OKUNO Hisashi Lecturer, Graduate School of Law and Politics, The University of Tokyo, 大学院・法学政治学研究科, 講師 (10313058)
ARAKI Takashi Professor, Graduate School of Law and Politics, The University of Tokyo, 大学院・法学政治学研究科, 教授 (60175966)
IWAMURA Masahiko Professor, Graduate School of Law and Politics, The University of Tokyo, 大学院・法学政治学研究科, 教授 (60125995)
|Budget Amount *help
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2002: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2001: ¥2,100,000 (Direct Cost: ¥2,100,000)
This research project, titled as "Employee Representation Systems in the Era of Individualization and Diversification of Workers", studied employee representation systems (trade unions as well as non-union employee representatives ('works councils')) in many countries and analyzed various models of employee representation systems. We examined characteristics of these models, and clarified the problems to be solved in order to improve employee representation systems in Japan.
We found out two representative models of employee representation, namely, the trade union model and the works councils model. The first model found in the United States. Under the exclusive representation system, a labor union supported by the majority of employees in the appropriate bargaining unit, acts as an exclusive representative of the employees in the unit. Germany represents the second model. Works councils in Germany (Betriebsrate), which are to be established in establishments (Betriebe), act as an emplo
yee representative. Comparing these two models, we have found that both systems have mechanisms for coordinating the differences in workers' interests, namely, the duty of fair representation in the U.S. and the proportional representation system in German works councils. We also have found that there are differences in them : in the U.S., on the one hand, in order to make sure their independence from employers, it is strictly prohibited to dominate, interfere and to give support to labor organizations ; and in Germany, on the other, the law itself mandates that employers must give appropriate support to the works councils in order for them to perform their part properly. In our view, their differences derive from the differences in their main purposes ; fulfillment of the interest of employees against that of employer in the U.S. and promotion of common interest of employer and employees in the enterprise as well as realization of employees' interest in Germany.
Based on the findings above, we concluded that in order to improve employee representation system in Japan, we must find out appropriate mechanisms of coordinating various interests of employees and must think about the relationship of employer and employee representative body (adversarial/cooperative) after due consideration of the purpose of that body. Less