| Co-Investigator(Renkei-kenkyūsha) |
YOROI Takanori 龍谷大学, 法務研究科, 教授 (40066717)
NISHITANI Satoshi 近畿大学, 法務研究科, 教授 (70047314)
WAKITA Shigeru 龍谷大学, 法学部, 教授 (50128691)
NODA Susumu 九州大学, 法学研究科, 教授 (90144419)
TOUNAI Kazuhiro 岡山大学, 人文社会科学研究科, 教授 (70155498)
NAKO Michitaka 金沢大学, 法務研究科, 教授 (80172568)
FURUKAWA Youji 大東文化大学, 法学部, 教授 (10199432)
NAKAKUBO Hiroya 一橋大学, 国際企業戦略研究科, 教授 (90134436)
YONEZU Takashi 中央大学, 法務研究科, 教授 (30275002)
ARITA Kenji 専修大学, 法学部, 教授 (50232062)
KAWAGUCHI Miki 関西大学, 法務研究科, 教授 (30224752)
OKUDA Kaoko 京都府立大学, 福祉社会学部, 准教授 (10249378)
NAKAUCHI Satoshi 熊本大学, 法学部, 教授 (70295856)
OGATA Keiko 広島大学, 法務研究科, 准教授 (70335834)
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| Research Abstract |
This research was devised with the objective of mapping out transitions in the labour market, employment, legislative policy, and labour law since the 1980s(particularly since the 1990s), as well as pursuing a new organisational principle for future development. During the last four years, the principal investigator, co-investigators, and research collaborators have published four books(Wada, Hajime, The Guarantee of Human Rights and Labour Law<in Japanese>(2008), Karatsu, Hiroshi, The Legal Theory of Labour Contracts and Rules of Employment<in Japanese>(2010), Tonai, Kazuhiro, Germany's Employee Representation System and Law<in Japanese>(2010), Nishitani, Satoshi and Itaru Nemoto, Labour Contracts and Law<in Japanese>(2011)). In addition, the research group has published over one hundred articles in journals, given five presentations at academic conferences, and held five international symposia(Japan-Germany, twice ; Japan-South Korea, three times).
During the final year of the project
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the research group has focused, in particular, on the consolidation of research results achieved thus far:
(a) Systematic research has been conducted on the Worker Dispatch Law with a view to publication in autumn 2012. Individual topics of research comprise, 1) analysis of the enactment and amendment process pertaining to the Law, 2) analysis of cases and court precedents ; 3) examination of fundamental problems inherent in the Law and ; 4) analysis of comparative law. At this stage, approximately eighty percent of the work is complete.
(b) The succession of Supreme Court precedents concerning the legal concept of employer and unfair labour practices have been examined. This research corresponds to the theme of organisational change in enterprises and issues in labour law.
(c) In relation to the theme of shifting labour-management relations and issues in labour law, research has been conducted on changes in national public service labour relations, currently a topic of debate in the Diet. The results of this research have been made public in Rodo Horitsu Junpo and Horitsu Jiho. With respect to the latter journal, in particular, this article constitutes a rare case of the issue being tackled inclusively and comprehensively.
Theoretical results generated by the above research comprise, 1) an examination of the impact of labour law's deregulation policy on the labour market and employment, and a proposal as to the direction that the construction of a new safety-net could take ; 2) with regard the non-regular employment policy, an investigation of countermeasures, albeit focused primarily on dispatch workers, from the perspective of equality and social inclusion ; 3) a clarification of interpretative and theoretical problems evident in the Labour Contract Act of 2007 and ; 4) the routing of new developments in the Equal Opportunity Act. With respect to the research plan that was initially set, significant results have been achieved. Less
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