are
Japanese government commissions responsible for protecting the legal rights of workers in Japan under the
Constitution of Japan
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 constitutio ...
and the
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 Wo ...
.
Structure
Each of the 47
prefectures of Japan
Japan is divided into 47 prefectures (, ''todōfuken'', ), which rank immediately below the national government and form the country's first level of jurisdiction and administrative division. They include 43 prefectures proper (, ''ken''), two ...
has a prefectural Labour Relations Commission. The Central Labour Relations Commission is located in Tokyo. Parties dissatisfied with a decision in one of the prefectural labour commissions can appeal the Central Labour Commission. It also hears cases of nationwide scale or great importance.
Commissioners
Commissioners of the prefectural Labour Relations Commissions are appointed by the governor of the relevant prefecture, while those at the Central Labour Commission are appointed by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
. Commissioner numbers are distributed equally among commissioners from union, employer, and public interest backgrounds.
Functions
Labour Relations Commissions have two main functions:
# Making administrative decisions (such as deciding
unfair labour practices)
# Adjusting labour relations (bringing together disputing parties)
While the labour commissions do have some powers to enforce decisions, they function more as forums to bring disputing parties together. More than 70% of cases end in some form of settlement.
Length of cases
According to the labour ministry, from 1996 to 1999, the prefectural labour commissions took around 800 days on average to investigate a case, and the Central Labour Relations Commission spent 1,500 days in the reinvestigation process. It took roughly 500 days on average to litigate labour dispute trials brought before district courts. In 2003, various reforms were discussed to speed up the process of cases. In 2005, the
Trade Union Act was amended to speed up the process of labour commission cases.
Central Labour Relations Commission
In 2008, during the administration of
Liberal Democratic Party Prime Minister
Tarō Asō
is a Japanese politician serving as the Vice President of the Liberal Democratic Party (LDP) since 2021. Asō previously served as Prime Minister of Japan from 2008 to 2009 and as Deputy Prime Minister of Japan and Minister of Finance from 2 ...
the government's
devolution panel recommended abolishing the Central Labour Relations Commission and only retaining the prefectural labour relations commissions. The proposal was not adopted.
Examples
The
National Railway Workers' Union
The is a Japanese trade union, which is usually referred to as in Japanese. Historically, Kokurō represented many of the workers who worked for Japanese National Railways (JNR), from which the union derived its name. For several decades in th ...
(Kokuro) affiliated to the
National Trade Union Council (Zenrokyo) has filed many labour relations commission cases against
JR East regarding various types of
unfair labour practices.
A group of 23 petitions filed after 1991 alleged that 1,800 union members in six prefectures had been discriminated against in violation of article seven of the
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 Wo ...
. Local labour relations commissions recognized discrimination in three prefectures, (Kanagawa, Tokyo and Akita) and an order for redress was issued. The company appealed this to the Central Labour Relations Commission in Tokyo. The Central Labour Relations Commission brokered a deal, and in 2005, Kokuro withdrew the 23 cases claiming anti-union discrimination against its members. In return the company paid compensation estimated at 360 million yen.
[The Japan Time]
JR East settles Kokuro wage discrimination row. November 9, 2005
Retrieved on August 2, 2012
External links
Central Labour Relations Commission
References
{{Authority control
Government agencies of Japan
Industrial agreements
Labor relations boards
Labor relations in Asia