Labor Policy Keiichiro HAMAGUCHI Chapter 5 Industrial Relations

Labor Policy Keiichiro HAMAGUCHI

Chapter 5 Industrial Relations Policy

Section 3 Conflict Resolution Schemes

(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.

(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.

(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.

(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.

(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