| Project/Area Number |
16330013
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | The University of Tokyo |
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Principal Investigator |
ARAKI Takashi Univ. of Tokyo, Graduate Schools of Law and Politics, Professor, 大学院法学政治学研究科, 助手 (60175966)
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| Co-Investigator(Kenkyū-buntansha) |
KUWAMURA Yumiko Univ. of Tokyo, Graduate Schools of Law and Politics, Research Associate, 大学院法学政治学研究科, 助手 (70376391)
TOMINAGA Koichi Univ. of Tokyo, Graduate Schools of Law and Politics, Research Associate, 大学院法学政治学研究科, 助手 (30436498)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥4,900,000 (Direct Cost: ¥4,900,000)
Fiscal Year 2006: ¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2005: ¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 2004: ¥1,800,000 (Direct Cost: ¥1,800,000)
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| Keywords | employment model / systems for establishing working conditions / Employment Contract Law / 労働契約 / 紛争処理 |
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| Research Abstract |
This project first examined the current developments of the employment contract laws in foreign countries (Germany, France, the UK, and the USA) focusing on how these laws accommodate themselves to the diversifying workforce and employment relations. Based upon the comparative research, this project discussed the content and the direction of the new legislation of the Employment Contract Law in Japan. It paid special attention to the interaction between the Employment Contract Law and dispute resolution systems.
Comparative studies in this project demonstrate that Germany distinguishes employment contract laws from labor protective laws whereas other countries do not have clear distinction between them. It is, however, confirms that the effectiveness of the dispute resolution systems plays key roles for the enforcement of the employment contract regulations in each country.
As for the deviation from the mandatory norms established by the state regulations, this project further examined the new developments in the German and French law. To reflect the diversified interests among the diversified workforce, it proposes to redress the current majority representation system in Japan.
Concerning the content of the Employment Contract Law, this project examined the current case law rules and arguments among scholars, and discussed the content of Employment Contract Law including issues such as employment security, ancillary duties of an employment contract, privacy protection, modification of terms and conditions of employment, hiring and probation, wages and unfavorable modification of wages, corporate reorganization and employment contract.
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