2010 Fiscal Year Final Research Report
Comparative study of the law on employers' responsibility for employment and damages in consideration of corporate restructuring
| Project/Area Number |
20530052
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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 | Hokkai-Gakuen University |
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Principal Investigator |
FUMITO Komiya Hokkai-Gakuen University, 法学部, 教授 (10145980)
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| Co-Investigator(Renkei-kenkyūsha) |
YOICHI Motohisa 國學院大學, 法学部, 教授 (20257190)
ITARU Nemoto 大阪市立大学, 法学部, 教授 (60304135)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 労働法 / 企業再編・企業倒産 / 雇用終了 / イギリス・フランス・ドイツ |
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| Research Abstract |
In what conditions and how the employer shall have legal responsibility for the employee's loss of employment is a fundamental question for the regulation of employment termination. However, in Japan, those have been not necessarily clarified in a systematic manner by either courts or academic theories partly because the employer is sometimes replaced by another employer during the process of corporate restructuring. This research founds that the legislative action is indispensable to promote employees' protection. For example, the enactment of legislation is necessary to enable the employee to choose his preferred employer at the time of corporate restructuring. It also founds that it is necessary to establish the effective rule of compensatory remedy in order to resolve disputes on dismissal and forced resignation especially in the process of corporate restructuring.
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