Unfair Labor Practice (Japan)
Encyclopedia
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. Unfair labor practices are defined under Article 7 of the 1949 .
The employer shall not commit the acts listed in any of the following items:
(i) to discharge or otherwise treat in a disadvantageous manner a worker by reason of such worker’s being a member of a labor union, having tried to join or organize a labor union, or having performed justifiable acts of a labor union; or to make it a condition of employment that the worker shall not join or shall withdraw from a labor union. However, where a labor union represents a majority of workers employed at a particular factory or workplace, this shall not preclude an employer from concluding a collective agreement which requires, as a condition of employment, that the workers shall be members of such labor union;
(ii) to refuse to bargain collectively with the representatives of the workers employed by the employer without justifiable reasons;
(iii) to control or interfere with the formation or management of a labor union by workers or to give financial assistance in defraying the labor union’s operational expenditures, provided, however, that this shall not preclude the employer from permitting workers to confer or negotiate with the employer during working hours without loss of time or wage, and this shall not apply to the employer’s contributions for public welfare funds or welfare and other funds which are actually used for payments to prevent or relieve economic adversity or misfortunes, nor to the giving office of minimum space;
(iv) to discharge or otherwise treat in a disadvantageous manner a worker for such worker’s having filed a motion with the Labor Relations Commission that the employer has violated the provisions of this Article; for such worker’s having requested the Central Labor Relations Commission to review an order issued under the provisions of Article 27-12, paragraph 1; or for such worker’s having presented evidence or having spoken at an investigation or hearing conducted by the Labor Relations Commission in regard to such a motion, or in connection with a recommendation of a settlement to those concerned, or at an adjustment of labor disputes as provided for under the Labor Relations Adjustment Act (Act No. 25 of 1946).
Cabin Crew Union, on November 4th 2009 the Tokyo Labor Commission ruled that wage and employment discrimination against union members was an unfair labor practice. It ordered JAL to apologize and end the discrimination.
In response to a case brought by the General Union
against the Assistant Language Teacher
staffing company Interac
for failing to hold collective bargaining with the union, on July 26th 2010 the Osaka Labor Commission ruled that Interac had committed an unfair labor practice by refusing to hold collective bargaining with the union. As a result, Interac was ordered to hand-deliver an apology to the union, and banned from bidding on government projects.
Trade Union Act Article 7
(Unfair Labor Practices)The employer shall not commit the acts listed in any of the following items:
(i) to discharge or otherwise treat in a disadvantageous manner a worker by reason of such worker’s being a member of a labor union, having tried to join or organize a labor union, or having performed justifiable acts of a labor union; or to make it a condition of employment that the worker shall not join or shall withdraw from a labor union. However, where a labor union represents a majority of workers employed at a particular factory or workplace, this shall not preclude an employer from concluding a collective agreement which requires, as a condition of employment, that the workers shall be members of such labor union;
(ii) to refuse to bargain collectively with the representatives of the workers employed by the employer without justifiable reasons;
(iii) to control or interfere with the formation or management of a labor union by workers or to give financial assistance in defraying the labor union’s operational expenditures, provided, however, that this shall not preclude the employer from permitting workers to confer or negotiate with the employer during working hours without loss of time or wage, and this shall not apply to the employer’s contributions for public welfare funds or welfare and other funds which are actually used for payments to prevent or relieve economic adversity or misfortunes, nor to the giving office of minimum space;
(iv) to discharge or otherwise treat in a disadvantageous manner a worker for such worker’s having filed a motion with the Labor Relations Commission that the employer has violated the provisions of this Article; for such worker’s having requested the Central Labor Relations Commission to review an order issued under the provisions of Article 27-12, paragraph 1; or for such worker’s having presented evidence or having spoken at an investigation or hearing conducted by the Labor Relations Commission in regard to such a motion, or in connection with a recommendation of a settlement to those concerned, or at an adjustment of labor disputes as provided for under the Labor Relations Adjustment Act (Act No. 25 of 1946).
Examples
In response to a case bought by Japan AirlinesJapan Airlines
is an airline headquartered in Shinagawa, Tokyo, Japan. It is the flag carrier of Japan and its main hubs are Tokyo's Narita International Airport and Tokyo International Airport , as well as Nagoya's Chūbu Centrair International Airport and Osaka's Kansai International Airport...
Cabin Crew Union, on November 4th 2009 the Tokyo Labor Commission ruled that wage and employment discrimination against union members was an unfair labor practice. It ordered JAL to apologize and end the discrimination.
In response to a case brought by the General Union
General Union
Founded in 1991, the ' is a labor union headquartered in Osaka, Japan. It mainly represents teachers and staff who are employed in language education at private conversation schools, high schools and universities in the Kansai and Chubu regions of Japan. Recently the union has started major...
against the Assistant Language Teacher
Assistant Language Teacher
Assistant Language Teacher is a term that was created by the Japanese Ministry of Education at the time of the creation of the JET Programme as a translation of the term 外国語指導助手 or literally "foreign language instruction assistant." The terms AET , ELT and NESA Assistant Language Teacher (ALT)...
staffing company Interac
Interac (Japan)
Interac is a Japanese comprehensive educational consultation company. The name is an acronym for International Education Research and Analysis Corporation...
for failing to hold collective bargaining with the union, on July 26th 2010 the Osaka Labor Commission ruled that Interac had committed an unfair labor practice by refusing to hold collective bargaining with the union. As a result, Interac was ordered to hand-deliver an apology to the union, and banned from bidding on government projects.