The Contract of "Louage de Service" in Japanese former Civil Law.
| Project/Area Number |
10620050
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | KYUSHU UNIVERSITY |
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Principal Investigator |
NODA Susumu Kyushu University, Graduate School of Law, Professor, 大学院・法学研究院, 教授 (90144419)
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| Project Period (FY) |
1998 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥2,300,000 (Direct Cost: ¥2,300,000)
Fiscal Year 2000: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1999: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1998: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Keywords | contract of labor / employment / former Civil Law / Enterprise / Statute / transfer of worker / modification of labor conditions / abuse of the right to discharge / 労働時間 / 賃金形態 / 時間外労働 / 割増賃金 / 歩増 / 雇用 / フランス / 労働法典 / 解雇 / 労働基準法 / 終身雇用 |
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| Research Abstract |
The puroses of this research are to make clear the development and the characteristics of "Contract of Employment" in Japanese Civil Law, by comparative studies with the "Contrat de Louage de Service" in French law. After three years research, we have got several results, as follow :
First of all, we have investigated the meanings of the Contract of Empolyment in former Civil Law Bill and the influences of French Civil Law in the provisions of this Bill. And we have tried to clarify the development of Japanese Contract of Empolyment by the analysis of the labor conditions regulations, particularly the regulation of the working hours for woman and child workers(Japanese Factory Law enacted in 1911 and the other regulations).
Secondly, we have paied attention on the "Theorie Statutaire" which characterizes the French theory of the lobour contract in the eaply years. By contrasting with this theory, it is possible to make clear the special points of the individual agreement of the Japanese labor contract. For example, in Japan, we tend to neglect the compulsory power of the agreement by admiting easily the interpretation of the comprehensive-"stillschweigende" agreement. We have criticized several tribunal decisions which have these tendencies, related to the transfer and the discharge of the workers.
At last, the "Enterprise Theory" is the most important feature of the French and German theory of the Labor Contract. They have contributed to the protective theory and legislation, by incorporating the "enterprise theory" in the labor contract theory. On the contrary, Japanese theory of labor contract has continued to refuse the "Enterprise Theory", and this distrust to the enterprise has been an obstacle to the development of the dismissal protective theory. Now, it is necessary to reconstruct the dismissal theory by the idea of "Enterprise" concept.
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Report
(4 results)
Research Products
(25 results)
