1998 Fiscal Year Final Research Report Summary
| Project/Area Number |
09620050
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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 | KUSHIRO PUBLIC UNIVERSITY OF ECONOMICS |
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Principal Investigator |
KAMATA Koichi KUSHIRO PUBLIC UNIVERSITY OF ECONOMICS,ECONOMICS,PROFESSOR, 経済学部, 教授 (30204605)
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| Co-Investigator(Kenkyū-buntansha) |
SIRAI Kumihiko KUSHIRO PUBLIC UNVIERSITY OF ECONOMICS,ECONOMICS,ASSOCIATE PROFESSOR, 経済学部, 講師 (20305246)
YOSHIMURA Rinpei NARA SANGYO UNIVERSITY,ECONOMICS,ASSOCIATE PROFESSOR, 経済学部, 助教授 (50274949)
SHOUJI Yukihiko KUSHIRO PUBLIC UNIVERSITY OF ECONOMICS,ECONOMICS,ASSOCIATE PROFESSOR, 経済学部, 助教授 (80171023)
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| Project Period (FY) |
1997 – 1998
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| Keywords | CONTRACT LABOUR / OUTSOURCING / LABOUR ONLY SUB-CONTRACTING / CONTRACT WORKER / TEMPORARY WORK AGENCY / SELF-EMPLOYED / INDEPENDENT CONTRACTOR / DEPENDENT CONTRACTOR |
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| Research Abstract |
"Contract Labour" is becoming a prominent issue in different countries. Concerns about abuse of contract labor are repeatedly expressed. User enterprise seems to use contract labor in order to avoid a legal responsibility as an employer.
According to the proposed convention of the International Labor Organization, we define the term "contract Labour" as "work performed for an individual or company (user enterprise) by a person (contract worker) under conditions of dependency on, or subordination to, the user enterprise similar to those that characterize an employment relationship under national law and practice, but where the contract worker is not the employee of the user enterprise".
We divide the concept into three situations. The first is the situation between a user enterprise and contract worker where the contract worker performs work in the position of economic dependency similar to a formal employee without an employment contract. The second is the situation among three persons w
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here an intermediary makes contract workers available to a user enterprise without becoming the employer of these workers. The third is the situation among three persons where the subcontractor undertakes to have work performed for a user enterprise and the contract worker is an employee of the subcontractor.
Legal problems concerning Contract Labor are (l)which workers are in need of protection, and (2)appropriate ways in which such workers can be protected, taking the various situations into account. I give four examples of contract workers to be protected in Japan, a worker who undertakes to sell merchandise of a user enterprise, a truck driver who owns his equipment, a programmer who works alongside a computer employee, and an employee of subcontractor in manufacture. The main problems involving Contract Labor in Japan occurs in relation to compensation in case of employment injury or occupational accident, payment of amount owed to the worker, and payment of social insurance contribution. Less
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