A comparative study on workers' representatives: from the view of the new development of German system of collective autonomie

2015 Fiscal Year Final Research Report

• Project/Area Number: 26780030
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Social law
• Research Institution: Tohoku University
• Principal Investigator: KUWAMURA YUMIKO 東北大学, 法学(政治学)研究科(研究院), 准教授 (70376391)
• Project Period (FY): 2014-04-01 – 2016-03-31
• Keywords: 労働組合 / 従業員代表 / 集団的労働条件決定 / 協約自治 / ドイツ労働協約制度 / 協約単一原則

Outline of Final Research Achievements

This is a comparative study on the collective establishment of working conditions by analysing the new development of the German system of collective autonomie. In Germany, trade unions have been enabled to derogate from many statutory regulations. This is because German trade unions are generally established at an industrial level and each of these can set a norm like a statutory regulation. In addition, the principle "one establishment - one collective agreement" which means that only one collective agreement can be applied to one establishment in an enterprise, is advantageous to industrial unions. As the result, industrial unions could maintain the big power in collective bargaining. However, the principle above was abolished in 2010 und then, the State tends to intervene in collective autonomie. Therefore, not only the formal status of an actor of collective negociations, but also its real function should be considered in constructing a Labour Law system in Japan.

Free Research Field

労働法