2007 Fiscal Year Final Research Report Summary
On the legal theory of conlract of labor and the equalrights
| Project/Area Number |
17530045
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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 | Nagoya University |
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Principal Investigator |
WADA Hajime Nagoya University, Graduate School of Law, Professor (30158703)
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| Project Period (FY) |
2005 – 2007
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| Keywords | equal treatment / diversity of employment / part-time labor / labor contract law / reconstruction of labor law / work-life-balance |
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| Research Abstract |
This research, theoretical in nature, was undertaken to develop a treatise on the legislation of Labor Contract Law. A research plan was formulated and successfully implemented which proposed, first, to elucidate the concepts of worker and employer and analyze the legal personality of labor contracts, and then to examine the theory of rights and obligations, focusing in particular on the right to equality. The achievements of this research comprise1) an analysis of the reconstruction of Labor Law and identification of future issues,2) an examination of Labor Contract Law,3) a study on employment diversification and the right to equality, and4)an investigation into equality in employment.
Although theme1) was not originally included as a topic in the research plan, it was hastily incorporated after being recognized as both fundamental and indispensable to the achievement of the project. In addition to tracking the reconstruction process occurring in Labor Law since the 1990s, this section clarifies the direction taken by, as well as problems inherent in the reconstruction. The content of2) makes proposals for legislation and, following the enactment of the Labor Contract Law, investigates problems of interpretation. Emphasis is placed on the concepts of worker, employer, and the relevant Law. Topic3) examines the Part-time Work Law, as amended in 2007, and reveals the significance of, as well as problems generated by the Law's amendment. Finally, topic4) presents research on the legality of employment discrimination evident in the dual-track system. In evaluating this project, the analysis of the theoretical framework of Labour Contract Law may be considered somewhat weak. However, research on the other topics was largely accomplished according to plan, and the desired outcome achieved.
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Research Products
(22 results)
