Work Style Reform Law (Japan)
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Work Style Reform Law (Japan)
Japanese labour law is the system of labour law operating in Japan. Contract and rights The scope of Japanese labour law is defined by the Japanese Civil Code. Article 622 defines contracts of employment, article 632 defines a contract for work, and article 643 defines a contract for mandate. The parties are free to decide the functional nature of their contract, but labour rights apply regardless of the label in the contract. Courts use a subordination test to determine whether someone is an employee or is self-employed. Contract of employment Under the Civil Code, a contract in which one person performs services for another with compensation may be construed as any one of the following: * an where the object is the completion of labour under the employing party's direction. * an where the object is the completion of a specific task. * a where, similar to power of attorney in common law countries, one party performs designated tasks on the other party's behalf. These tasks are ...
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Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sargo ...
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Japanese Economy
The economy of Japan is a highly developed social market economy, often referred to as an East Asian model. It is the third-largest in the world by nominal GDP and the fourth-largest by purchasing power parity (PPP). It is the world's second-largest developed economy. Japan is a member of both the G7 and G20. According to the World Bank, the country's per capita GDP (PPP) was at $40,193 (2020). Due to a volatile currency exchange rate, Japan's GDP as measured in dollars fluctuates sharply. Accounting for these fluctuations through the use of the Atlas method, Japan is estimated to have a GDP per capita around $39,048. The Japanese economy is forecast by the Quarterly Tankan survey of business sentiment conducted by the Bank of Japan. The Nikkei 225 presents the monthly report of top blue chip equities on the Japan Exchange Group, which is the world's fifth-largest stock exchange by market capitalisation. In 2018, Japan was the world's fourth-largest importer and the fou ...
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Fixed-term Contract
A fixed-term contract is a contractual relationship between an employee and an employer that lasts for a specified period. These contracts are usually regulated by countries' labor laws, to ensure that employers still fulfill basic labour rights regardless of a contract's form, particularly unjust dismissal. Generally, fixed-term contracts will automatically be deemed to have created a permanent contract, subject to the employer's right to terminate employment on reasonable notice for a good reason. In the European Union the incidence of fixed-term contracts ranges from 6% in the UK to 23% in Spain, with Germany, Italy and France between 13% and 16%. By country Due to the potential job insecurity that multiple fixed-term contracts may cause, employment laws in many countries limit the circumstances and the way these contracts may be used. In countries where labour law is more restrictive (compensation/indemnity for dismissal), the differentiation between fixed-term and permanent cont ...
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Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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Gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures use a gender binary, in which gender is divided into two categories, and people are considered part of one or the other (boys/men and girls/women);Kevin L. Nadal, ''The SAGE Encyclopedia of Psychology and Gender'' (2017, ), page 401: "Most cultures currently construct their societies based on the understanding of gender binary—the two gender categorizations (male and female). Such societies divide their population based on biological sex assigned to individuals at birth to begin the process of gender socialization." those who are outside these groups may fall under the umbrella term ''non-binary''. Some societies have specific genders besides "man" and "woman", such as the hijras of South Asia; these are often referred to as ''third gende ...
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Labour Standards Act Of 1947
The is a Japanese law. It was enacted on 7 April 1947 to govern working conditions in Japan. According to Article 1 of the Act, its goal is to ensure that "Working conditions shall be those which should meet the needs of workers who live lives worthy of human beings." Historical background As the Second World War was nearing its end, on 26 July 1945, Allied leaders Winston Churchill, Harry S Truman, and Chiang Kai-shek issued the Potsdam Declaration, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives ha ...
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Collective Action
Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psychology, sociology, anthropology, political science and economics. The social identity model Researchers Martijn van Zomeren, Tom Postmes, and Russell Spears conducted a meta-analysis of over 180 studies of collective action, in an attempt to integrate three dominant socio-psychological perspectives explaining antecedent conditions to this phenomenon – injustice, efficacy, and identity. In their resultant 2008 review article, an integrative Social Identity Model of Collective Action (SIMCA) was proposed which accounts for interrelationships among the three predictors as well as their predictive capacities for collective action. An important assumption of this approach is that people tend to respond to subjective states of disadvantage, whi ...
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OECD
The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate economic progress and world trade. It is a forum whose member countries describe themselves as committed to democracy and the market economy, providing a platform to compare policy experiences, seek answers to common problems, identify good practices, and coordinate domestic and international policies of its members. The majority of OECD members are high-income economies with a very high Human Development Index (HDI), and are regarded as developed countries. Their collective population is 1.38 billion. , the OECD member countries collectively comprised 62.2% of global nominal GDP (US$49.6 trillion) and 42.8% of global GDP ( Int$54.2 trillion) at purchasing power parity. The OECD is an official United Nations observer. In April 1948, ...
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Closed Shop
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulation ...
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Unfair Labor Practice (Japan)
An is discrimination by an employer in Japan against a worker who is associated with a union, or refusal by an employer to negotiate with a trade union, or interference in the activities of a union. Unfair labor practices are defined under Article 7 of the 1949 . They are ruled on by Labour Relations Commissions. Trade Union Act Article 7 The employer shall not commit the acts listed in any of the following items: (i) to discharge or otherwise treat in a disadvantageous manner a worker by reason of such worker's being a member of a labor union, having tried to join or organize a labor union, or having performed justifiable acts of a labor union; or to make it a condition of employment that the worker shall not join or shall withdraw from a labor union. However, where a labor union represents a majority of workers employed at a particular factory or workplace, this shall not preclude an employer from concluding a collective agreement which requires, as a condition of employment, t ...
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Trade Union Act Of 1949
The is a Japanese law. It was enacted on 1 June 1949 to provide the right for workers to organize in Japan. It has been translated as the "Trade Union Law" and "Labor Union Law". Historical origins Pre-war Trade Union bills After the First World War there were many attempts to establish a trade union law to protect the rights of workers to organize themselves, including a Department of Home Affairs bill in 1925, which would have prevented employers from discharging workers for belonging to a union, or requiring workers to quit (or not join) a union. But these bills never became law. The Potsdam Declaration As the Second World War was nearing its end, on 26 July 1945, Allied leaders Winston Churchill, Harry S Truman, and Chiang Kai-shek issued the Potsdam Declaration, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Occupied Japan, Allied occupation: "The Japanese government shall remove all obstacles to the re ...
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Japanese Constitution
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution replaced the Meiji Constitution of 1890 when it came into effect on 3 May 1947. The constitution provides for a parliamentary system of government and guarantees certain fundamental rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new charter the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people. The constitution, also known as the MacArthur Constitution, , or the , was drafted under the supervision of Douglas MacArthur, the Supreme Commander for the Allied Powers, during the Allied occupation of Japan after World War II. Japanese scholars reviewed and modifi ...
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