LRAL
Trade Union Law
Chapter
I. General Provisions
Purpose:
Article l. 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 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.
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. Unless the trade union has submitted evidence to the Labour
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 Labour Practices:
Article 7. 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 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).
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. 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. A trade union which has received certification by the Labour
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. 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. 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 labour 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 labour
contract shall be governed by the provisions of the standards. With respect
to matters as to which the individual labour contract certains 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. 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 Labour or the prefectural 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 Labour 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 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.
4. In the event the Minister of Labour or the prefectural 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 Labour or
the prefectural 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 Prefectural Labour Standards Office concerning the
portion of the collective agreement relating to wages. In such a case,
the Chief of the Prefectural Labour Standards Office, prior to presenting
his or her opinion, shall obtain the opinion of the Local Minimum Wages
Council.
Chapter
IV. Labour Relations Commissions
Labour Relations Commissions:
Article 19. Labour 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 "labour members") and persons representing the
public interest (hereinafter referred to as "public members").
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.
Central Labour Relations Commission:
Article 19-2. The Central Labour Relations Commission shall be under the
jurisdiction of the Minister of Labour.
Appointment of the Members of the Central
Labour Relations Commission, etc:
Article 19-3. The Central Labour Relations Commission shall be composed
of thirteen employer members, thirteen labour 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
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.
Ineligibility of Members:
Article 19-4. 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. 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. 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. 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 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.
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 Labour Relations
Commission:
Article 19-9. The Central Labour 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 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.
Local Members for Adjustment:
Article 19-10. The Central Labour 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 Labour 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 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".
Executive Office of the Central Labour
Relations Commission:
Article 19-11. An Executive Office shall be established in the Central
Labour 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 Labour 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 Labour Relations Commissions:
Article 19-12. The Prefectural Labour Relations Commissions shall be established
by the prefectures.
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
such members in a Prefectural Labour Relations Commission containing five
public members"; "the Prime Minister" in Article 19-7,
Paragraph 2 shall be read as "the prefectural governor"; "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
Prefectural Labour Relations Commission"; "the Prime Minister"
in paragraph 3 of the same Article shall be read as "the prefectural
governor"; "an employer member or a labour member" in the
same paragraph shall be read as "a member of the Local Labour Relations
Commission"; "the Minister of Labour" 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.
Labour Relations Commission for Seafarers:
Article 19-13. 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 Labour Relations Commission, the Prefectural Labour Relations
Commission, the Minister of Labour and the prefectural governors as provided
for in this Law shall be performed, respectively, by the Central Labour
Relations Commission for, Seafarers, the Local Labour 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
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.
Authority of the Labour Relations Commissions:
Article 20. In addition to those matters pursuant to the provisions of
Articles 5, 11, 18 and 27, the Labour Relations Commissions shall have
authority to perform conciliation, mediation and arbitration of Labour
disputes.
Meetings:
Article 21. When a Labour Relations Commission deems it necessary for
the public welfare, its meetings may be made public.
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.
Authority for Compulsion:
Article 22. When a Labour Relations Commission deems it necessary for
carrying out its work, the Labour 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 Labour 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 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.
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 Labour 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 Labour Relations Commission.
Authorities Which Is Carried Out Only
by Public Members:
Article 24. Only the public members of a Labour Relations Commission shall
participate in the disposition of cases arising under Articles 5, 7, 11
and 27 hereof and under Article 42 of the Labour Relations Adjustment
Law; provided, however, that this shall not preclude employer members
and labour members from participating in hearings held prior to a decision.
2. The
Central Labour Relations Commission may have
public members in full - time positions investigate conditions of labour
relations of employees of the national enterprises and other matters deemed
necessary for dealing with the business of the Central Labour Relations
Commission, in addition to matters relating to cases pending before the
Central Labour Relations Commission.
Authority of the Central Labour Relations
Commission:
Article 25. The Central Labour 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 Labour
Relations Adjustment Law.
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
issues of national importance.
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
officio.
Authority to Establish Rules:
Article 26. The Central Labour Relations Commission shall have authority
to formulate and promulgate rules of procedure for the Local Labour Relations
Commission, as well as rules of procedure for its own proceedings.
Orders, etc., of the Labour Relations
Commission:
Article 27. When a complaint that an employer has violated the provisions
of Article 7 is received, the Labour 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 Labour
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 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.
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 Labour 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 Labour Relations Commission.
Chapter
V. Penalties
Article 28. In the event of a violation of an order of the Labour 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 labour 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 Labour 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
