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Labour Relations Adjustment Law

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.