The Grant of Priorities by the Civil and Commercial Codes=249
3. Protection of Wage Claims in Bankruptcy Procedures=251
(1) Wage Protection in Bankruptcy Procedures=251
(2) Wage Protection in Company Rehabilitation Proceedings=252
(3) Civil Rehabilitation Procedures and Wages=252
(4) Commercial Code(Company Reorganization) and Wages=253
(5) Private Adjustments and Wages=253
4. Security of Wage Payment Law=254
(1) Legislative History=254
(2) The Content of the Law=254
(a) Government Payment of Unpaid Wages=254
(b) Preservative Measures for Employee Savings and Retirement Allowances=255
(c) Interest for Delay in Paying the Wages of Retired Workers=256
SEC. FIVE:WORKING HOURS AND REST PERIODS=259
SUBSEC. ONE:PRINCIPLES OF WORKING HOURS AND REST DAYS=259
1. Working-Hours Principles=259
(1) Legal Working Hours in a Week=259
(2) Legal Working Hours in a Day=261
(3) The Legal Effects of Legal Working Hours=261
(4) When Work is Performed in More than Two Workplaces=262
2. The Rest-Periods Principle=262
(1) Length and Location of Rest Periods=262
(a) Length of Rest Periods=262
(b) The Location of Rest Periods=263
(2) The Principle that Rest Periods be Provided "At the Same Time"=263
(3) The Principle of Free Use of Rest Periods=263
(4) Mine Work Exceptions=264
(5) Exceptions Regarding Rest in Service Industries=265
(6) Rest Periods that Exceed Statutory Standards=265
3. The Principle of Weekly Rest=266
(1) Historical Development and Present Situation=266
(2) The Content of the Weekly Rest System Principle=267
(a) The Meaning of "Per Week"=267
(b) Meaning of "Rest Day"=267
(c) Designation of Rest Days=268
(d) The Location of Rest Days=268
(3) Modified Weekly-Rest Systems=269
(4) Requirements for Changing Rest Days=269
(a) Changes Prior to the Original Rest Day=269
(b) Changes on or After the Original Rest Day=270
4. Exemptions from the Principles of Working Hours, Rest Periods and Rest Days=270
(1) The Purpose of the Exemptions=270
(2) Persons Engaged in Agricultural and Forestry, Animal Husbandry, and Marine Products Enterprises=271
(3) Supervisors and Managers=271
(4) Guards and Persons Engaged in Intermittent Labor=272
5. The Concept of Working Hours=273
(1) The Definition of Working Hours=273
(2) Discrepancies Between Scheduled and Actual Working Hours=274
SUBSEC. TWO:OVERTIME AND REST-DAY WORK=279
1. Ways of Regulating Overtime and Rest-Day Work=279
(1) The Meaning of "Overtime and Rest-Day Work"=279
(2) The Circumstances of, and the Revised Law's Approach to, Overtime Work=279
2. Overtime and Rest-Day Work Because of Emergencies=281
3. Overtime and Rest-Day Work Pursuant to an Article 36 Agreement=282
(1) Legislative Purpose=282
(2) Overtime and Rest-Day Work Agreements(Article 36 Agreements)=283
(a) The Content of the Agreement=283
(b) The Term of the Agreement=286
(c) The Form of the Agreement and Filing=286
(d) The Effects of Concluding and Filing the Agreement=287
(3) The Duty of Overtime and Rest-Day Work:Prerequisites=287
4. Increased Wages for Overtime, Rest-Day and Night Work=288
(1) Introduction=288
(2) Excluded Wages=289
(3) The Increased Rate for Overlapping Overtime, Rest-Day and Late-Night Work=290
SUBSEC. THREE:MAKING MAXIMUM WORKING HOURS FLEXIBLE-AVERAGING WORKING HOURS=293
1. Averaging Working Hours Over a One-Month Period=294
(1) Introduction=294
(2) Requirements=294
(3) Working-Hours Averaging Systems and Overtime Work=295
2. One-Year Working-Hours Averaging Systems=296
(1) Meaning=296
(2) The System's Changes=296
(3) Requirements=297
(4) Legal Effects=299
3. Averaging Variable Working-Hours in a One-Week Period=300
(1) Meaning=300
(2) Coverage=301
(3) Requirements=301
(4) Legal Effects=301
4. Limits on the Coverage of the Working-Hours Averaging System=302
(1) Limits on the Applicability to Expectant and Nursing Mothers=302
(2) Considerations Concerning Persons Engaged in Childcare, etc.=302
SUBSEC. FOUR:FLEXIBLE AND DISCRETIONARY WORKING-HOURS SYSTEMS=305
1. Flex-Time Systems=305
(1) Meaning=305
(2) Requirements=305
(3) Legal Effects=306
2. Discretionary-Work Systems=308
(1) Purpose and Historical Development=308
(2) The Conclusive Presumption System's Perspective=311
(3) Specialized-Occupations Discretionary-Work Systems=312
(a) Targeted Occupations=312
(b) Requirements=313
(4) Discretionary-Work Systems for Planning Work=313
(a) Prerequisites=313
(b) Procedural Requirements=314
SUBSEC. FIVE:ANNUAL PAID-LEAVE=319
1. The Outline of Annual Leave Systems and Their Revision=319
(1) Purpose and International Standards=319
(2) The Characteristics of Japan's Annual-Leave System=319
(3) Revision of the Annual-Leave System=319
2. Acquisition of a Right to Annual Leave=320
(1) The Distinction Between the Right to Annual Leave and the Right to Designate When It Will be Taken=320
(2) Conditions that Must Be Satisfied for Acquiring a Right to Annual Leave=321
(a) "Employed Continuously for Six Months"=321
(b) "Reported For Work on at Least 80% of the Total Working Days"=321
(3) The Number of Days of Leave=322
(4) The Legal Effects of the Right to Annual Leave=324
3. Specification of the Period for Annual Leave=324
(1) Designating the Leave Period=324
(a) The Meaning of "Period"=324
(b) Designation of a Specific Period=324
(c) Designation of the Season for Annual Leave=326
(2) Exercising the Right to Change the Period=326
(a) Circumstances Under Which the Right to Change the Period May be Exercised=326
(b) "Interference With the Normal Operation of the Enterprise"=327
(3) Scheduled Annual Leaves Under Labor-Management Agreements=329
4. How Annual Leaves Are Used=330
(1) The Principle of Free Use of Annual Leave=330
(2) The Deliberate Use of Annual Leave for Labor-Dispute Purposes=331
5. The Disposition of Unused Annual Leave=332
(1) Limitations Periods and Carrying Over Annual Leaves=332
(2) Annual-Leave Buy-Outs by Employers=333
6. The Taking of Annual Leave and Disadvantageous Treatment=333
7. Annual Leaves That are Not Prescribed by Law=334
SEC. SIX:SAFETY AND HEALTH=338
1. The Industrial Safety and Health Law=338
(1) The Reasons for the Law's Enactment=338
(2) Basic Provisions=338
(3) Industrial Accident Prevention Program=340
(4) Safety and Health Management System=340
(5) Measures for Preventing Hazards and Health Impairment of Workers=342
(6) Regulations Concerning Hazardous Machinery and Harmful Substances=343
(7) Measures in Employing Workers=344
(8) Health-Preservation and Health-Promotion Measures=344
(9) Measures Designed to Create a Comfortable Workplace Environment=346
(10) Industrial Safety and Health Improvement Plans=347
(11) Notification of Plans to Establish, etc. Buildings or Machines, etc.=347
(12) Enforcement Mechanisms=347
(13) Penal Sanctions=348
2. Laws Related to the Industrial Safety and Health Law=348
SEC. SEVEN:PROTECTION OF WOMEN AND MINORS=352
SUBSEC. ONE:PROTECTION OF MINORS=352
1. Special Regulations Concerning the Conclusion of Labor Contracts with Minors=352
(1) Minimum Age=352
(2) Minors' Conclusion of Labor Contracts=353
2. Minors' Working Hours=354
(1) Minors Who Have Reached the End of the First March 31Superscriptst After Reaching 15 Full Years of Age and Are Under 18 Full Years of Age=354
(2) Children Who Have Not Reached the End of the First March 31Superscriptst After Reaching the Age of 15=355
3. Prohibition of Night Work=355
(1) The Principle=355
(2) Exemptions=356
4. Special Regulations Concerning Minors' Safety and Health=356
(1) Limitations on Engaging in Hazardous and Harmful Duties=356
(2) The Ban on Underground Work=357
SUBSEC. TWO:PROTECTION OF WOMEN'S MOTHERHOOD CAPACITY=360
1. Changes in Labor Standards Law's Protection of Women=360
2. Elimination of the General Protective Provisions for Women=360
(1) Eliminating Provisions that had Restricted Overtime and Rest-Day Work and Prohibited Late-Night Work=360
(2) The Institutional Treatment of the Repeal of Protective Provisions=361
3. The Ban on Work Harmful to Maternal Functions=362
4. Pre-Childbirth and Post-Childbirth Protections=363
(1) Pre-Childbirth and Post-Childbirth Leaves=363
(2) Transfer to Light Work=364
(3) Applicable Limits on Working-Hours Averaging Systems and Overtime, Rest-Day and Night Work Ban, Based on an Expectant or Nursing Mother's Request=364
5. Childcare Time=365
6. Leaves for Women for Whom Work During Menstrual Periods Would be Difficult=365
SEC. EIGHT:WORK ASSISTANCE FOR A SOCIETY WITH A GROWING NUMBER OF ELDERS AND A DECREASING NUMBER OF CHILDREN=368
1. Introduction=368
(1) The Subjects of Childcare and Nursing-Care Legal Regulation=368
(2) Enactment of the Childcare Leave Law=368
(3) Enactment of the Nursing-Care Leave Law=368
(4) The Childcare and Nursing-Care Leave Law's Coverage and Particular Laws=369
2. Childcare Leaves=369
(1) Starting Childcare Leave by Requesting It=369
(2) The End of the Childcare-Leave Period=370
(3) Prohibited Dismissals=370
(4) Treatment During the Leave Period=371
(5) Reducing Working Hours, etc.=371
(6) Guidelines=372
3. Nursing-Care Leaves=372
(1) The Right to a Nursing-Care Leave=372
(2) Prohibition of Dismissals=373
(3) Reducing Working Hours, etc.=373
(4) Wages During the Leave Period=373
(5) Exercising the Right to a Nursing-Care Leave=373
SEC. NINE:WORKERS' ACCIDENT COMPENSATION=377
SUBSEC. ONE:INTRODUCTION=377
1. Basic Character and Distinctive Features of the Workers' Accident Compensation System=377
2. Development of the Workers' Accident Compensation System in Japen=378
(1) The Workers' Accident Compensation System Under the Labor Standards Law=378
(a) Medical Compensation=378
(b) Compensation for Lost Time=378
(c) Compensation for Discontinuance=378
(d) Compensation for Disabilities=378
(e) Survivors' Compensation=378
(f) Payment of Compensation in Installments=378
(g) Funeral Expenses=378
(2) Development of the Workers' Accident Compensation Insurance Law(The Present Workers' Accident Compensation System)=379
SUBSEC. TWO:OUTLINE OF WORKERS' ACCIDENT COMPENSATION INSURANCE LAW=382
1. Structure of the Workers' Accident Insurance Law=382
(1) Purpose=382
(2) Administration, Covered Undertakings, Funding=382
(3) Insurance Benefits=383
(4) Labor Welfare Services=383
2. Insurance Benefits for Employment Injuries=384
(1) The Concept of "Employment Injuries"=384
(2) Injuries and Death In the Course of Employment=385
(a) In the Course of Employment=385
(b) Caused by Duties=385
(3) "Illnesses Resulting From Employment"=386
(4) Scope of Insurance Benefits=388
(a) Medical Compensation Benefit=388
(b) Temporary Absence Compensation Benefit=389
(c) Disability Compensation=389
(d) Survivors Compensation Pension=390
(e) Funeral Expenses=391
(f) Injury and Disease Compensation Pension=391
(g) The Compensation Benefit for Nursing Care=391
(5) Insurance Benefit Procedures=392
(6) Benefit Limits=392
(7) Statute of Limitations=393
3. Insurance Benefits With Respect to Commutation Injuries=394
(1) The Concept of "Commuting Injuries"=394
(2) The Content of Insurance Benefits=395
SUBSEC. THREE:NON-STATUTORY COMPENSATION=400
1. Damage Claims under the Civil Code=400
(1) Permissible Damage Claims=400
(2) The Doctrine of Employer's Duty to Care for Employee Safety and Health=400
(3) The Actual Content of the Duty to Care for Safety=402
(4) Damage Claims Against Third Parties=404
(5) Adjusting Workers' Accident Insurance Benefits and Damages=405
2. Workers' Accident Supplementary Compensation System=408
(1) Meaning=408
(2) Legal Issues=408
SEC. TEN:ENTERPRISE ORDER AND DISCIPLINE=412
SUBSEC. ONE:ENTERPRISE ORDER=412
1. Disciplinary Rules(Fukumukiritsu) in Enterprises=412
(1) The Content of Disciplinary Rules=412
(a) Disciplinary Rules in a Narrow Sense=412
(b) Rules Governing the Management and Maintenance of Enterprise Property=413
(c) Rules Derived From an Employee's Position and Status=413
(2) The Concept of Disciplinary Rules=413
2. Enterprise Order=413
(1) The Concept of Enterprise Order=413
(2) Employers' Right to Establish and Maintain Enterprise Order=414
(3) The Limits of Employers' Enterprise-Order Right=415
SUBSEC. TWO:DISCIPLINE=419
1. The Meaning of Disciplinary Measures=419
2. The Basis and Limits of the Right to Take Disciplinary Measures=419
(1) The Basis of the Right to Take Disciplinary Measures=419
(2) Limitations on The Right to Impose Discipline=420
3. Types of Disciplinary Measures=421
(1) Reprimands and Warnings=421
(2) Wage Decreases=421
(3) Suspension=422
(4) Disciplinary Discharge=423
4. Grounds for Discipline=424
(1) Falsification of One's Past Record=424
(2) Neglecting One's Duties=425
(3) Violation of Job-Related Orders=426
(4) Impeding the Work=426
(5) Violation of Workplace Discipline=426
(6) Violations of Rules and Duties Based on Employee Status=428
(a) Misconduct in One's Private Life=428
(b) Dual Jobs=429
(c) Violations of the Duty of Loyalty=430
5. Requirements for Valid Disciplinary Punishments=430
(1) Various Principles Analogous to Those in the Criminal Law=430
(2) The Equal-Treatment Principle=431
(3) The Propriety Principle=431
(4) Fair Procedures=432
SEC. ELEVEN:PERSONNEL ADMINISTRATION=435
SUBSEC. ONE:EDUCATION AND TRAINING=435
1. Education and Training Within the Enterprise=435
(1) Types of Education and Training=435
(2) The Modern Importance of Education and Training=435
SUBSEC. TWO:PROMOTIONS, UPGRADES AND DEMOTIONS=438
1. Promotions=438
(1) Meaning of "Promotion"=438
(2) Legal Regulation of Promotions=438
2. Upgrading=438
(1) Upgrading and Advancement Based on Qualifications=438
(2) Legal Regulation of Upgrading=439
3. Demotions=440
(1) The Meaning of Demotions=440
(2) Demotion as a Disciplinary Measure=440
(3) Demotions in Position and Job Title Based on the Right to Manage Personnel=440
(4) A Demotion to Lower the Qualifications for a Job Function=441
SUBSEC. THREE:TRANSFERS AND "FARMING OUT"(SHUKK Capital O, macron accent)=443
1. Transfers=443
(1) The Meaning of Transfer=443
(2) The Basis and Limits of an Employer's Right to Order a Transfer=443
(3) Labor-Contract Limitations on Transfer Orders=444
(a) Limitations on Types of Employment=444
(b) Restrictions on Work Locations=445
(4) Limitations Based on the Doctrine of the Abusive Exercise of a Right=446
2. "Farming Out"(ShukkSmall o, macron accent and "Moving Out"(Tenseki)=447
(1) The Meaning of "Farming Out"(ShukkSmall o, macron accent) and "Moving Out"(Tenseki)=447
(2) Requirements for a Right to Farm Out an Employee to Another Company=448
(3) The Propriety of an Employment-Transfer(Tenseki) Order=449
(4) Restrictions Stemming from the Doctrine of Abusive Exercise of a Right=450
5. Labor Relations During a Farming-Out to Another Company=450
(a) Labor Relations After Moving Out to Another Company=452
SUBSEC. FOUR:SUSPENSION OF EMPLOYMENT=455
1. The Meaning and Types of Suspensions=455
2. Legal Regulation=456
(1) Injury and Sickness Suspensions=456
(2) Suspensions Because of a Worker's Prolonged Absence=457
(3) Prosecution Suspensions=457
CHAP. FOUR:LEGAL REGULATION OF LABOR RELATIONS TERMINATION=460
SEC. ONE:TERMINATION FOR REASONS OTHER THAN DISMISSAL=460
1. The Expiration of a Labor Contract for a Fixed Period=460
2. Consensual Termination==460
3. Resignations=461
4. Mandatory Retirement Systems=462
5. Extinction of a Party=464
(1) Death of a Party=464
(2) Extinction of One's Status as a Juridical Person(Dissolution)=464
6. Reorganization of Enterprises and Labor Contracts=465
(1) Merger of Companies and Labor Contracts=465
(2) Transfer of Business and Labor Contract=465
(a) Division of Company and Labor Contract=466
SEC. TWO:DISMISSAL=473
1. Dismissals Under Contracts for a Fixed Period=473
2. Dismissals Under Contracts Without a Fixed Period=473
(1) Civil Code Principles=473
(2) Regulation by the Labor Standards Law=474
(a) Restrictions on Dismissals During Periods of Maternity Leaves and Medical Treatment of Work-Related Injuries=474
(b) Notice of Dismissal=476
(c) The Prohibition of Discriminatory Treatment=477
(3) Regulation by the Trade Union Law=479
(4) Regulation by Collective Agreements=479
(5) Regulation by the Doctrine of Abusive Dismissal=479
(a) Establishment of the Doctrine of Abusive Dismissal by Case Law=479
(b) Reasonable Grounds for Dismissal=480
(c) The Significance of Specifying Dismissal Grounds in Work Rules=482
(d) Invalidity of Abusive Dismissal=482
(e) Wages During the Dismissal Period=483
(f) Deduction of Interim Earnings from Back Pay=483
(g)/(f) Applicability of Dismissal Restrictions to Disciplinary Discharges=485
(h)/(g) Abusive Dismissal and Torts=486
(i)/(h) Dismissals as a Means of Employment Adjustment=486
(6) Conditional Dismissals to Change Working Conditions=489
BOOK FOUR:. COLLECTIVE LABOR RELATIONS LAW=494
CHAP. ONE:FORMATION AND MANAGEMENT OF UNIONS=494
SEC. ONE:INTRODUCTION=494
1. Legal Policies Concerning Unions=494
(1) Prohibition=494
(2) Legal Approval(Non-Intervention)=495
(3) Assistance and Encouragement=495
(4) Contemporary Regulation=495
2. The Employee Representation System=495
3. A Survey of Current Law Concerning Labor Unions=496
4. Forms and Varieties of Trade Unions=497
(1) Types Based on the Scope of the Membership=497
(a) Craft Unions=497
(b) Industrial Unions=498
(c) General Unions=498
(d) Enterprise Unions=498
(e) Regional General Unions=499
(2) Types Depending on Individual or Group Membership=500
(a) Unit Union(Unions Composed of Individuals Only)=500
(b) Federated Unions=500
(c) Mixed Organizations=500
(3) National Labor Organizations=500
(4) The General Condition of Japan's Organized Workers=501
SEC. TWO:UNIONS:THE CONCEPT AND NECESSARY CONDITIONS=503
1. The Concept of a Union Under Current Law=503
2. Requirements for a "Statutorily Qualified Union"=505
(1) Membership=505
(a) "Workers"=505
(b) "Predominantly"=507
(2) Independence=507
(a) "Autonomously"=507
(b) Exclusion of Managerial Employees from Membership;Non-Receipt of Financial Assistance from the Employer=508
(3) Purpose=509
(4) Character as an Organization=510
(5) The Union Constitution:Requirements=510
3. Certification of a Union's Qualifications=511
SEC. THREE:THE ORGANIZATION AND MANAGEMENT OF UNIONS=515
1. Legal Regulation of Union Autonomy=515
(1) Control under Property Law=515
(2) The Legal Principle of Union Democracy=516
2. Acquisition and Loss of Membership Status=516
(1) Admission=516
(2) Resignation=517
(3) Expulsion=518
3. Union Shop=518
(1) Meaning of the Union Shop=518
(2) The Validity of Union Shop Agreements=519
(3) The Effective Scope of a Union Shop Agreement=520
(4) Effects of Dismissals Based on Union Shop Agreements=521
(5) Effects of a Union Shop Dismissal Following an Invalid Expulsion from the Union=521
4. The Internal Organization of the Union=522
(1) Types of Offices=522
(2) Legal Issues=523
(a) The Scope of the Acts within a Union's Authority=523
(b) Representing the Union and Managing its Business=523
(c) The Union's External Responsibilities=524
(d) Internal Responsibilities of Union Officers=524
(e) Effects of a Decision that the Union Constitution has Been Violated=524
(f) Nominating Candidates for Union Office=525
5. Union Assistance Arrangements=526
(1) Maintaining Employee Status While Occupying Full-Time Union Office=526
(2) Checkoff=526
(3) Time Off for Union Business=527
(4) Furnishing Office Space=527
6. Union Finances=529
(1) Scope of the Obligation to Pay Union Dues=529
(2) The Scope of a Union's Legitimate Expenditures=530
(3) Forms of Ownership of Union Property=531
(4) Limitations on the Diversion of Welfare Funds=532
7. Discipline by the Union=533
(1) Identifying the Issues=533
(2) The Basis of the Union's Right to Discipline its Members 533
(3) Disciplinary Matters=533
(a) Relationship to Union Members' Political Freedom=533
(b) Relationship to Union Members' Free-Speech Rights=534
(c) Opposition to Union Policies and Decisions=535
(d) Obstructing Collective Bargaining=536
(e) Non-existence of a Member's Duty to Obey a Union's Illegal Directive=536
(4) The Content of Union Discipline=536
(5) Union Disciplinary Procedures=537
SEC. FOUR:REORGANIZATION OR EXTINCTION OF UNIONS=541
1. Dissolution=541
Reasons for Dissolution=541
Reversion of Remaining Assets=541
2. Organizational Changes=542
(1) Terms and Procedures for Organizational Change=542
(a) Changes in the Scope of Its Membership=542
(b) Reorganization:From "Unit Union" to Federation=542
(c) Reorganization:From Federation to Unit Union=542
(d) Entry of a Unit Union into a Federation=542
(e) Secession of a Unit Union from a Federation=542
(f) Reorganization:From a Unit Union to an Enterprise Based Local Union=543
(2) Effects of Organizational Changes=543
3. Schism=543
(1) The Propriety of Introducing the Concept of "Schism"=543
(2) Schism Within Local Unions That Are Part of Unit Unions=545
4. Amalgamation=546
CHAP. TWO:COLLECTIVE BARGAINING=548
SEC. ONE:INTRODUCTION=548
1. The Functions of Collective Bargaining=548
(1) The Practical Meaning of Collective Bargaining=548
(2) The Concept of Collective Bargaining Under Current Law=549
2. The Legal Treatment of Collective Bargaining=550
3. The Various Forms of Collective Bargaining=551
(1) Typical Patterns=551
(a) Industry-Wide Bargaining=551
(b) Enterprise-Based Bargaining=551
(c) Workplace Bargaining=552
(2) Intermediate Forms Between Enterprise-Based Bargaining and Industry-Wide Bargaining=552
(a) Participation in Enterprise Bargaining by Officials of an Industrial Federation=552
(b) "Joint Signature" Bargaining=552
(c) "Group Bargaining"=552
(d) Industrial Union Bargaining with Individual Employers("Taikakusen" Bargaining)=553
4. Labor-Management Consultation Systems=553
(1) Forms of Labor-Management Negotiations Other than Collective Bargaining=553
(2) The Features and Status of Labor-Management Consultation Systems=554
(3) The Legal Status of Labor-Management Consultation Systems=555
SEC. TWO:COLLECTIVE BARGAINING:PARTIES, SUBJECTS AND PROCEDURES=557
1. The Parties to Collective Bargaining=557
(1) Parties and Negotiators in Collective Bargaining=557
(2) Union Parties to Collective Bargaining=557
(a) Parent Organizations=557
(b) The "Basic Unit" Union=558
(c) Branch Unions=559
(d) Workplace Organizations=560
(e) Unorganized Groups of Workers(Dispute Groups)=560
(3) Employer Parties to Collective Bargaining=560
(a) Employer Associations=560
(b) Individual Employers=561
(4) Union Negotiators in Collective Bargaining=561
(a) Members of a Union's Negotiating Team=561
(b) Clauses Prohibiting Delegation of Negotiating Authority=562
(5) The Employer's Negotiating Team=563
2. The Subjects of Collective Bargaining=563
(1) Introduction=563
(2) Individual Issues=564
(a) Working Conditions and Other Treatment=564
(b) Subjects Concerning Personnel Matters=565
(c) Matters Concerning Management and Production=565
(d) Subjects Concerning the Management of the Collective Bargaining Relationship=565
3. Forms and Procedures of Collective Bargaining=566
(1) Basic Content of ㅁn Employer's Bargaining Duty=566
(a) Duty to Bargain in Good Faith=566
(b) The Duty of Employers to Provide Notice of Changes in Working Conditions=568
(c) Collective Bargaining During Dispute Acts=568
(2) The Opening Procedures in Collective Bargaining=568
(a) Clarifying the Parties, Negotiators and Bargaining Subjects=568
(b) Setting the Date, Place and Time for Negotiations=569
(c) Preliminary Negotiations=569
(d) Preliminary Procedures for Union-Employer Discussions=569
(3) Modes of Collective Bargaining=569
SEC. THREE:REMEDIES FOR REFUSALS TO BARGAIN=573
1. Labor Commission Remedies=573
(1) Unfair Labor Practice Complaints=573
(2) An Application for Conciliation=573
2. Judicial Remedies=573
(1) Confirming Legal Status to Demand Collective Bargaining=573
(2) Damage Claims=575
CHAP. THREE:THE COLLECTIVE AGREEMENT=578
SEC. ONE:INTRODUCTION:LEGAL TREATMENT OF THE COLLECTIVE AGREEMENT=578
1. The Meaning, Function and Legal Treatment of Collective Agreement s=578
(1) The Meaning of Collective Agreements=578
(2) The Function of Collective Agreements=579
(3) Patterns of Legal Treatment of the Collective Agreement=579
2./(3.) The Legal Nature of Collective Agreements=580
(1) The "Legal Norm" Theory=580
(2) Contract Theory=581
SEC. TWO:REQUIREMENTS FOR FORMING A COLLECTIVE AGREEMENT=583
1. The Parties=583
(1) "A Trade Union"=583
(a) A Union That is Insufficiently Independent=583
(b) Parent Organizations=583
(c) Branches and Chapters=583
(d) Workplace Agreements=584
(e) Strike Groups=584
(2) "An Employer or an Employers' Organization"=584
2. The Content of Agreements=585
3. Formalities of Agreements=585
(1) The Written Document=585
(2) Signature or Name Affixed with Seal=586
SEC. THREE:EFFECTS OF COLLECTIVE AGREEMENTS=588
1. The Structure of Collective Agreement Effects=588
2. Normative Effects=588
(1) The Content of the Normative Effects=588
(2) Collective Bargaining versus Individual Bargaining=589
(3) The Normative Effect of Matters that are Disadvantageous to Union Members=590
(4) The Extent of the Normative Effect=593
(5) Persons Covered by the Normative Effect=594
3. Contract-Obligation Effects=595
(1) Introduction=595
(a) A Summary of the Contract-Obligation Part=595
(b) The Character of the Contract-Obligation Effect=595
(2) Implementation Duties=595
(3) Peace Obligation and Peace Clauses=597
(a) The Concept=597
(b) Effects of a Violation of the Duty=598
SEC. FOUR:EXTENDING THE EFFECTS OF COLLECTIVE AGREEMENTS(GENERAL BINDING EFFECT)=602
1. General Binding Effect in a Workplace Unit=602
(1) The Purpose of the System=602
(2) Requirements for Extension=603
(a) "In a Particular Factory or Workplace"=603
(b) "Workers of the Same Kind Regularly Employed"=603
(c) "When Three-Fourths or More of the Workers Come under the Application of a Particular Collective Agreement"=604
(3) The Effects of Extension=604
(4) Extension When Minority Workers Form a Union=605
2. General Binding Effect in a Locality=606
(1) Purpose and Historical Development=606
(2) Requirements=606
(3) Effects=607
SEC. FIVE:TERMINATION OF COLLECTIVE AGREEMENTS=609
1. Reasons for Termination of a Collective Agreement=609
(1) Expiration of Term of Agreements=609
(2) Termination and Cancellation=610
(3) Achievement of the Agreement's Objectives=611
(4) A Change in the Parties=611
(a) Employers=611
(b) Unions=612
(5) The Formation of Inconsistent Collective Agreements=612
2. Union-Management Relations Following the Termination of a Collective Agreement=612
(1) The Contract-Obligation Part=613
(2) The Normative Part=613
CHAP. FOUR:COLLECTIVE ACTION=616
SEC. ONE:LEGAL PROTECTION OF COLLECTIVE ACTION=616
1. Legal Protection of Collective Action:Introduction=616
2. Legal Protection of Dispute Acts=617
(1) Exemption from Criminal Liability=617
(2) Exemption from Civil Liability=618
(3) Protection Against Disadvantageous Treatment=619
3. Legal Protection of Union Activity=619
(1) Nature of the Legal Protection=619
(2) Differences in the Legal Protection of Dispute Acts=620
(3) Distinctions Between "Dispute Acts" and "Union Activities"=621
SEC. TWO:THE PROPRIETY(SEIT Capital O, macron accentSEI) OF COLLECTIVE ACTION=623
1. The Meaning of "Propriety"(Seit Small o, macron accentsei)=623
2. The Propriety of Dispute Acts=624
(1) Propriety Depending on the Parties to the Dispute Act=625
(2) Propriety Depending on Objectives=625
(a) General Standards=625
(b) Political Strikes=626
(c) Sympathy Strikes=626
(d) Strikes Over Demands Concerning Management, Production and Personnel=627
(3) Propriety of the Dispute Act Depending on Its Timing and Compliance with Procedures=629
(a) Dispute Acts Undertaken Without Prior Bargaining=629
(b) Dispute Acts Not Preceded by Notice=629
(c) Dispute Acts that Violate the Peace Obligation and Peace Clauses=630
(4) Propriety Depending on the Means and Circumstances of the Dispute Act=630
(a) General Criteria=630
(b) Picketing=632
(c) Occupation of the Workplace=634
3. The Propriety of Collective Action Other than Dispute Acts(i.e. Union Activity)=635
(1) Propriety Depending on the Parties Engaged in Union Activity=636
(2) Propriety Depending on the Objectives of Union Activity=636
(3) Propriety Depending on the Means Employed for Union Activity=637
(a) General Criteria=637
(b) Wearing Ribbons, Armbands, Badges and Headbands=639
(c) Posting Handbills=640
(d) Distribution of Handbills=643
(4) Propriety in Demanding Collective Bargaining and of Speech and Conduct in Bargaining=644
SEC. THREE:WHO IS LIABLE FOR IMPROPER DISPUTE ACTS?=649
1. Who is Liable for Damages?=649
(1) The Existence of Individual Liability=649
(2) The Location and Content of Individual Liability=650
(3) Components of Organizational Liability=650
(4) The Relationship Between Organizational and Individual Liability=651
2. Employer Disciplinary Action=651
(1) The Propriety of Disciplinary Action Against Employees who Engage in Improper Collective Action=651
(2) Liability of Union Leaders to Discipline for Organizing Improper Collective Action=652
SEC. FOUR:DISPUTE ACTS AND WAGES=655
1. Wages of Dispute Act Participants=655
(1) The "No Work-No Pay" Principle=655
(2) Wage Items that are Not Subject to Wage Cuts=655
(3) The Propriety of Wage Cuts in Bonuses=656
(4) Slowdowns and Wage Cuts=657
2. Wages of Those Who Do Not Participate in Dispute Acts=658
(1) "Partial Strikes," "Limited Strikes" and Wages=658
(2) "Partial Strikes," "Limited Strikes," and Business-Interruption Allowances=659
SEC. FIVE:EMPLOYERS' COUNTERVAILING MEASURES=662
1. Continuation of Operations=662
(1) Freedom to Conduct Operations=662
(2) Scab-Prohibition Agreements=662
2. Lockouts=663
(1) Identifying the Issues=663
(2) The Right to Lockout=663
(3) Lockout Prerequisites=664
(4) Parties Subject to a Lockout=665
CHAP. FIVE:LABOR COMMISSION REGULATION OF LABOR RELATIONS=667
SEC. ONE:THE LABOR COMMISSIONS=668
1. Description of the Labor Commissions=668
2. The Structure of the Labor Commissions=669
(1) Tri-Partite Structure and Number of Members=669
(2) Appointment of Members=670
(3) Term of Office, Remuneration, Security of Status=671
(4) The Executive Office=672
3. The Authority of the Labor Commissions=672
(1) Examination of Union Qualification to Participate in Commission Proceedings=672
(2) Investigating and Remedying Unfair Labor Practices=673
(3) The Adjustment of Labor Disputes=673
(4) Decisions to Extend the Application of a Collective Agreement=673
(5) Authority to Compel Submission of Reports and Documents=673
4. The Features of the Labor Commission System=675
SEC. TWO:ADJUSTMENT OF LABOR DISPUTES=679
1. Introduction=679
(1) The Meaning of Dispute Adjustment=679
(2) Independent and Statutory Dispute Adjustment=679
(3) Forms of Dispute Adjustment Procedures=679
2. Adjustment Procedures Under the Labor Relations Adjustment Law=680
(1) Introducction=680
(a) The Principle of Voluntary Settlements=681
(b) Matters Subject to Adjustment=681
(c) Public Welfare Undertakings=682
(e) Jurisdiction=683
(2) Adjustment Procedures for Labor Disputes=683
(a) Conciliation=683
(b) Mediation=684
(c) Arbitration=686
SEC. THREE:REMEDYING UNFAIR LABOR PRACTICES=689
SUBSEC. ONE:INTRODUCTION=689
1. The Meaning of the Unfair Labor Practice Remedial System=689
2. Historical Development of the Unfair Labor Practice Remedial System=689
(1) The System Under the Former Trade Union Law=689
(2) Changing to the Present System=690
3. Purposes of the Unfair Labor Practices Remedial System-and Relationship to Article 28 of the Constitution=691
4. Characteristics of the Unfair Labor Practices Remedial System=692
(1) Characteristics of Prohibited Acts=692
(2) Characteristics of the Remedial Machinery and Procedures=693
5. Special Characteristics of the Japanese Unfair Labor Practice Remedial System=693
SUBSEC. TWO:ELEMENTS OF AN UNFAIR LABOR PRACTICE=696
1. Introduction=696
(1) Types of Acts Prohibited as Unfair Labor Practices=696
(2) The Relationship Between Different Types of Unfair Labor Practices=696
(3) The Concept of the Employer=697
2. Disadvantageous Treatment=700
(1) "Unions "=701
(2) "By Reason of Such Worker's Being a Member of a Union"=701
(3) "By Reason of Such Worker's Having Tried to Join or Organize a Trade Union."=701
(4) "Proper Acts of a Trade Union"=702
(a) Individual Acts or Union Acts?=702
(b) Types of Activities=702
(c) Propriety=703
(5) "By Reason Of"=703
(a) The Intent Requirement for an Unfair Labor Practice=703
(6) Disadvantageous Treatment=706
(7) Yellow-Dog Contracts=708
3. Refusals to Bargain=708
(1) Introduction=708
(2) The Types of "Refusals to Bargain":A General View=709
4. Domination or Interference=710
(1) Introduction=710
(2) Imputing Domination or Interference to the Employer=710
(3) The Intent to Dominate or Interfere=711
(4) Modes of Domination or Interference=712
(a) Introduction=712
(b) "Domination and Interference" and the Expression of Employer Opinions=713
(c) Domination and Interference in Light of the Management Right to Control its Facilities=714
(5) Financial Support=716
5. Unfair Labor Practices that Fall Under Two or More Categories at a Time=716
(1) Massive Discrimination in Performance Evaluations of Union Members=716
(2) Unfair Labor Practices and Cutting Wages Because of Dispute Acts=718
(3) Can the Discharge of All Union Members Upon a Company's Dissolution Be an Unfair Labor Practice?=719
(4) Collective Agreements and Unfair Labor Practices=720
(5) Bargaining with Coexisting Unions and Unfair Labor Practices=721
SUBSEC. THREE:REMEDIAL PROCEDURES FOR UNFAIR LABOR PRACTICES=727
1. Introduction=727
(1) Basic Characteristics=727
(2) The Basic Procedural Framework=727
(3) Labor Commission Initiative and Limitations Thereon=727
2. Examination Procedures in the Local Labor Commissions=728
(1)Jurisdiction=728
(2) The Complaint=729
(a) The Form of the Complaint=729
(b) The Complainant=729
(c) The Respondent=730
(d) Time for Filing a Complaint=731
(e) Withdrawal of a Complaint=732
(3) Examinations=733
(a) Meaning and Structure of Examinations=733
(b) Investigations=733
(c) Dismissal of a Complaint=734
(d) The Hearing=734
(e) Settlement=736
(4) The Deliberation by the Public Members=737
(5) Orders=737
(a) Procedures Related to Orders=737
(b) The Labor Commission's Discretionary Authority=738
(c) Limitations on Remedial Orders=738
(d) The Need for Relief=742
(e) The Effects of an Order=744
3. Administrative Review Procedures=745
(1) Introduction=745
(2) The Request for Administrative Review=745
(a) Time for Making the Request=745
(b) Persons Authorized to Make the Request=745
(c) Request Procedures=745
(3) Rejection of the Request=746
(4) Recommendation of Compliance with the Original Order=746
(5) The Scope of Review=746
(6) Review Procedures=747
(7) Orders in Review Proceedings=747
4. Judicial Proceedings to Review an Order=748
(1) Appeals to Cancel an Order=748
(a) Time Within Which the Appeal Must be Filed=748
(b) The Effects on an Order of Filing an Appeal=748
(c) The Parties=748
(2) Emergency Orders=749
(a) Meaning=749
(b) The Purpose of the System=749
(c) Requirements=750
(d) Procedures=751
(e) Fines for Violating an Emergency Order=751
(3) The Scope of the Hearing=751
(4) The Judgment and its Aftermath=753
(a) Judgments Granting Cancellation=753
(b) Where the Appeal Has Been Dismissed=754
(5) Settlement=754
SUBSEC. FOUR:JUDICIAL REMEDIES FOR UNFAIR LABOR PRACTICES=761
1. The Private Law Effects of the Prohibition of Unfair Labor Practices=761
(1) Identifying the Issues=761
(2) The Unique Character of the Provisions Prohibiting Unfair Labor Practices=761
2. The Content of the Judicial Remedies=762
(1) Claims Based on the Public Policy Established by Article 28 of the Constitution=762
(2) Claims Based on the Union's Bargaining Status=762
3. The Independence of Judicial Remedies=762
(1) The Scope of Acts Subject to a Remedy=763
(2) The Content of the Remedy=763
BBLIOGRAPHY=766
INDEX=768