2004 Fiscal Year Final Research Report Summary
Legal research on interest adjustment system of personal enterprise
| Project/Area Number |
14520071
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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 | KYOTO UNIVERSITY |
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Principal Investigator |
MURANAKA Takashi KYOTO UNIVERSITY, Graduate School of Law, Professor, 法学研究科, 教授 (80210053)
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| Co-Investigator(Kenkyū-buntansha) |
NISHIMURA Kenichiro KYOTO UNIVERSITY, Graduate School of Law, Professor, 法学研究科, 教授 (00025157)
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| Project Period (FY) |
2002 – 2004
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| Keywords | personal enterprise / independent worker / labor law / trade union / collective labor relationship / medium and small-sized business |
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| Research Abstract |
Contents and forms of labor are changing with technological innovation. The labor, that was, conventionally, done collectively based on a directive order in a form of the employment, becomes increasingly independent. For such a personal enterprise, a special interests adjustment system such as in a case of workers is not prepared. But a principle of business freedom can bring various problems that result from unfairness when degree of dependent on a specific company is strong.
About such a personal enterprise, it can be thought, to organize a group same as in a case of workers, and to give this a right to negotiate collectively. But this idea is not adequate, because this system does not function even about dependent workers. It is better, that official institutions such as the court or labor inspections deal with interest conflicts about the personal enterprise and realize fair contents of contract.
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