Research On The Legal Regulations Of The Japan Part-time Employment

Junoichiro ?Mawatari points out: the employment supple conditioning, the atypical employment's expansion, the labor force supply and demand system's diversification are the common phenomenon of the various countries employment system's change. But each country has own legal culture and the judicial tradition, and under the economic globalization and the labor market internationalization's dual impetuses, various countries have the respective local characteristics to the part-time employment legal rules and regulations. Although our country labor law educational world had some preliminary research to the part-time employment labor relations'legal rules and regulations which has certain significance in promoting labor legal science research, but when comparied with the rapid development of labor forms'diversification and the reality needs of the labor rights and interests'law safeguard in the part-time employment, these studies have also still not full and far from mature stage. Based on this, the author hoped that through the comprehensive and systematic research to relatively perfect Japan part-time employment legal regulations, and unifies our country national condition and the native place legal science resources, this article can helpful to perfect our relevant legal system and smoothly solve the related problems in practice..This thesis is divided into six chapters including the introduction.The introduction mainly introduces the research motivation and significance, the range of study, the research current situation, and the research methods and the mentality.Chapter II mainly has carried on the thorough analysis to the general theory questions of Japan part-time employment, such as concept, characteristics and types. In the scientific theory and the legislation, Japan has not had a unified part-time labor employment concept until now, which causes the judicial judgment of"part-time employment"becomes more difficult. The clear and unified part-time employment concept plays an important role in judging what is the part-time employment, whether the part-time employment belongs to the labor law setting range, and how to be suitable the labor legislation to carry on the legal regulations of the part-time employment. Therefore, to define the part-time employment and differentiate it with the similar concepts, and to analyze its characteristics is the logical beginning to study the legal regulations of Japan part-time employment. This article believes that the"part-time employment"is refers to the labor's normal working hours is short in the full-time labor's normal working hours of the respective employer, not including because of economic, technical or constitutive adjustment and so on temporary reduce working hours situation. Compared with the typical labor relations and other atypical labor relations, the part-time employment has the atypical, the temporary and the non-exclusive characteristics. These characteristics also are the reasons the labor law bring the part-time employment into its adjustment rangs and the bases to seek the part-time employment labor legislation mode. Along with the labor form's multiplication, the part-time employment is also present different manifestations, thus forming different part-time employment types. According to different standards, the Japan educational world makes the part-time employment the following three kinds of division:based on the woke real state(the concrete manifestation way of work), be possible to divide into the inregular part-time employment and the regular part-time employment; based on the specific types of the working hours distribution,can be divided into the continuous part-time employment and and the non-continuous part-time employment; based on the interactive degree between labors and employers, be possible to divide into the normal part-time employment,the position share and the based on summons to be engaged in works three types. This chapter finally proposed that, our country labor legislation should expand the the current concept of part-time employments, scientificly collate and stipulate"the labor"concept, and establish the judgement standards of part-time employment.Chapterâ…¢has discussed the historical development of Japan part-time employment and its influence. Obtaining from the birth background and the development sequence of the part-time employment in Japan, this chapter discussed the development characteristics of the Japan part-time employment and the influence to the labor-management relations, in order to have the clear understanding to the practice foundations of the Japan part-time employment's legal regulations. After the World Warâ…¡, because of the massive shortage of labor force and the sudden changes of industrial structure in Japan, for using the housewife class of the potential labor resources fully and adapting the changes of the employer's management and operation way, the elastic part-time employment comes into being. Inspected the birth background of Japan Part-time employment, it is not difficult to discover that, the female and the advanced age employees will become the most main labor force source of Japan part-time employment,"the service economization"will be the trend of the time which exists for a long time and develops unceasingly, simultaneously it gradually take"the internal part-time employment"as the the development direction. While causes the manpower resource allocation to hasten the flexiblization, the universalization of part-time employment also causes Japan traditional labor- management relation faced with new challenges, mainly displays in: weakened the worker's bundled duty, reduced the protection efforts of business secrets, and attacked trade union's survival condition.Chapterâ…£analyzes thoroughly the legal regulations on the conclusion and termination of Japan part-time employment contract. The provisions of the part-time employment contract in Japan's current labor contract law has strong public law attribute;while china's provisions of the termination of part-time employment contract follows the civil autonomy principle essentially, and has stronger private law factor. This paper argued that the working hours'temporary of the part-time employment should not be the reasonable reason of reducing the legal strict regulations of labor contract. This chapter is divided into two parts.The first section expounded the term, the conclusion form and the main contents of the part-time employment contract, and comparatively analysis the related legislative provisions of our part-time employment contract. Japan current labor legislation is stricter to the part-time employment contract form, and stipulates that the part-time employment contract should be made in written form and the employer is legally obliged to formulate the part-time employment contract. Be opposite with Japan, there are fairly loose legal regulations governing the part-time employment contract form, allowing to use the oral form to conclude a part-time employment labor relations. Japan carries on the legal regulations of the part-time employment's treaty content from both the mandatory and the guidance aspects, but our country has already not made the mandatory provisions and also has not carried on the legal regulations from the guiding angle. The second section proved the termination of Japan part-time employment contract. The elimination of Japan part-time employment labor relations has four situations including the expiry, termination in agreement, dismissal and resigns. Japan current labor legislation uses different legal regulations in view of the above four different situations. But there is no early termination, only expiry question in China part-time employment.Chapterâ…¤researches on the legal regulations of Japan part-time employment labor conditions. This chapter takes the provisions about the wages and working hours which are closely related to part-timer in Japan labor law as the object of inspection, and discussed the questions on the legal regulations questions of Japan part-time employment labor conditions in a systematic way. The chapter is divided into three parts. In the first part, through the analysis of the Japan Minimum Wage Law, the author discovered that the part-time labor and the full-time labor equally apply the local minimum wage standard and the industrial minimum wage standard, taking the higher standard as the minimum pays. At the same time, the part-time employment is mainly suitable the hour minimum wage standard. In the part-time employment's minimum wage standard aspect, Japan adopts the generally equal treatment principle; it's that the part-time labor and the full-time labor follow the same minimum wage standard. And our country adopts the discrimination principle. This chapter thought that the center of our minimum wage protection system shoud transfer from guarantee the right to subsistence to guarantee the right to work, and we should establish the suitable exception (suitable exemption )system. The second part discussed the legal regulations on the working hours, extending the working hours and its compensation, the rest and time off of Japan part-timeemployment.According to the stipulations of the Labor Standards Law and"the part-timer law"in Japan, the part-timer's working hours is the contract man-hours, and it should be shorter than(less than) the working hours provided by the collective contract of the formal full-time labors who have the same employer. It's not force to be suitable the Labor Standards Law when the part-timer extends the working hours in the legal working hours and the agreement day off, and the employers do not have the legal obligation to pay the overtime cost.The third part is the study of establishing the odd and even treatment principle for Japan part-time employment's labor conditions. The generally equal treatment principle and the balanced treatment principle are composed of the unique Japan part-time employment's odd and even treatment principle. The article believed that our country's labor legislation needs to permit the certain labor conditions discrimination to exist between the part-time labor and the full-time labor, in the meantime, also needs to ensure the equal treatment of labor conditions between the part-time labor and the full-time labor to be relatively realized as far as possible.Chapterâ…¥researches on the legal regulations of Japan part-time employment's social insurance. Firstly, this chapter analyzes comparatively the social insurance systems of China and Japan. Based on this, the chapter approaches the conditions of application for the part-timers from two different parts: the first part is the insurance against injury at work and the unemployment insurance which ask for the labor capacity; the second part is the basic medical insurance and the basic aged insurance which ask for the common national identity. By profiting from Japan relevant legal regulations of the unemployment insurance and comprehensively considering the present situation of China part-time employment's unemployment insurance system, this paper thought that our unemployment insurance system of the part-time employment should follow both the compulsory application principle and the"survival requirement"principle.At the same time, in order to adapt the discontinuity and multiplicity of the part-time employment, about the insurance against injury at work and the unemployment insurance, our county can implement a model that the labor pay for the insurance premium by oneself. Moreover, the mode choice of our part-time employment's aged insurance should be put the focus on promoting part-time employment the benign development and reflecting the intergenerational justice, and take the reality needs of regulating the part-time employment labor relations and dealing with aging population trends as the starting points.The author thought that our country should establish the special rules for the aged insurance of the part-time employment, set-up the mandatory saving aged insurance, and realize the taxation reform of the collects pay ways of the aged insurance.