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- Labour Relations
Adjustment Law
(Law No. 25 of September 27,
1946)
Chapter
I. General Provisions
Purpose:
Article l. The purpose of this Law are, in conjunction with the
Trade Union Law, to promote the fair adjustment of labour relations
and to prevent or settle labour disputes and thereby contribute
to the maintenance of industrial peace and economic development.
Responsibilities of the Parties
Concerned:
Article 2. The parties concerned with labour relations shall
make special efforts mutually to promote proper and fair labour
relations, to fix by "collective agreement matters concerning
the establishment and operation of regularized organs in order
to promote the constant adjustment of labour relations, and,
in the event labour disputes have occurred, to settle them independently
in good faith.
Responsibilities of the Government:
Article 3. The Government shall assist the parties concerned
with labour relations in achieving an independent settlement
of the differences in their claims concerning labour relations
in order thereby to prevent to the utmost the occurrence of acts
of dispute.
Efforts of Independent Settlement:
Article 4. Nothing in this Law shall be construed either to prevent
the parties from determining for themselves their labour relations
including labour conditions or from adjusting differences in
their claims concerning labour relations through direct negotiations
or collective bargaining or to relieve the parties concerned
with labour relations of their responsibility for making such
efforts.
Appropriate Means:
Article 5. In effecting any adjustment under this Law, the parties
and the Labour Relations Commissions and other organs concerned
shall as much as possible utilize every appropriate means to
expedite the disposal of the case.
Labour Disputes:
Article 6. In this Law, a labour dispute shall mean a disagreement
over claims regarding labour relations arising between the parties
concerned with labour relations resulting in either the occurrence
of acts of dispute or the danger of such occurrence.
Act of Dispute:
Article 7. In this Law, an act of dispute shall mean a strike,
a slowdown, a lock-out or other act or counteract hampering the
normal course of work of an enterprise, performed by the parties
concerned with labour relations with the object of attaining
their respective claims.
Public Welfare Undertakings,
Designation and Official Announcement:
Article 8. In this Law, public welfare undertakings shall mean
the following undertakings which provide services essential to
the daily life of the general public:
(1) transportation undertakings;
(2) post or telecommunications undertakings;
(3) undertakings for supplying water, electricity or gas;
(4) medical treatment or public health undertakings.
- 2. With the approval of the Diet, the
Prime Minister shall be entitled to designate as a public welfare
undertaking a period of not more than one year for any undertaking
other than the undertakings mentioned in the preceding paragraph,
the stoppage of which will seriously affect the national economy
or seriously endanger the daily life of the general public.
- 3. Upon the designation of a public
welfare undertaking pursuant to the provisions of the preceding
paragraph, the Prime Minister shall without delay publicize such
by appropriate means such as newspapers and the radio in addition
to giving notice in the Official Gazette.
Special Members for Adjustment:
Article 8-2. Special Members for Adjustment may be established
in the Central Labour Relations Commission by the Minister of
Labour and in Local Labour Relations Commissions by the prefectural
governor in order to have them participate in mediation or arbitration
of labour disputes carried out by the Labour Relations Commissions.
- 2. The Special Members for Adjustment
established in the Central Labour Relations Commission shall
be appointed by the Minister of Labour and the Special Members
for Adjustment in the Local Labour Relations Commissions by the
prefectural governor.
- 3. The Special Members for Adjustment
shall be persons representing the employers, persons representing
the workers and persons representing the public interest.
- 4. Of the Special Members for Adjustment
those representing the employers shall be appointed based upon
the recommendation of the employers' organizations, those representing
the workers shall be appointed based upon the recommendation
of the trade unions, and those representing the public interest
shall be appointed with the consent of both the members of the
Labour Relations Commission concerned who represent employers
(excluding the employer members responsible for the national
enterprises, as provided for in Article 25 of the National Enterprise
Labour Relations Law (Law No. 257 of 1948) (referred to in the
following Article hereof as "the employer members responsible
for the national enterprises"), and the members of the Labour
Relations Commission concerned who represent the workers (excluding
the labour members responsible for the national enterprises,
as provided for in Article 25 of the above mentioned Law (referred
to in the following Article hereof as "the labour members
responsible for the national enterprises")
- 5. The Special Members for Adjustment
may receive compensation for expenses necessary for the performance
of their duties, as fixed by Cabinet Order.
- 6. Matters concerning the Special Members
for Adjustment other than those laid down in this Law shall be
fixed by Cabinet Order.
Article 8-3. In the event the Central Labour Relations Commission
performs the functions of appointment of a panel of conciliators
and preparation of a list thereof, as provided for in Article
10; giving the consent of the Labour Relations Commission as
provided for in the proviso to Article 12, paragraph 1; making
a decision of the Labour Relations Commission as provided for
in item 4 of Article 18; and other functions fixed by Cabinet
Order, only those members representing the employers other than
the employer members responsible for the national enterprises
(such members being referred to as "the employer members
responsible for ordinary enterprises" in Article 21, paragraph
1), those members representing the workers other than the labour
members responsible for the national enterprises (such members
being referred to as "the labour members responsible for
ordinary enterprises" in said paragraph), and eight members
representing the public interest nominated in advance by the
chairman, together with the chairman (referred to as "the
public members responsible for ordinary enterprises" in
said paragraph and in Article 3 1 - 2) shall participate in the
performance of those functions. In these cases, matters necessary
for the performance of the functions of the Central Labour Relations
Commission shall be fixed by Cabinet Order.
Obligation to Notification:
Article 9. When acts of dispute have occurred, the parties concerned
shall immediately so report to the Labour Relations Commission
or the prefectural governor (or, as regards mariners covered
by the Mariners Law (Law No. 100 of 1947), to the Director of
the Local Transport Bureau (including the Director of the Maritime
Traffic Control Division); the same provision shall apply hereinafter).
Chapter
II. Conciliation
List of Conciliators:
Article 10. The Labour Relations Commission shall each appoint
a panel of conciliators and prepare a list thereof.
Candidate for Conciliators:
Article 11. The conciliators shall be persons of knowledge and
experience who are capable of rendering assistance for the settlement
of labour disputes under the provisions of this Chapter, and
the conciliators need not reside in the district where that Labour
Relations Commission has jurisdiction.
Commencement of Conciliation:
Article 12. In the event of labour dispute, upon the request
of one or both of the parties or ex officio, the chairman of
the competent Labour Relations Commission shall nominate one
or more conciliators from the list of conciliators; provided,
however, that with the consent of the Labour Relations Commission
a person not on the panel may be nominated by the chairman as
a temporary conciliator.
- 2. With respect to disputes fixed by
Cabinet Order as disputes to be dealt with by the Central Labour
Relations Commission in local areas, as provided for in Article
19-10, paragraph 1 of the Trade Union Law, the chairman of the
Central Labour Relations Commission, notwithstanding the provisions
of the preceding paragraph, upon the request of one or both of
the parties or ex officio, shall nominate one or more conciliators
from among the Local Members for Adjustment provided for in paragraph
1 of the same Article; provided, however, that this shall not
apply in the event that the chairman of the Central Labour Relations
Commission determines that it would be inappropriate to nominate
a conciliator from among the Local Members for Adjustment concerned.
Methods of Conciliation:
Article 13. The conciliators shall strive to act as an intermediaries
between the parties, ascertain their respective points of view
and assist in arriving at a settlement.
Duties of Conciliation:
Article 14. In the event a conciliator has no prospect of effecting
a settlement, the conciliator shall withdraw and report the salient
facts of the case to the Labour Relations Commission.
Compensation of Expenses:
Article 14-2. A conciliator may receive compensation for expenses
necessary for the performance one of their duties, as fixed by
Cabinet Order.
Delegation to Ordinance:
Article 15. Procedural matters
concerning conciliators other than those laid down in this Chapter
shall be fixed by ordinance.
Independent Settlement:
Article 16. Nothing in this Chapter shall be construed to prevent
the settlement of a case by means of conciliation other than
those fixed herein, either by mutual agreement of the parties
or in accordance with the provisions of a collective agreement.
Chapter
III. Mediation
Mediation of Article 20 of the Trade
Union Law:
Article 17. Mediation of a labour dispute by the Labour Relations
Commission under the provisions of Article 20 of the Trade Union
Law shall be carried out in accordance with the provisions of
this Chapter.
Commencement of Mediation:
Article 18. The Labour Relations Commission shall carry out mediation
in any of the following cases:
- (1) when a request for mediation has
been made to the Labour Relations Commission by both parties
to the dispute;
- (2) when either one or both of the
parties has requested the Labour Relations Commission for mediation
in accordance with the provisions of a collective agreement;
- (3) when. in a dispute concerning a
public welfare undertaking, a request for mediation has been
made by either party to the Labour Relations Commission;
- (4) when. in a dispute concerning a
public welfare undertaking, the Labour Relations Commission on
its own initiative has decided ex officio that it is necessary
to carry out mediation;
- (5) when, in a dispute concerning a
public welfare undertaking or in a dispute of a large scope or
involving work of a special nature and therefore seriously affecting
the public welfare, a request for mediation has beer; made by
the Minister of Labour (or, as regards mariners covered by the
Mariners Law, by the Minister of Transport; hereinafter the same
provision shall apply) or by the prefectural governor to the
Labour Relations Commission.
Labour Relations Commission:
Article 19. Mediation of a labour dispute by the Labour Relations
Commission shall be. carried out by a mediation committee, which
shall be established, consisting of one or more mediation committee
members representing the employers, one or more mediation committee
members representing the workers and one or more mediation committee
members representing the public interest.
Equal Number of Mediation Committee
Members Between Employers and Workers:
Article 20. The number of the mediation committee members representing
the employers and mediation committee members representing workers
shall be equal.
Nomination of Members:
Article 21. The chairman of
the Labour Relations Commission shall nominate the mediation
committee members representing the employers from among the employer
members of the Labour Relations Commission (or, in the case of
the Central Labour Relation~ Commission, from among the employer
members responsible for ordinary enterprises and/or the Special
Members for Adjustment of the Labour Relations Commission representing
the employers; shall nominate the mediation committee members
representing the workers from among the labour members of the
Labour Relations Commission (or, in the case of the Central Labour
Relations Commission, from among the labour members responsible
for ordinary enterprises) and/or the Special Members for Adjustment
of the Labour Relations Commission representing the workers;
and shall nominate the mediation committee members representing
the public interest from among the public members of the Labour
Relations Commission (or, in the case of the Central Labour Relations
Commissions, from among the public members responsible for ordinary
enterprises) and/or the Special Members for Adjustment of the
Labour Relations Commission representing the public interest.
- 2. With respect to disputes fixed by
Cabinet Order as those in local areas to be dealt with by the
Central Labour Relations Commission as provided for in Article
19-10, paragraph 1 of the Trade Union Law, the chairman of the
Central Labour Relations Commission shall nominate, notwithstanding
the provisions of the preceding paragraph, one or more mediations
committee members from among the Local Members for Adjustment
provided for in paragraph 1 of the same Article; provided, however,
that this shall not apply in the event that the chairman of the
Central Labour Relations Commission determines that it would
be inappropriate to nominate a mediator from among the Local
Members for Adjustment concerned.
Chairman:
Article 22. There shall be a chairman of the mediation committee.
Said chairman shall be elected by the mediation committee from
among the mediation committee members representing the public
interest.
Meetings:
Article 23. The mediation committee shall be called by its chairman
and matters shall be decided by a majority vote of those in attendance.
- 2. No meeting shall be held unless
the mediation committee members representing the employers and
the mediation committee members representing the workers are
present.
Hearing Views:
Article 24. The mediation committee shall fix a date, request
the presence of the parties concerned and request them to present
their views.
Prohibition of Attendance:
Article 25. In mediation proceedings, the mediation committee
shall have the power to exclude any persons other than the parties
and relevant witnesses.
Draft of Mediation and Doubt:
Article 26. The mediation committee shall have the power to draft
a proposal for settlement, present it to the parties concerned
and recommend that it be accepted, as well as to publish the
proposal for settlement together with a statement of the reasons
therefor. If necessary, in such a case the mediation committee
may request the cooperation of newspapers and radio stations
in making these matters public.
- 2. If the proposal for settlement presented
under the preceding paragraph is accepted by both parties and
thereafter disagreement arises over interpretation or implementation
of the settlement, the party or parties concerned shall request
the mediation committee to provide, its views on such matter
of interpretation or implementation.
- 3. Within fifteen days from the date
of a request under the preceding paragraph, the mediation committee
shall provide its views on the requested matters of interpretation
or implementation to the parties concerned.
- 4. Until the views on interpretation
or implementation have been presented in accordance with the
preceding paragraph, neither of the parties concerned shall resort
to acts of dispute; provided, however that this shall not apply
in the event that the period provided for in the preceding paragraph
has expired.
Preferential Treatment for Cases
Concerning Public Welfare Undertakings:
Article 27. Necessary preferential
treatment shall be given in order to expedite especially the
mediation of cases concerning public welfare undertakings.
Independent Settlement:
Article 28. Nothing in this Chapter shall be construed to prevent
the settlement of a case by other means of mediation other than
those fixed herein, either by mutual agreement of the parties
or in accordance with the provisions of a collective agreement.
Chapter
IV. Arbitration
Arbitration of Article 20 of the
Trade Union Law:
- Article 29. Arbitration of a labour
disputes by the Labour Relations Commission under the provisions
of Article 20 of the Trade Union Law shall be carried out in
accordance with the provisions of this Chapter.
Commencement of Arbitration:
Article 30. The Labour Relations
Commission shall carry out arbitration in any of the following
cases:
- (1) when a request for arbitration
has been made to the Labour Relations Commission by both parties
to the dispute;
- (2) when a request for arbitration
has been made to the Labour Relations Commission by either one
or both of the parties in accordance with a provision in a collective
agreement requiring that an application for arbitration by the
Labour Relations Commission be made.
Appointment of Members:
Article 31. Arbitration of a labour dispute by the Labour Relations
Commission shall be carried out by an arbitration committee,
which shall be established consisting of three arbitration committee
members.
Nomination of Members:
Article 31-2. The arbitration committee members shall be nominated
by the chairman of the Labour Relations Commission from among
the members of the Labour Relations Commission and/or the Special
Members for Adjustment representing the public interest, who
have been selected with the agreement of the parties concerned;
provided, however, that in the event that selection in accordance
with the agreement of the parties concerned has not occurred,
the chairman of the Labour Relations Commission shall nominate
the arbitration committee members, after asking the opinions
of the parties concerned, from among the public members of the
Labour Relations Commission (or, in the case of the Central Labour
Relations Commission, from among the public members responsible
for ordinary enterprises) and /or the Special Members for Adjustment
representing the public interest.
Chairman:
Article 31-3. There shall be a chairman of the arbitration committee.
The said chairman shall be elected from among the arbitration
committee members by mutual vote.
Meeting:
Article 31-4. The arbitration committee shall be convened by
the chairman.
- 2. The arbitration committee shall
not open a meeting nor make any decision unless two or more arbitration
committee members are present.
- 3. Matters shall be decided by a majority
vote of the arbitration committee members.
Presenting Opinions by Members:
Article 31-5. Members of the Labour Relations Commission, or
Special Members for Adjustment, representing the employers and/or
members of the Labour Relations Commission, or Special Members
for Adjustment, representing the workers, nominated by the respective
parties concerned, may attend meetings of the arbitration committee
and state their opinions with the consent of the arbitration
committee.
Prohibition of Attendance:
Article 32. In arbitration proceedings,
the arbitration committee shall have the power to exclude any
persons other than the parties and relevant witnesses.
Methods of Arbitration Awarding:
Article 33. The arbitration
award shall be made in writing, and that writing shall state
the date when the award goes into effect.
Effects of Arbitration Awarding:
Article 34. The arbitration award, shall have the same effect
as a collective agreement.
Independent Settlements:
Article 35. Nothing in this
Chapter shall be construed to prevent the settlement of a case
by other means of arbitration, either by mutual agreement of
the parties or in accordance with the provisions of a collective
agreement.
- Chapter IV-II. Emergency
Adjustment
Decision of Emergency Adjustment:
Article 35-2. The Prime Minister,
where he deems that, because the case is related to public welfare
undertaking, or is of a large scope or is related to work of
a special nature, suspension of the operation thereof arising
from an act of dispute would gravely imperil the normal operation
of the national economy or the daily lives of the people, may
decide on emergency adjustment, but only when such a threat actually
exists.
- 2. The Prime Minister shall, in making
the decision referred to in the preceding paragraph, ask the
opinion in advance of the Central Labour Relations Commission
(or as regards mariners covered by the Mariners Law, of the Central
Labour Relations Commission for Seafarers; hereinafter the same
provision shall apply).
- 3. The Prime Minister shall, when he
has decided on emergency adjustment, immediately publish that
decision together with a statement of the reasons therefor, and
at the same time shall notify the Central Labour Relations Commission
and the parties concerned.
Duties of the Central Labour
Relations Commission:
Article 35-3. The Central Labour
Relations Commission shall, when it has received the notification
referred to in paragraph 3 of the preceding Article, exert its
utmost efforts to settle the dispute concerned.
- 2. The Central Labour Relations Commission
may, in order to perform the duty referred to in the preceding
paragraph, take the measures enumerated in the following items
with respect to the dispute concerned:
- (1) undertake conciliation;
(2) undertake mediation;
(3) undertake arbitration (but only in cases coming under the
provisions of any item of Article 30);
(4) investigate and publish the facts of the case;
(5) recommend the taking of measures deemed necessary for the
settlement of the case.
- 3. Mediation under item 2 of the preceding
paragraph may be carried out even for matters that do not fall
under any of the provisions of Article 18.
Preferential Treatment of Emergency
Adjustment:
Article 35-4. The Central Labour
Relations Commission shall deal with cases involving a decision
for emergency adjustment in precedence to all other cases.
Article 35-5. No objection under the Administrative Complaint
Investigation Law (Law No. 160 of 1962) may be filed with respect
to a decision made by the Prime Minister in accordance with the
provisions of Article 35-2.
Chapter
V. Restriction, Prohibition, etc., of Certain Acts of Dispute
Duty to Maintain Safety:
Article 36. No act which hampers or causes the stoppage of normal
maintenance or operation of safety equipment at factories or
other places of employment shall be resorted to even as an act
of dispute.
Advance Notification of Public
Welfare Undertakings in an Act of Dispute:
Article 37. When a party concerned in a case involving public
welfare undertaking resorts to an act of dispute. the party shall
so notify the Labour Relations Commission and the Minister of
Labour or the prefectural governor at least 10 days prior to
the day on which the act of dispute is to be commenced.
- 2. With respect to a case involving
public welfare undertakings as to which a decision for emergency
adjustment has been made, the notification under the provisions
of the preceding paragraph shall not be made until the period
provided for in Article 38 has expired.
Restrictions of an Act of Dispute
in a Case of Emergency Adjustment:
Article 38. When it has been
publicly announced that a decision for emergency adjustment has
been made, the parties concerned shall not resort to any act
of dispute for 50 days from the date of such public announcement.
Penalty of Violating Article
37:
Article 39. In the event of a violation of the provisions of
Article 37, the employer or employers or organization thereof
responsible for such violation, the workers' organization responsible
for such violation, or such other person or persons or organization
thereof responsible for such violation shall be liable to a fine
not exceeding one hundred thousand yen.
- 2. The provisions of the preceding
paragraph shall in the case of juridical person, apply to the
directors, managers or other officers who execute the business
of such juridical person, and shall, in the case of organization
which is not a juridical person, apply to the representatives
or other officers who execute the business of such organization.
- 3. The total of fines imposed for one
act of dispute shall not exceed one hundred thousand yen.
- 4. When applying the provisions of
paragraph 1 to dissolved juridical persons or to dissolved employers'
organizations, workers' unions or organizations, such as strike
bodies, which are not juridical persons, those organizations
shall be deemed to be as still in existence.
Penalty of Violating Article
38:
- Article 40. In the event of a violation
of the provisions of Article 38 the employer or employers or
organization thereof responsible for such violation, the workers'
organization responsible for such violation or such other person
or persons or organization thereof responsible for such violation
shall be liable to a fine not exceeding two hundred thousand
yen.
- 2. The provisions of paragraphs 2 to
4 inclusive of the preceding Article shall apply mutatis mutandis
to a case under the preceding paragraph. In such a case, the
phrase "one hundred thousand yen" in paragraph 3 of
the same Article shall be read as "two hundred thousand
yen".
Article 41. Deleted.
Request of Penalty by the Labour
Relations Commission:
Article 42. Offenses under Article
39 shall be considered upon request of the Labour Relations Commission.
Order to Withdraw from the Meeting
Place:
Article 43. The chairman of a mediation committee or the chairman
of an arbitration committee, in carrying out mediation or arbitration,
may order anyone obstructing the fair progress of mediation or
arbitration to withdraw from the meeting place.
Supplementary
Provisions
1. The date of enforcement of this Law shall be fixed by Imperial
Ordinance.
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Copyright
1996-2001 United for a multicultural Japan, All rights
reserved.
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