1997 Fiscal Year Final Research Report Summary
Decline of organizationsrate of trade unions and labor law
| Project/Area Number |
07620040
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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 | KYOTO UNIVERSITY |
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Principal Investigator |
MURANAKA Takashi Kyoto University, Faculty of Law, Professor, 大学院・法学研究科, 教授 (80210053)
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| Project Period (FY) |
1995 – 1997
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| Keywords | labor law / trade union / labor contract / collective agreement / works rule / trade dispute / employment contract / labor commission |
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| Research Abstract |
The root premise of labor law is that collective governance should be substituted for individual autonomy. If collective governance fails, there is no alternative way to find proper terms and conditions of employment contract. This picture is very close to what is happening in Japan. Therefore this research aims at finding other ways to find terms and conditions, which are fair and reasonable. There are three problems to be discussed, re-establishment of collective labor relations, re-invention of individual labor law and re-construction of disputes resolution system.
Re-establishment of collective labor relations can give rise to many problems. Individual labor law may be preferable. For these purposes a codification of law of employment contract should be pursued. Although it is very difficult to find fair terms and conditions, case law can provide such terms and conditions. However it must take nature of employment contract into consideration, and courts should be more accessible.
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