Legnl Policy for Harmonizing Working Life with Family Life

1996 Fiscal Year Final Research Report Summary

• Project/Area Number: 07452007
• Research Category: Grant-in-Aid for Scientific Research (B)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Social law
• Research Institution: The University of Tokyo Graduate School of Law and Politics
• Principal Investigator: ARAKI Takashi UNIVERSITY OF TOKYO, 大学院・法学政治学研究科, 助教授 (60175966)
• Co-Investigator(Kenkyū-buntansha): IWAMURA Masahiko UNIVERSITY OF TOKYO (60125995) ; KUROKAWA Michiyo UNIVERSITY OF TOKYO (80234590)
• Project Period (FY): 1995 – 1996
• Keywords: Family Life / Working Life / Labor Law / Part-time work

Research Abstract

This research aimed at two purposes : 1)to analyze present situations concerning harmonization of working life with family life from the legal point of view ; and 2)to clarify the issues in terms of establishing legal policy in the future.
First, we analyzed current situations and legal issues of women workers in the Japanese labor market and legislative and administrative measures to cope with them. This analysis clarified the unique position of Japanese law adopted in the Equal Emual Employment Opportunity Law, such as unilateral protection for women workers and the so-called "duty to endeavor"to treat women workers equally with men workers.
Second, we analyzed situations in Sweden, France and Germany. From the comparative study, we confirmed two important measures for promoting harmonization of working life with family life : to provide appropriate support for those bearing burdens of family care, and to make employment relations themselves flexible.
Third, we analyzed legal precedents concerning harmonization of working and family life. Flexible deployment of employees through transfers causes difficulties for couples to continue their working career or compels them to live separately. Teikoku Zoki case dealing with this issue is analyzed in comparison with many precedents. Economic dismissal case of an employee who changed her full-time position to part-time one for the purpose of child birth and child care is also examined from the perspective of harmonization of working life and family life.
Finally, the report points out more concrete policy issues concerning the Equal Employment Opportunity Law, women protection in the Labor Standards Law, child and family care leaves, and part-time employment.