2005 Fiscal Year Final Research Report Summary
The Changes in Enterprise Organization and Labor Law in Japan
| Project/Area Number |
15530045
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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 | Waseda University |
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Principal Investigator |
ISHIDA Makoto Waseda University, Law School, Professor (80114370)
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| Project Period (FY) |
2003 – 2005
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| Keywords | Labor Law / Labor Supply Contract / Enterprise Organization / Diversification of Employment / 労務供給契約 |
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| Research Abstract |
First of all, guaranteeing workers employment in modern enterprise organizations requires surmounting the barrier of corporate status. Now that many enterprises are forming enterprise groups, the honest perception among those on the scene is that workers and employees have a feeling of a clearly defined inside and outside and they create boundaries for the enterprise that transcend formal corporate status. Already proposals have been made for legal principles in employment assurance in group units and theory on de facto single enterprise, but the focus is on legally elucidating what it is that transcends formal corporate status and defines the scope of an enterprise organization.
Second, diversification of labor supply contracts in modern enterprise organizations necessitates a theory that transcends conventional contract of employment theory. As noted, changes of enterprise organizations have promoted diversification in the labor supply contracts of members composing those organizations, so this means that diverse labor supply contracts are being implemented in the venue of enterprise organizations, such labor supply contracts would take on the aspect of organization type contracts, not one-time single market-type contracts.
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