| Project/Area Number |
11620056
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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 | University of Tokyo |
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Principal Investigator |
SUGENO Kazuo (2000) University of Tokyo, Faculty of Law, Professor, 大学院・法学政治学研究科, 教授 (40009808)
荒木 尚志 (1999) 東京大学, 大学院・法学政治学研究科, 助教授 (60175966)
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| Co-Investigator(Kenkyū-buntansha) |
菅野 和夫 東京大学, 大学院・法学政治学研究科, 教授 (40009808)
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| Project Period (FY) |
1999 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥3,600,000 (Direct Cost: ¥3,600,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 1999: ¥2,300,000 (Direct Cost: ¥2,300,000)
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| Keywords | dispute resolution / employment / mobile employment |
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| Research Abstract |
The research project, "Diversified and mobile Employment and fairness in the labor market : In search of new legal norms and dispute resolution systems" was conducted in 1999 and 2000. This project focused on the following two aspects : First, how diversified and mobile employment affects the current employment system based on long-term employment practices, especially norms governing employment security and variation of terms and conditions of employment ; second, how to deal with increased employment djsputes caused by diversified and mobile employment.
Based on broader researches in 1999, the research in 2000 focused on more suggestive and informative comparative studies. The final report includes several proposals for future employment and labor market policies in Japan. The final report consists of the following chapters.
After describing overview of the project in the "Introduction", Chapter 1 analyzes employment systems in the USA, Germany and Japan, and clarifies how each employment system introduces or controls external labor market functions. Chapter 2 focuses on the issues of variation of terms and conditions of employment which gives internal flexibility to employment relations. Here it is pointed out that dismissal regulations require the norms and mechanisms to resolve dispute resolution concerning variation of terms and conditions of employment. Chapter 3 analyses administrative and judicial dispute resolution systems in Japan. Given the current discussion on full-scale revisions of judiciary system, this chapter proposes to introducing councilors from labor and management in the judicial procedures. They are expected to provide opinions based on their expertise on practices in labor and employment relations. Chapter 4 is written in English to analyze dispute resolution issues in Japan from a comparative perspective and to contribute to comparative discussions with foreign scholars. Finally "Conclusion" summarizes the project results.
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