| Co-Investigator(Kenkyū-buntansha) |
MOTOHISA Yoichi Otaru University of Commerce, Department of Commerce, Assistant Professor, 商学部, 助教授 (20257190)
TAKEI Hiroshi Kokugakuin University, Faculty of Law, Professor, 法学部, 教授 (80226985)
ISHIDA Makoto Waseda University, Graduate School of Law, Professor, 法学部, 教授 (80114370)
IEDA Aiko Sapporo Gakuin University, School of Law, Assistant Professor, 法学部, 助教授 (70316230)
YANO Masahiro University of Ryukyus, Faculty of Law and Letters, Assistant Professor, 法文学部, 助教授 (50253943)
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| Research Abstract |
In response to a considerable shift in the economic situation since the 1990s, Japanese enterprises have actively embarked upon organisational restructuring. This research aims to analyze the background and current state of organisational restructuring, as well as its influence on labor law. The research has been conducted over a three-year period, and has focused on issues involving a) the transfer of businesses, mergers, split of enterprise, succession of labor contracts, b) economic dismissals, and c) principles in labor contract law, as affected by enterprise reorganisation.
The research basically consists of the following five components :
1. An account of a) the background to enterprise restructuring and, b) enterprise reorganisation theory, in conjunction with the identification of pertinent issues in labor law. In short, a general outline to the research topic.
2. A comparative study of relevant EU, German, French, and United Kingdom laws. Although Europe reacted promptly to the i
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ssue of enterprise restructuring and its effects on labor law, such comparative research has hitherto not consisted an area of focus.
3. An analysis of theories and judicial precedents on the transfer of businesses and succession of labor contracts, resulting in the development of a hypothesis.
4. With regard to the introduction of the enterprise patitionaising system and attendant problems in labor law, a critical study of draft laws and systematic examination of existing interpretations of statutory law.
5. Miscellaneous problems, such as Changes in working conditions, have arisen from enterprise restructuring. With respect to economic dismissal, the most serious of these, a critical study, as well as reconstruction, of case law and relevant revisionist theory is offered.
Through the above research, a comprehensive analysis of enterprise restructuring and labor is presented. Included in the enclosed 'Report of Research Results' (pamphlet), are my principal research achievements over the past three years, which lead this academic field. Less
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