Trade Union Act of 1949
Encyclopedia
The is a Japanese law. It was enacted on 1 June, 1949 to provide the right for workers to organize in Japan
. It has been translated as the "Trade Union Law" and "Labor Union Law".
, Harry S Truman, and Chiang Kai-Shek
issued the Potsdam Declaration
, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation
: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech
, of religion
, and of thought, as well as respect for the fundamental human rights
shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history."
), and an overall membership of more than 130 members representing universities, corporations, political parties, the bureaucracy, social workers, and labor."
, which became law on 3 May 1947 includes article 28, which guarantees the right of workers to participate in a trade union.
Section 1 Establishment, Duties, and Matters under the Juristiction, Organizations, etc (Articles 19-26)
Section 2 Procedures for Examination of Cases of Unfair Labor Practices (Articles 27 - 27-19)
Section 3 Lawsuits (Articles 27-19 - 27-21)
.
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
. It has been translated as the "Trade Union Law" and "Labor Union Law".
Pre-war Trade Union bills
After the First World War one there were many attempts to establish a trade union law to protect the rights of workers to organize themselves, including a Department of Home Affairs bill in 1925, which would have prevented employers from discharging workers for belonging to a union, or requiring workers to quit (or not join) a union. But these bills never became law.The Potsdam Declaration
As the Second World War was nearing its end, on 26 July 1945, Allied leaders Winston ChurchillWinston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
, Harry S Truman, and Chiang Kai-Shek
Chiang Kai-shek
Chiang Kai-shek was a political and military leader of 20th century China. He is known as Jiǎng Jièshí or Jiǎng Zhōngzhèng in Mandarin....
issued the Potsdam Declaration
Potsdam Declaration
The Potsdam Declaration or the Proclamation Defining Terms for Japanese Surrender is a statement calling for the Surrender of Japan in World War II. On July 26, 1945, United States President Harry S...
, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation
Occupied Japan
At the end of World War II, Japan was occupied by the Allied Powers, led by the United States with contributions also from Australia, India, New Zealand and the United Kingdom. This foreign presence marked the first time in its history that the island nation had been occupied by a foreign power...
: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and of thought, as well as respect for the fundamental human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history."
1945 Trade Union Law
After the Japanese surrender on 15 August 1945, allied forces, mostly American, rapidly began arriving in Japan. Almost immediately, the occupiers began an intensive program of legal changes designed to democratize Japan. One action was to ensure the creation of a Trade Union law to allow for the first time workers to organize, strike, and bargain collectively, which was passed by the Diet of Japan on 22 December 1945.Drafting process
While the law was created while Japan was under occupation, the law itself was largely a Japanese work. It was put together by a large legal advisory commission headed by the legal scholar Suehiro Izutaro. The commission was quite large, consisting of "three Welfare ministry bureaucrats and two scholars, a steering committee of 30 members (including the communist firebrand Kyuichi TokudaKyuichi Tokuda
was a Japanese politician and first chairman of the Japanese Communist Party from 1945 until his death in 1953.-Some of the Writing of Kyuichi Tokuda :At Revolutionary Democracy - External links :...
), and an overall membership of more than 130 members representing universities, corporations, political parties, the bureaucracy, social workers, and labor."
The post-war Japanese Constitution
The constitution of JapanConstitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
, which became law on 3 May 1947 includes article 28, which guarantees the right of workers to participate in a trade union.
1949 Law and subsequent amendments
On 1 June 1949 a new version of the Trade Union Law was enacted. It has since been amended in 1950, 1951, 1952, 1954, 1959, 1962, 1966, 1971, 1978, 1980, 1983, 1984, 1988, 1993, 1999, 2002, 2004, and 2005.Structure
The law consists of 5 chapters, an order for the enforcement of the Trade Union law, and supplementary provisions:- Chapter 1 General Provisions (Articles 1-4)
- Chapter 2 Labor Unions (Articles 5-13)
- Chapter 3 Labor Relations Commissions
Section 1 Establishment, Duties, and Matters under the Juristiction, Organizations, etc (Articles 19-26)
Section 2 Procedures for Examination of Cases of Unfair Labor Practices (Articles 27 - 27-19)
Section 3 Lawsuits (Articles 27-19 - 27-21)
- Section 4 Miscellaneous Provisions (Articles 27-22 - 27-26)
- Chapter 5 Penal Provisions (Articles 28-33)
- Order for the enforcement of the trade union act
- Supplementary Provisions
Unfair Labor Practices
Prohibited under Article 7 of the Act, an unfair labor practice is when an employer interferes with the rights of workers to join, organize, or take part in union activities, and also for refusing to collectively bargain with a union. For further details see Unfair Labor PracticeUnfair Labor Practice (Japan)
An is when an employer in Japan discriminates against a worker who is associated with a union, or when an employer refuses to negotiate with a trade union or interferes in the activities of a union...
.