| Project/Area Number |
09620046
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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 | The University of Tokyo |
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Principal Investigator |
SUGENO Kazuo The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40009808)
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| Co-Investigator(Kenkyū-buntansha) |
ARAKI Takashi The University of Tokyo, Graduate School of Law and Politics, Associate Professo, 大学院・法学政治学研究科, 助教授 (60175966)
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| Project Period (FY) |
1997 – 1998
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| Project Status |
Completed (Fiscal Year 1998)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 1998: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1997: ¥2,200,000 (Direct Cost: ¥2,200,000)
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| Keywords | Employment discrimination / Union rights / Internationalization |
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| Research Abstract |
This research project deals with the issue of "Harmonization of Labor Law in the Era of Globalized Economy". We focused on the two major fields : discrimination law and union rights.
As for the harmonization of discrimination law, Sugeno, who was appointed a general reporter on employment discrimination, studied 20 national reports submitted to the XVth World Congress of International Society for Labor Law and Social Security held in Buenos Aires in 1997. The result of our research was presented to the world congress as a general report and established a ground for discussion. Our project clarified the two different approaches towards the complicated issues of discrimination law. Needless to say, direct discrimination is an issue of human rights and thus we can conceive universal agreement on it. However, how to deal with indirect discrimination or age discrimination differs from country to country. Some regard it as human rights issue and other regard it as issues of employment policy. This perspective to analyze discrimination issues is one of the most important contributions of out project.
Concerning the union rights issue, we approached from the following perspectives : relationship between the role of labor law and degree of industrialization ; centralized versus de-centralized industrial relations ; and adversary versus cooperative approach. Applying this analytical framework, we distinguished four industrial relations models : American model, European model, Scandinavian model and Japanese model. We suggest one of common features in labor law policies found in Asian countries is to attempt to adopt decentralized and cooperative model. However the method to reach that model differs greatly. In Japan, that model was established in the course of trial and error whereas underdeveloped countries seem to compel the model by law.
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