Comparative Study on the order of the public service system in both spheres of public law and private law

2015 Fiscal Year Final Research Report

• Project/Area Number: 23530028
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Chiba University (2013-2015); University of Tsukuba (2011-2012)
• Principal Investigator: SHIMOI Yasushi 千葉大学, 専門法務研究科, 教授 (80261262)
• Project Period (FY): 2011-04-28 – 2016-03-31
• Keywords: 公務員法 / 公法的規律 / 行政組織法 / フランス公務員法 / 私法的規律 / 勤務条件法定主義 / 労働基本権 / 協約締結権

Outline of Final Research Achievements

Public employees are servants of all citizens. Their working conditions must be provided for in national law or prefectural/municipal ordinances( order by public law ). It is a requirement of Constitution. On the other hand, most public employees are workers. They must be guaranteed basic labor rights, especially a right to participate in concluding a collective agreement( order by private law ). It is a requirement of Constitution, too. For the purpose of reconciling these two requirements, it's probable to comprehend that a relation between public employees and administration is a contractual relation, to classify working conditions of public employees in matters that are necessary to establish it by a law, matters that are optional to establish it by a law and matters that are require to conclure collective agreements or ,in reference to French law, to systematize a labor‐management council or an institution of collective agreements which assume only obligation to performer.

Free Research Field

社会科学