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Japan's Labor Dispute Settlement System And Its Latest Development

Posted on:2006-01-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:L XiongFull Text:PDF
GTID:1116360152488020Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This dissertation is to conduct a systematic introduction to and analysis on the existing legal framework and operation mechanism for labor dispute resolution of Japan as well as their recent revisions and developments, with a purpose to draw desirable experiences in building Chinese institution of labor dispute resolution of China.The study is made following the order of dispute-resolution organ.Firstly, the dispute-resolution mechanism of the Labor Relations Commission is studied. The commission, though an administrative one, serves as a quasi-judicial organ with its main function focusing on the settlement of collective labor disputes:1. Resolving collective labor disputes through conciliation, mediation and arbitration. In reality, conciliation prevails dominantly in that the procedure is simple, prompt and flexible. In the process of conciliation, the Labor Relations Commission conciliates and persuades disputing parties in order to promote them to reach a voluntary agreement through negotiation. Conciliation, however, is not legally enforceable. Mediation shall be carried out by a mediation committee in the way that the committee prepares mediation plans for the parties to accept. The parties under mediation have no obligation to accept the plan, which means mediation procedure is not legally enforceable either. Arbitration is enforceable and the award made by the arbitration committee is legally binding upon the disputing parties, therefore the parties must accept the award which, according to law, shall have the same effect as a collective agreement.2. Administrative investigation of and remedy to unfair Labor practices. In order to maintain the autonomy and independence of trade unions, the Trade Union Law of Japan expressly prohibits unfair labor practices, which bring harm to the unions. The Law also rules that the trade union or its members may file an investigation appeal to the Labor Relations Commission against the said practices, and the commission may order an administrative remedy upon finding the practices to be unfair. Besides that, the newly made modifications to the mechanism in 2004 are also introduced.3. Advices and conciliation as to individual labor disputes. These are the latestfunctions and duties granted by the newly promulgated "Law on Promoting the Resolution of Individual Labor Disputes" and newly modified "Local Autonomy Law", both of which were conducted in view of the sharp increase of individual labor disputes in recent years. Secondly, the study comes to the dispute-resolution mechanism of the local laborbureau. The labor bureau, as labor administrative authority, mainly provides executiveservice for the settlement of individual labor disputes:1. Providing information consultancy service for the disputing parties. The consultancy is mainly conducted by the office set within the bureau or at populous sites for the employees or the parties involved as to labor-related information and other executive services.2. Providing guidance or advice to the parties to individual labor disputes. The labor bureau, on the basis of hearing and investigating the disputed labor cases, shall forward relevant advice and proper guidance.3. Settling individual labor disputes for the disputing parties through conciliation .The bureau set up the Dispute Adjustment Commission which is specialized in the conciliation of individual labor disputes. The Dispute Adjustment Commission hears and investigates the merits of the case, prepares a conciliation plan necessary for the resolution of the case, forward it to the disputing parties and promote the parties to reach an agreement, only that the parties concerned don't have the obligation to accept the plan.Thirdly, the dispute-resolution mechanism of the court is discussed.1. The court as judicial organ may settle labor dispute cases in accordance with "The Civil Procedure Code" .Civil proceeding procedures can be further divided into ordinary proceeding procedure, preservation procedure and small claims procedure.2. The court can also co...
Keywords/Search Tags:Japan, Labor Dispute, Legal Framework, development
PDF Full Text Request
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