個別労働紛争の考察 Considering Individual Labor

個別労働紛争の考察
Considering Individual Labor Disputes
スライドは英語で、話は日本語です
ENDO,Koshi
Meiji University
[email protected]
June 4, 2006
Individual Labor Disputes(ILDs)

Japanese definition:
Labor disputes breaking out between
individual workers and employers,
being usually independent from
mainstream large private enterprisebased unions
ILDconsidering
2
ILDs are popular now in some of
the developed countries


Rapid increase in Japan, UK and US
(Australia and New Zealand ?)
Increase or high level in Germany and
France
ILDconsidering
3
Law of 2001 in Japan and ILDs



Giving public service of consultation on all
labor issues to employees and employers
Recognizing ILDs among them
Giving opportunity of mediation and
official advice to ILD parties only if both
parties agree to go
ILDconsidering
4
Quasi number of cases: Tokyo
Metropolitan Government




Long history of consultation
Independent from Law of 2001
Decrease of union settings, BUT still….
Increase of women complainer
ILDconsidering
5
Number of cases in the UK


ACAS (Advisory, Conciliation and
Arbitration Service) 1975IT (Industrial Tribunal) 1964-1996
ET (Employment Tribunal) 1996-
ILDconsidering
6
Number of cases in Germany and
France


Arbeitsgericht 1926Conseil de prud’hommes 1806(!)-
ILDconsidering
7
Why of increasing ILDs?


Answer 1:
Increasing labor issues
that trade unions are not good at being
involved in and dealing with.
ex. individual working condition, unfair
dismissal, employment discrimination
ILDconsidering
8
Unions know their poorness:
Labors’ “Legal Mobilization”


UK and US: coming to use IT(ET) or civil
courts in contrast with losing union power.
Germany and France: long compatibility
between unions and labor courts
ILDconsidering
9
In the case of the UK Unions




Legal assistance service is regarded as
powerful tool of recruitment and retention
of union members by all unions.
Members think it the second important
reason why they continue to be members.
Background: Industrial disease claim?
…..And German unions….
ILDconsidering
10
Mainstream large private
enterprise-based unions in Japan
do not know their poorness and
do not like to use legal system


Excessive reliance on “Voluntarism”?
What about relationship of union
members to unions?
ILDconsidering
11
Not a few claimants are
“employees from unionized
institution of business.”



They were 25.6 % of applicants for mediation,
and 29.6% of applicants for official advice, under
the Law of 2001 in FY2005.
Distrust of enterprise-based unions by union
members. Sato(2000) Fukui(2003)
Some members are supposed to be applicants
independently from their unions.
ILDconsidering
12
Note 1: Union shop agreement

No care of member recruitment and
retention, because more than 70% of
enterprise-based unions enjoy the union
shop agreement, which is still legal in
Japan.
ILDconsidering
13
Note 2: Unequal union
distribution in the private sector


Enterprise-based unions are concentrated
into the large firms, decreasing in every
size of firm.
Not-enterprise-based unions, such as
“Godo-roso”s or unions of individually
enrolled workers, are increasing.
ILDconsidering
14
Why of increasing ILDs?



Answer 2: Shift from “Job Control
Industrial Relations” to “Gift Exchange
Industrial Relations” in many countries.
Mainstream large private enterprise-based
unions in Japan are leading the world in it.
Answer 1 accelerated by Answer 2.
ILDconsidering
15
Looking back at….
ILDs have been popular
independently from mainstream
unions since the 1950’s.


1) “Godo-roso”
2) Various issues filed with civil courts,
which have been often ignored by
industrial relation researchers
ILDconsidering
16
“Godo-roso,” the late 1950s


A kind of general unions organizing
employees individually working with
different firms.
“Shelter” function for non-union
complainers, different from UK unions’.
Transforming ILDs to CLDs.
ILDconsidering
17
Labor plaintiffs and organizations
of their supporters= labor NPOs




“Red Purge” victims (’50s)
Workers discriminated against due to their
political belief. (’ 60s)
Survivors of “Karoshi” workers or
workers killed by overwork. (’ 80s)
Women workers. (’ 80s)
ILDconsidering
18
“Kojin-kamei union,” or
community union




“ New Model” of “Godo-roso” since the
1990’s
Atypical workers targeted
Membership sometimes limited to women,
youth, the disabled, foreigners…..
Term “union” symbolizes “ New Model.”
ILDconsidering
19
“New Model” of labor NPOs
developing in various fields since
the 1990’s




Legal mobilization
Medical and life assistance
Social movement
Networking each other
ILDconsidering
20
Working Women’s Network
(WWN) in legal mobilization




Network of women plaintiffs & supporters
Using internet
International and domestic lobbing for
EEO law revision through UN, ILO and
Diet in Japan
Activities independent from but
cooperative with many political parties
ILDconsidering
21
What hopes in ILDs in Japan?
Labors’view



“Kojin-kamei unions” though very small.
New labor NPOs though very small.
Much more support of established
enterprise-based unions to the aboves
though not friendly.
ILDconsidering
22
New industrial court system,
2006, a touchstone for Labors?




How much can labors utilize it?
Who represents the worker applicant?
Lawyers may not be so appropriate.
Should be open to the public
Still big problem: burden of legal cost
ILDconsidering
23
Hard time for Labors




“Market” is said to be the most excellent
invention by human beings.
“Trade Union” may have been the most
excellent invention by workers to regulate
“Labor Market.”
But, “Trade Union” is deteriorating now.
New way to be tried to find.
ILDconsidering
24

Download Report