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2. The provisions of Article 35 of the
Criminal Code (Law No. 45 of 1907) shall apply to collective
bargaining and other acts of a trade union which are proper and
have been performed for the attainment of the purposes of the
preceding paragraph, provided, however, that in no event shall
acts of violence be construed as proper acts of trade unions.
(1) which admit to membership officers;
workers in supervisory positions having direct authority with
respect to hiring, firing, promotions or transfers; workers in
supervisory positions having access to confidential information
relating to the employer's labour relations plans and policies
so that their official duties and responsibilities directly conflict
with their loyalty and responsibilities as members of the trade
union concerned; and other persons who represent the interests
of the employer; (2) which receive the employer's financial
support in defraying the organizations' operational expenditures,
provided, however, that this shall not prevent the employer from
permitting workers to confer or negotiate with the employer during
working hours without loss of time or pay and this shall not
apply to the employer's contributions for public welfare funds
or welfare and other funds which are actually used for payments
to prevent or relieve economic misfortunes or accidents, nor
to the furnishing of minimum office space; (3) whose objects are confined to mutual
aid work or other welfare work; (4) whose objects are principally political
or social movements. 2. The constitution of a trade union
shall include the provisions set forth in each of the following
items: (1) name; (2) address of the main office; (3) that members of a trade union other
than a trade union that is a federation (such other trade union
hereinafter referred to as a "local union") shall have
the right to participate in all affairs of such trade union and
shall have the right to receive equal treatment; (4) that in no event shall anyone be
disqualified for union membership on the basis of race, religion,
sex, social status or family origin; (5) in the case of a local union, that
the officers shall be elected by direct secret ballot of the
members, and, in the case of a federation or a trade union having
national scope. that the officers shall be elected by direct
secret ballot either of the members of the local unions or of
delegates elected by direct secret ballot of the members of the
local unions; (6) that a general meeting shall be
held at least once every year; (7) that a financial report showing
all sources of revenues and expenses, the names of main contributors
and the current financial status, together with certification
of its accuracy by a professionally competent auditor appointed
by the members; shall be released to the members at least once
every year; (8) that no strike action shall be started
without a majority decision made by direct secret ballot either
of the members or of delegates elected by direct secret ballot
of the members; (9) in the case of local union, that
the constitution shall not be revised unless such revision has
received majority support by direct secret ballot of the members,
and, in the case of a trade union which is a federation or a
trade union which has national scope, the constitution shall
not be revised unless such revision has received majority support
by direct secret ballot either of the members of the local unions
or of the delegates elected by direct secret ballot of the members
of the local unions. (1) to discharge or otherwise treat
in a disadvantageous manner a worker by reason of such worker's
being a member of a trade union, having tried to join or organize
a trade union, or having performed proper acts of a trade union;
or to make it a condition of employment that the worker must
not join or must withdraw from a trade union. However, where
a trade union represents a majority of workers employed at a
particular plant or workplace, this shall not prevent an employer
from concluding a collective agreement which requires, as a condition
of employment, that the workers must be members of such trade
union; (2) to refuse to bargain collectively
with the representative of the workers employed by the employer
without proper reasons; (3) to control or interfere with the
formation or management of a trade union by workers or to give
financial support in defraying the trade union's operational
expenditures, provided, however, that this shall not prevent
the employer from permitting workers to confer or negotiate with
the employer during working hours without loss of time or pay
and this shall not apply to the employer's contributions for
public welfare funds or welfare and other funds which are actually
used for payments to prevent or relieve economic misfortunes
or accidents, nor to the furnishing of minimum office space;
(4) to discharge or otherwise treat
in a disadvantageous manner a worker for such worker's having
filed a complaint with the Labour Relations Commission that the
employer has violated the provisions of this Article; for such
worker's having requested the Central Labour Relations Commission
to review an order issued under the provisions of Article 27,
paragraph 4; or for such worker's having presented evidence or
having spoken at an investigation or hearing conducted by the
Labour Relations Commission in regard to such a complaint or
request or at an adjustment of labour disputes as provided for
under the Labour Relations Adjustment Law (Law No. 25 of 1946). (1) occurrence of circumstances requiring
dissolution as provided in the constitution of the trade union;
(2) adoption of resolution for dissolution
at the general meeting of the trade union by a majority of three-fourths
or more of the members or the affiliated organizations. 2. The matters necessary for registration
other than those provided in this Law shall be fixed by cabinet
order. 3. The matters necessary for registration
for a trade union may not be raised against any third person
until after registration has been effected. 2. The provisions of Articles 72 to
83 of the Civil Code and the provisions of Articles 136, 137
and 138 of the Law on Procedures in Non-Contentious Cases shall
apply mutatis mutandis to a trade union which is a juridical
person and which has dissolved according to the provisions of
Article 10 of this Law. 2. A collective agreement providing
for a term of validity exceeding three years shall be regarded
as a 3. A collective agreement which does
not provide for a term of validity may be terminated by either
party by giving notice to the other party in writing either signed
by or with name affixed with seal by the party giving notice.
A collective agreement which provides for a definite term and
which includes a provision to the effect that the agreement shall
continue in effect after expiration of said term without specifying
any time limit for such continuation shall be treated in the
same way after the expiration of said term. 4. The notice provided for in the preceding
paragraph shall be given at least ninety days prior to the date
on which termination is to be made. 2. In the event the Labour Relations
Commission determines, in making the resolution referred to the
preceding paragraph, that the collective agreement concerned
contains inappropriate portions, the Commission may amend those
portions. 3. A decision under paragraph 1 shall
be effectuated by public notification. 2. The Labour Relations Commissions
shall consist of the Central Labour Relations Commission, the
Central Labour Relations Commission for Seafarers, Prefectural
Labour Relations Commissions and Local Labour Relations Commissions
for Seafarers. 3. Matters concerning the Labour Relations
Commissions other than those laid down in this Law shall be fixed
by cabinet order. 2. The Prime Minister shall appoint
the employer members based upon the recommendations of employers'
organizations (and as to four of the employer members, based
upon the recommendations of the national enterprises (meaning
the national enterprises as stipulated in Article 2, item 1 of
the National Enterprise Labour Relations Law (Law No. 257 of
1948); the same definition applies in Article 19-10, paragraph
1 hereof)), the labour members based upon the recommendations
of the trade unions (and as to four of the labour members, based
upon the recommendations of the trade unions organized or joined
by employees provided for in Article 2, item 2 of said National
Enterprise Labour Relations Law (hereinafter in this chapter
such employees are referred to as "employees of the national
enterprises")), and the public members with the consent
of both Houses from among the persons entered in a list of candidates
prepared by the Minister of Labour after obtaining the consent
of the employer members and the labour members. 3. In case the term of office of a public
member has expired or a vacancy of a public member has occurred
and the consent of both Houses cannot be obtained because the
Diet is not in session or the House of Representatives has been
dissolved, the Prime Minister may, notwithstanding the provisions
of the preceding paragraph, appoint a public member from among
the persons entered in a list of candidates prepared by the Minister
of Labour after obtaining the consent of the employer members
and the labour members. 4. In a case under the preceding paragraph,
the Prime Minister shall ask for subsequent approval by both
Houses at the first session after said appointment. In this case,
if subsequent approval of both Houses cannot be obtained, the
Prime Minister shall immediately dismiss the public member or
members concerned. 5. As to appointment of the public members,
six or more of such members shall not belong to one and the same
political party. 6. The members of the Central Labour
Relations Commission (referred to simply as "members"
in the next Article through Article 19-9 inclusive) shall be
in part-time positions; provided however, that two or fewer of
the public members may be in full-time positions. (1) a person who has been adjudicated
incompetent or quasi-incompetent; (2) a person who has been sentenced
to a criminal penalty of or heavier than imprisonment and who
is still under the execution of the sentence or who has not ceased
to be amenable to the execution of the sentence. 2. No person falling under any one of
the following items may become a public member: (1) a member of the Diet or a member
of the assembly of a local public body; (2) an employee of a national enterprise,
or a member or officer of a trade union which is organized or
joined by employees of the national enterprises. 2. Members may be reappointed. 3. When the term of office of a member
has expired, such member shall remain as a member until a successor
has been appointed. (1) become an officer of a political
party or other political organization, or actively engage in
political activities; (2) except in cases where there has
been permission from the Prime Minister, receive remuneration
and engage in any other job for reward, or undertake a profit-making
enterprise or otherwise engage in any business aiming at pecuniary
gain. 2. No public member in a part-time position
shall, during the term of office, perform any act falling under
item 1 of the preceding paragraph. 2. The Prime Minister may, when the
Prime Minister determing that a member cannot perform his or
her duties by reason of mental or physical defects or that a
member has acted contrary to the duties of his or her position
or is otherwise guilty of such misconduct as to render such member
unfit to be a member, dismiss such member with the consent of
the Central Labour Relations Commission in the case of an employer
member or a labour member, or with the consent of both Houses
in the case of a public member. 3. In case the Prime Minister has, in
accordance with the provisions of the preceding paragraph, requested
the Central Labour Relations Commission to give its consent to
the dismissal of an employer member or a labour member, the member
concerned may not take part in the proceedings. 4. The Prime Minister shall immediately
dismiss a public member who has newly come to belong to a political
party to which five of the public members already belong. 5. In the event six or more of the public
members have come to belong to the same political party (excluding
a case which falls under the provisions of the preceding paragraph),
the Prime Minister, with the consent of both Houses, shall dismiss
public members so that the number of public members belonging
to the same party is reduced to five, provided, however, that
the Prime Minister may not dismiss members who have not changed
the political party to which they belong. 2. The chairman shall be elected by
the members from among the public members. 3. The chairman shall preside over the
business of the Central Labour Relations Commission and shall
represent the Central Labour Relations Commission. 4. The Central Labour Relations Commission
shall designate in advance a member, by election by the members
from among the public members, who shall act for the chairman
in the event the chairman is impeded from performing duties. 2. For each area fixed by cabinet order,
the Minister of Labour shall appoint Local Members for Adjustment
with the consent of the Central Labour Relations Commission.
3. The provisions of Article 19-5, the
main clause of paragraph 1 and paragraph 2; Article 19-7, paragraph
2; and Article 19-8 shall apply mutatis mutandis to the Local
Members for Adjustment. In this case, "the Prime Minister"
in Article 19-7, paragraph 2, shall be read as "the Minister
of Labour" and "with the consent of the Central Labour
Relations Commission in the case of an employer member or a labour
member, or with the consent of both Houses in the case of a public
member" in the same paragraph shall be read as "with
the consent of the Central Labour Relations Commission".
2. The Executive Office shall establish
local offices, which shall take charge of affairs in local areas. 3. The locations, names and jurisdictional
areas of the local offices shall be fixed by cabinet order. 2. The Prefectural Labour Relations
Commissions shall be composed of either thirteen members each
(restricted to the commission established by the Tokyo Metropolitan
Government), eleven members each (restricted to the commission
established by the Osaka Prefectural Government), nine members
each, seven members each, or five members each for employer members,
labour members, and public members respectively, with the number
as fixed by cabinet order. 3. The prefectural governor shall appoint
the employer members based upon the recommendations of the employers'
organizations, the labour members based upon the recommendations
of the trade unions, and the public members with the consent
of the employer members and the labour members. 4. The provisions of Article 19-2; Article
19-3, paragraph 5 and the main clause of paragraph 6; Article
19-4, paragraph 1; Article 19-5; Article 19-7, the first clause
of paragraph 1, paragraph 2 and paragraph 3; Article 19-8; Article
19-9; and the first paragraph of the preceding Article shall
apply mutatis mutandis to the Local Labour Relations Commissions.
In this case, "the Minister of Labour" in Article 19-2
shall be read as "the prefectural governor", six or
more of such members" in Article 19-3, Paragraph 5 shall
be read as "six or more of such members in a Prefectural
Labour Relations Commission containing 13 public members; five
or more of such members in a Local Labour Relations Commission
containing 11 Public members, four or more of such members in
a Local Labour Relations Commission containing nine public members,
three or more of such members in a Prefectural Labour Relations
Commission containing seven public members. two or more of 5. When a public member has by his or
her own actions come into conflict with the provisions of Article
19-3, paragraph 5, as incorporated under the provisions of the
preceding paragraph, such member shall automatically be retired. 2. The Central Labour Relations Commission
for Seafarers shall be composed of seven employer members, seven
labour members and seven public members, and the Local Labour
Relations Commissions for Seafarers shall be composed of five]
employer members, five labour members and five public members. 3. The Minister of Transport shall appoint
the employer members based upon the recommendations of the employers'
organizations, the labour members based upon the recommendations
of the trade unions and the public members based upon the consent
of the employer members and the labour members. 4. The provisions concerning the Central
Labour Relations Commission and the Local Labour Relations Commissions
(excluding the provisions of Article 19-3, paragraphs 1 to 4
inclusive and the proviso to paragraph 6; Article 19-4, paragraph
2; Article 19-6; Article 19-7, the latter clause of paragraph
l, paragraph 4 and paragraph 5; Article 19-10; Article 19-11,
paragraph 2 and paragraph 3; paragraph 2, paragraph 3 and the
latter clause of paragraph 4 (restricted to the part specifying
that "an office director-general and other necessary staff
in [Article 19-11] shall be read as 'an office director-general,
two or fewer vice-directors-general and other necessary staff")
of the preceding Article; Article 24, paragraph 2; and Article
27, paragraph 13) shall apply mutatis mutandis to the Central
Labour Relations Commission for Seafarers and the Local Labour
Relations Commissions for Seafarers. In this case, "the
Minister of Labour" in Article 19-2 shall be read as "the
Minister of Transport"; "six or more" in Article
19-3, paragraph 5 shall be read as "three or more";
"the Prime Minister" in Article 19-7, paragraph 2 shall
be read as "the Minister of Transport"; "the Central
Labour Relations Commission in the case of an employer member
or a labour member or with the consent of both Houses in the
case of a public member" in the same paragraph shall be
read as "the Central Labour Relations Commission for Seafarers":
"the Prime Minister" in paragraph 3 of the same Article
shall be read as "the Minister of Transport"; "an
employer member or a labour member" in the same paragraph
shall be read as "a member of the Central Labour Relations
Commission for Seafarers"; "the Minister of Labour"
in Article 19-11, paragraph 1 shall be read as "the Minister
of Transport"; "by the prefecture" in paragraph
1 of the preceding Article shall be read as "whose jurisdictional
area shall be that of each Local Transport Bureau (excluding
areas fixed by cabinet order for Local Transport Bureaus fixed
by cabinet order) and the area fixed by the cabinet order concerned,
and, for the time being, the area of Okinawa prefecture";
"the prefectural governor" in paragraph 4 of the same
Article shall be read as "the Minister of Transport";
"In cases concerning the labour relations of employees of
the national enterprises, the Central Labour Relations Commission
shall assume exclusive jurisdiction over conciliation, mediation,
arbitration, and disposition (with respect to disposition under
the provisions of Article 5, paragraph l. and Article 11, paragraph
1 concerning a trade union which is organized or joined by employees
of the national enterprises, such disposition shall be restricted
to that fixed by cabinet order); and the Central Labour Relations
Commission shall assume initial jurisdiction over conciliation,
mediation, arbitration, and disposition, in cases which span
two or more prefectures" in Article 25, paragraph 2 shall
be read as "shall assume initial jurisdiction over conciliation,
mediation, arbitration, and disposition, in cases which span
two or more jurisdictional areas of the Local Labour Relations
Commissions for Seafarers." 5. The provisions of paragraph 5 of
the preceding Article shall apply mutatis mutandis to a public
member of the Central Labour Relations Commission for Seafarers. 2. The meetings of a Labour Relations
Commission shall be called by the chairman. 3. The Labour Relations Commission shall
not open a meeting nor make any decision unless at least one
employer member. one labour member and one public member is present.
4. Matters shall be decided by a majority
of the members present, and in case of a tie matters shall be
decided by the chairman. 2. In the event the Labour Relations
Commission has its members or staff inspect or investigate pursuant
to the preceding paragraph, the Labour Relations Commission shall
require them to carry a certificate certifying their positions
and to show such certificate to persons concerned. 2. The Central Labour Relations Commission
may have 2. In cases concerning the labour relations
of employees of the national enterprises, the Central Labour
Relations Commission shall assume exclusive jurisdiction over
conciliation, mediation, arbitration, and disposition (with respect
to disposition under the provisions of Article 5, paragraph 1
and Article 11, paragraph 1 concerning a trade union which is
organized or joined by employees of the national enterprises,
such disposition shall be restricted to that fixed by cabinet
order); and the Central Labour Relations Commission shall assume
initial jurisdiction over conciliation, mediation, arbitration,
and disposition, in cases which span two or more prefectures
or which present 3. The Central Labour Relations Commission
may review the dispositions of the Local Labour Relations Commission
pursuant to the provisions of Articles 5, 7 and 27 with full
authority to reverse, accept, or modify such dispositions, or
it may reject an appeal for review of such dispositions. Such
review shall be initiated by appeal of either party from the
disposition of the Local Labour Relations Commission, or ex 2. The Labour Relations Commission shall
not accept a complaint under the preceding paragraph when more
than one year has elapsed since the day on which the act in question
was committed (and, in the case of a continuing act, from the
date on which such act ended). 3. The Labour Relations Commission,
in conducting the hearing under paragraph 1, may demand the attendance
of witnesses and put questions to them, at the request of the
parties concerned or ex officio. 4. At the conclusion of the hearing
procedures under paragraph 1, the Labour Relations Commission
shall make findings of fact and issue its order in accordance
therewith, either granting in full or in part the remedies sought
by the complaint or dismissing the complaint. Such findings of
fact and such order shall be in writing, and a copy thereof shall
be served on the employer concerned and to the complainant. Such
order shall take effect from the date of service. Proceedings
under the provisions of this paragraph shall be in accordance
with the rules of procedure prescribed by the Central Labour
Relations Commissions, as provided for in the preceding Article.
5. The employer may, within a period
of 15 days from receipt of the order from the Local Labour Relations
Commission (or, where there has been on unavoidable reason such
as a natural disaster, or other reason why the request for review
was not filed within this period, within a week from. the day
after the termination of that reason), file a request for review
by the Central Labour Relations Commission, provided, however,
that such a request shall not have the effect of staying the
order concerned and such order shall lose its force and effect
only when the Central Labour Relations Commission reverses or
modifies it as a result of review in accordance with the provisions
of Article 25. 6. In the event the employer elects
not to request review by the Central Labour Relations Commission
of the order of the Local Labour Relations Commission, or in
the event the Central Labour Relations Commission has issued
an order, the employer may, within 30 days from the date of service
of the order concerned, file an appeal to cancel the order concerned.
This period shall be an unchangeable period. 7. In the event the employer files a
request for review by the Central Labour Relations Commission
in accordance with the provisions of paragraph 5, the employer
may file an appeal for cancellation only with respect to an order
issued by the Central Labour Relations Commission on the request
for review. The provisions of paragraph 3 of Article 12 of the
Administrative Case Litigation Law (Law No. 139 of 1962) shall
not be applicable to such appeal. 8. In the event the employer files an
appeal with a court in accordance with the provisions of paragraph
6, the court with which the appeal is filed may, at the request
of the Labour Relations Commission concerned, issue an order
in the form of a decision to require the employer concerned to
comply in full or in part with the order of said Labour Relations
Commission pending final judgment by the courts, or it may cancel
or modify the decision on application by the parties concerned
or ex officio. 9. In the event the employer does not
file an appeal with respect to an order of the Labour Relations
Commission within the period under paragraph 6, such order of
the Labour Relations Commission concerned shall be come fixed.
In this case, if the employer does not comply with the order
of the Labour Relations Commission, the Labour Relations Commission
shall so notify the District Court in the place where the employer's
domicile is located. The worker may also make such notifications.
10. In the event the whole or a part
of the order of a Local Labour Relations Commission is upheld
in a final judgment on an appeal under paragraph 6, the Central
Labour Relations Commission cannot review such order of the Local
Labour Relations Commission. 11. The provisions of paragraph 5 shall
apply mutatis mutandis to a request for review to the Central
Labour Relations Commission by the trade union or the worker,
and the provisions of paragraph 7 shall apply mutatis mutandis
to an appeal for cancellation filed by the trade union or the
worker in accordance with the provisions of the Administrative
Case Litigation Law. 12. The provisions of paragraphs 1,
3 and 4 shall apply mutatis mutandis to the procedures for review
by the Central Labour Relations Commission. 13. Notwithstanding the provisions of
Article 24, paragraph 1, the Central Labour Relations Commission
may have the Local Members for Adjustment representing the public
interest carry out an investigation or conduct a hearing in regard
to a complaint as provided for in paragraph 1 or a request for
review as provided for in paragraph 5 or paragraph 11, with respect
to cases pending before the Central Labour Relations Commission,
and in accordance with the provisions of the rules of procedures
prescribed by the Central Labour Relations Commission as provided
for in the preceding Article. In this case, the Local Members
for Adjustment representing the employers and the Local Members
for Adjustment representing workers may participate, in the hearing
concerned.
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