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Trade
Union Law
Chapter
I. General Provisions Purpose:
Article l. 1.
The purposes of this Law are to elevate the status of workers by promoting their
being on equal standing with their employer in their bargaining with the employer;
to protect the exercise by workers of autonomous self-organization and association
in trade unions so that they may carry out collective action including the designation
of representatives of their own choosing to negotiate working conditions; and
to encourage the practice of collective bargaining, and procedures therefor, for
the purpose of concluding collective agreements governing relations between employers
and workers.
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. Trade
Unions:
Article 2. "Trade
unions" under this Law shall be those organizations, or federations thereof,
formed autonomously and composed mainly of the workers for the main purposes of
maintaining and improving working conditions and raising the economic status of
the workers, provided, however, that this shall not apply to those -
(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 labor 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. Workers:
Article 3. "Workers" under this Law
shall be those persons who live or their wages, salaries or other remuneration
assimilable thereto, regardless of the kind of occupation. Article
4. Deleted. Chapter
II. Trade Unions Treatment
of an Organization Which Has Been Formed as a Trade Union:
Article 5. 1.
Unless the trade union has submitted evidence to the Labor Relations Commission
and proved that it is in compliance with the provisions of Article 2 and paragraph
2 of this Article, the trade union shall not be eligible to participate in the
procedures provided in this Law and shall not be granted the remedies provided
in this Law, provided, however, that nothing herein shall be construed so as to
deny any individual worker the protections accorded by Article 7, item l.
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. Authority
to Negotiate:
Article 6.
Representatives of a trade union or those to whom the authority has been delegated
by the trade union shall have authority to negotiate with the employer or the
employers' organization on behalf of the trade union or the members of the trade
union with respect to conclusion of a collective agreement and other matters. Unfair
Labor Practices:
Article 7.
1. The employer shall not commit the acts set forth
in the following items:
(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 Labor Relations Commission that the employer has violated
the provisions of this Article; for such worker's having requested the Central
Labor 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 Labor Relations Commission in
regard to such a complaint or request or at an adjustment of labor disputes as
provided for under the Labor Relations Adjustment Law (Law No. 25 of 1946). Indemnity:
Article 8. An employer shall not be permitted
to claim indemnity from a trade union or a member of the same for damages received
through a strike or other acts of dispute which are proper acts. Diversion
of Funds:
Article 9.
When a trade union intends to divert for other purposes funds specially set up
for mutual aid and other welfare activities, it shall obtain a resolution of the
general meeting of the union. Dissolution:
Article 10. 1.
A trade union shall be dissolved in the following cases:
(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. Trade
Union which is a Juridical Person:
Article
11. 1. A trade union which has received
certification by the Labor Relations Commission that it is in compliance with
the provisions of this Law shall acquire the status of a juridical person by registering
itself at the place where its main office is located.
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. Mutatis
Mutandis Application:
Article
12. 1. The provisions of Articles 43, 44
(except with respect to the cases provided for in Article 8 of this Law), 50,
52 to 55, and 57 of the Civil Code ( Law No. 89 of 1896) and the provisions of
Articles 35, 36 and 37-2 of the Law on Procedures in Non-Contentious Cases (Law
No. 14 of 1898) shall apply mutatis mutandis to a trade union which is a juridical
person.
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. Article
13. Deleted. Chapter
III. Collective Agreements Taking
Effect of a Collective Agreement:
Article
14. A collective agreement between a trade union and an employer or an
employers' organization concerning conditions of work and other matters shall
take effect when the agreement is put in writing and is either signed by or with
names affixed with seals by both of the parties concerned. Term
of a Collective Agreement:
Article
15. 1. A term of validity exceeding three
years shall not be provided for in a collective agreement.
2.
A collective agreement providing for a term of validity exceeding three years
shall be regarded as a collective agreement providing for a term of validity of
three years.
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. Effectiveness
of the Standards:
Article 16.
Any portion of an individual labor contract contravening the standards concerning
conditions of work and other matters relating to the treatment of workers provided
in the collective agreement shall be void. In such a case, the invalidated part
of the individual labor contract shall be governed by the provisions of the standards.
With respect to matters as to which the individual labor contract contains no
provisions, the same rule shall apply. General
Binding Power:
Article 17.
When three-fourths or more of the workers of the same kind regularly employed
in a particular factory or other workplace come under application of a particular
collective agreement, the agreement concerned shall be regarded as also applying
to the remaining workers of the same kind employed in the factory concerned or
workplace. General
Binding Power in a Locality:
Article
18. 1. When a majority of the workers of
the same kind in a particular locality come under application of a particular
collective agreement, the Minister of Labor or the prefecture governor may, at
the request of either one or both of the parties to the collective agreement concerned
and pursuant to a resolution of the Labor Relations Commission, decide that the
collective agreement concerned (including an agreement revised pursuant to the
provisions of paragraph 2) should apply to the remaining workers of the same kind
employed in the same locality and to their employers.
2.
In the event the Labor 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.
4. In the event the Minister of Labor or the prefecture
governor determines that the collective agreement referred to in a request under
paragraph 1 constitutes a collective agreement as provided for in Article 11 of
the Minimum Wages Law (Law No. 137 of 1959), the Minister of Labor or the prefecture
governor, in making the decision referred to in that paragraph, shall, prior thereto
obtain the opinion of the Central Minimum Wages Council or the Chief of the Prefecture
Labor Standards Office concerning the portion of the collective agreement relating
to wages. In such a case, the Chief of the Prefecture Labor Standards Office,
prior to presenting his or her opinion, shall obtain the opinion of the Local
Minimum Wages Council. Chapter
IV. Labor Relations Commissions Labor
Relations Commissions:
Article
19. 1. Labor Relations Commissions shall
be established consisting of an equal number of persons representing employers
(hereinafter referred to as "employer members") persons representing
workers (hereinafter referred to as "Labor members") and persons representing
the public interest (hereinafter referred to as "public members").
2. The Labor Relations Commissions shall consist
of the Central Labor Relations Commission, the Central Labor Relations Commission
for Seafarers, Prefectural Labor Relations Commissions and Local Labor Relations
Commissions for Seafarers.
3. Matters concerning
the Labor Relations Commissions other than those laid down in this Law shall be
fixed by cabinet order. Central
Labor Relations Commission:
Article
19-2. The Central Labor Relations Commission shall be under the jurisdiction
of the Minister of Labor. Appointment
of the Members of the Central Labor Relations Commission, etc:
Article
19-3. 1. The Central Labor Relations Commission
shall be composed of thirteen employer members, thirteen Labor members and thirteen
public members.
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 Labor Relations Law (Law No. 257 of 1948);
the same definition applies in Article 19-10, paragraph 1 hereof)), the Labor
members based upon the recommendations of the trade unions (and as to four of
the Labor 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
Labor 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 Labor after obtaining the consent of the employer
members and the Labor 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 Labor after obtaining the consent of the employer members and
the Labor 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 Labor 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. Ineligibility
of Members:
Article 19-4.
1. No person coming under any one of the following
Items may become a member:
(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. Term
of Office of Members, etc:
Article
19-5. 1. The term of office of members shall
be two years; provided that a member who is appointed to fill a vacancy shall
hold office during the remaining term of such predecessor.
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. Obligations
of Public Members:
Article 19-6.
1. No public member in full-time positions shall,
during the term of office, perform any act falling under any one of the following
items:
(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. Loss
of Position and Dismissal of a Member:
Article
19-7. 1. A member shall lose his position
in the event that such member has fallen under any one of the items of Article
19-4, paragraph 1. The same shall apply in the event that a public member has
fallen under any one of the items of paragraph 2 of the same Article.
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 Labor Relations Commission in the case
of an employer member or a Labor 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 Labor Relations Commission to give its consent to the dismissal
of an employer member or a Labor 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. Pay
of the Members, etc:
Article
19-8. Members shall receive such salaries, allowances and other pay as
are fixed separately by laws, and shall also receive compensation for expenses
necessary for the performance of their duties as fixed by cabinet order. Chairman
of the Central Labor Relations Commission:
Article
19-9. 1. The Central Labor Relations Commission
shall have a chairman.
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 Labor Relations Commission
and shall represent the Central Labor Relations Commission.
4.
The Central Labor 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. Local
Members for Adjustment:
Article
19-10. 1. The Central Labor Relations Commission
shall establish Local Members for Adjustment representing, respectively, the employers,
the workers and the public interest to participate in conciliation or mediation
in disputes between a national enterprise and its employees and other disputes
fixed by cabinet order as those in local areas to be dealt with by the Central
Labor Relations Commission, and to participate in investigations or hearings as
provided for in Article 27, paragraph 13.
2.
For each area fixed by cabinet order, the Minister of Labor shall appoint Local
Members for Adjustment with the consent of the Central Labor 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 Labor" and "with the consent of the Central Labor Relations
Commission in the case of an employer member or a Labor 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 Labor Relations Commission". Executive
Office of the Central Labor Relations Commission:
Article
19-11. 1. An Executive Office shall be established
in the Central Labor Relations Commission to handle the administrative affairs
of the Commission, and the Executive Office shall have an office director general
and other necessary staff appointed by the Minister of Labor with the consent
of the chairman.
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. Local
Labor Relations Commissions:
Article
19-12. 1. The Prefectural Labor Relations
Commissions shall be established by the prefectures.
2.
The Prefectural Labor 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, Labor 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 Labor members based upon the recommendations
of the trade unions, and the public members with the consent of the employer members
and the Labor 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 Labor Relations
Commissions. In this case, "the Minister of Labor" 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 Labor Relations Commission containing 13 public members; five
or more of such members in a Local Labor Relations Commission containing 11 Public
members, four or more of such members in a Local Labor Relations Commission containing
nine public members, three or more of such members in a Prefectural Labor Relations
Commission containing seven public members. two or more of such members in a Prefectural
Labor Relations Commission containing five public members"; "the Prime
Minister" in Article 19-7, Paragraph 2 shall be read as "the prefectural
governor"; "the Central Labor Relations Commission in the case of an
employer member or a Labor member, or with the consent of both Houses in the case
of a public member" in the same paragraph shall be read as "the Prefectural
Labor Relations Commission"; "the Prime Minister" in paragraph
3 of the same Article shall be read as "the prefectural governor"; "an
employer member or a Labor member" in the same paragraph shall be read as
"a member of the Local Labor Relations Commission"; "the Minister
of Labor" in paragraph 1 of the preceding Article shall be read as "the
prefectural governor"; and "an office director-general and other necessary
staff" shall be read as "an office director-general, two or fewer vice-directors
general and other necessary staff."
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. Labor
Relations Commission for Seafarers:
Article
19-13. 1. With regard to mariners (excluding
employees of the national enterprises; hereinafter in this paragraph the same
qualification applies) covered by the Mariners Law (Law No. 100 of 1947), the
functions of the Central Labor Relations Commission, the Prefectural Labor Relations
Commission, the Minister of Labor and the prefectural governors as provided for
in this Law shall be performed, respectively, by the Central Labor Relations Commission
for, Seafarers, the Local Labor Relations Commission for Seafarers and the Minister
of Transport. In this case the provisions of Article 18, paragraph 4, shall not
apply to mariners.
2. The Central Labor Relations
Commission for Seafarers shall be composed of seven employer members, seven Labor
members and seven public members, and the Local Labor Relations Commissions for
Seafarers shall be composed of five] employer members, five Labor members and
five public members.
3. The Minister of Transport
shall appoint the employer members based upon the recommendations of the employers'
organizations, the Labor members based upon the recommendations of the trade unions
and the public members based upon the consent of the employer members and the
Labor members.
4. The provisions concerning
the Central Labor Relations Commission and the Local Labor 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 Labor Relations Commission
for Seafarers and the Local Labor Relations Commissions for Seafarers. In this
case, "the Minister of Labor" 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 Labor Relations Commission in the case of an employer member
or a Labor 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 Labor 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 Labor member" in the same paragraph shall be read as "a
member of the Central Labor Relations Commission for Seafarers"; "the
Minister of Labor" 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 Labor relations
of employees of the national enterprises, the Central Labor 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 Labor 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 Labor 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 Labor Relations Commission for Seafarers. Authority
of the Labor Relations Commissions:
Article
20. In addition to those matters pursuant to the provisions of Articles
5, 11, 18 and 27, the Labor Relations Commissions shall have authority to perform
conciliation, mediation and arbitration of Labor disputes. Meetings:
Article 21. 1.
When a Labor Relations Commission deems it necessary for the public welfare, its
meetings may be made public.
2. The meetings
of a Labor Relations Commission shall be called by the chairman.
3.
The Labor Relations Commission shall not open a meeting nor make any decision
unless at least one employer member. one Labor 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. Authority
for Compulsion:
Article 22.
1. When a Labor Relations Commission deems it necessary
for carrying out its work, the Labor Relations Commission may demand the attendance
of or the presentation of reports or the presentation of necessary books and documents
by the employer or the employers' organization or by the trade union or others
concerned, and the Labor Relations Commission may also have its members or staff
(hereinafter referred to simply as "staff') inspect factories and other workplaces
concerned and inspect the conditions of business, books and papers and other objects.
2. In the event the Labor Relations Commission
has its members or staff inspect or investigate pursuant to the preceding paragraph,
the Labor Relations Commission shall require them to carry a certificate certifying
their positions and to show such certificate to persons concerned. Duty
to Keep Secrets:
Article 23.
Members and those who have been members as well as the staff or those who have
been on the staff of a Labor Relations Commission shall not disclose any secret
information obtained in performing their functions. The same shall apply to Local
Members for Adjustment and those who have been Local Members for Adjustment of
the Central Labor Relations Commission. Authorities
Which Is Carried Out Only by Public Members:
Article
24. 1. Only the public members of a Labor
Relations Commission shall participate in the disposition of cases arising under
Articles 5, 7, 11 and 27 hereof and under Article 42 of the Labor Relations Adjustment
Law; provided, however, that this shall not preclude employer members and Labor
members from participating in hearings held prior to a decision.
2.
The Central Labor Relations Commission may have
public members in full - time
positions investigate conditions of Labor relations of employees of the national
enterprises and other matters deemed necessary for dealing with the business of
the Central Labor Relations Commission, in addition to matters relating to cases
pending before the Central Labor Relations Commission. Authority
of the Central Labor Relations Commission:
Article
25. 1. The Central Labor Relations Commission
shall have authority to perform the functions prescribed under the provisions
of Articles 18, 20, 26 and 27 hereof and Articles 35-2 to 35-4 inclusive of the
Labor Relations Adjustment Law.
2. In cases
concerning the Labor relations of employees of the national enterprises, the Central
Labor 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 Labor Relations Commission shall assume initial jurisdiction over conciliation,
mediation, arbitration, and disposition, in cases which span two or more prefectures
or which present
issues of national importance.
3.
The Central Labor Relations Commission may review the dispositions of the Local
Labor 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 Labor Relations Commission,
or ex
officio. Authority
to Establish Rules:
Article
26. The Central Labor Relations Commission shall have authority to formulate
and promulgate rules of procedure for the Local Labor Relations Commission, as
well as rules of procedure for its own proceedings. Orders,
etc., of the Labor Relations Commission:
Article
27. 1. When a complaint that an employer
has violated the provisions of Article 7 is received, the Labor Relations Commission
shall make an investigation without delay and, if it is deemed necessary, shall
hold a hearing on the merits of the complaint. Such investigation and hearing
shall follow the rules of procedures prescribed by the Central Labor Relations
Commission, as provided for in the preceding Article, and, in the procedures for
such hearing, sufficient opportunity to present evidence and cross-examine the
witnesses shall be given to the employer concerned and to the complainant.
2. The Labor 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 Labor 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 Labor 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 Labor 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 Labor 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 Labor 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 Labor 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 Labor Relations Commission of the order of the
Local Labor Relations Commission, or in the event the Central Labor 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 Labor 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
Labor 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 Labor 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 Labor 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 Labor Relations Commission
within the period under paragraph 6, such order of the Labor Relations Commission
concerned shall be come fixed. In this case, if the employer does not comply with
the order of the Labor Relations Commission, the Labor 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 Labor Relations Commission
is upheld in a final judgment on an appeal under paragraph 6, the Central Labor
Relations Commission cannot review such order of the Local Labor Relations Commission.
11. The provisions of paragraph 5 shall apply mutatis
mutandis to a request for review to the Central Labor 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 Labor Relations
Commission.
13. Notwithstanding the provisions
of Article 24, paragraph 1, the Central Labor 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 Labor Relations Commission, and in accordance
with the provisions of the rules of procedures prescribed by the Central Labor
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. Compensation
for Expenses:
Article 27-2.
Those who have been required to attend pursuant to the provisions of Article
22, paragraph 1, or Article 27, paragraph
3, may be compensated for their expenses as fixed by cabinet order. Exception
from Application of Administrative Procedural Law:
Article
27-3. The provisions of Chapter 2 and Chapter 3 of the Administrative Procedural
Law (LOW No. 88 of 1993) shall not apply to dispositions which the Labor Relations
Commission conducts. Restriction
on Filing of Objections:
Article
27-4. No objection may be filed under the Administrative Complaint Investigation
Law (Law No. 160 of 1962) with respect to dispositions made by a Labor Relations
Commission. Chapter
V. Penalties Article
28. In the event of a violation of an order of the Labor Relations Commission
pursuant to the provisions of Article 27, when the whole or a part of said order
has been sustained by the final judgment of the courts, those who have committed
such a violation shall be liable to imprisonment not exceeding one year or to
a fine not exceeding one hundred thousand yen, or to both. Article
29. Those who have contravened the provisions of Article 23 shall be liable
to imprisonment at hard labor not exceeding one year or to a fine not exceeding
thirty thousand yen. Article
30. Those who have failed to present reports or made false reports or failed
to submit books or papers in violation of the provisions of Article 22; and those
who have failed to present themselves in violation of the provisions of the same
Article; and those who have refused, obstructed, or evaded inspection under the
provisions of the same Article shall be liable to a fine not exceeding thirty
thousand yen. Article
31. When an agent, co-habitant, employee, or other worker of a juridical
person or a person has violated the provisions of the first clause of the preceding
Article, in connection with the business of said juridical person or of the person,
said juridical person or person shall not be immune from penalty by reason of
not having given an instruction for such a violation.
2.
The provisions of the first clause of the preceding Article shall apply, in the
case of a juridical person, to the directors, managers or other officers who execute
the business of such juridical person and, in the case of a minor or a person,
to the legal representative of such minor or person adjudged incompetent; provided,
however, that this rule shall not apply to a minor having the same capacity as
an adult in the performance of business. Article
32. In the event an employer has violated an order of a court under the
provisions of Article 27, paragraph 8, such employer shall be liable to a non-penal
fine not exceeding one hundred thousand yen (and if the order concerned requires
affirmative action, to a fine not exceeding the total amount of money obtained
by multiplying one hundred thousand yen by the number of days of non-compliance).
The same shall apply in the event an employer has violated an order of the Labor
Relations Commission which has become final pursuant to the provisions of Article
27, paragraph 9. Article
33. In the event that the liquidator of a trade union which is a juridical
person has violated the provisions of the Civil Code which are applied |
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