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 endokosh@kisc.meiji.ac.jp

June 4, 2006

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Individual Labor Disputes(ILDs)

Japanese definition: Labor disputes breaking out between individual workers and employers, being usually independent from mainstream large private enterprise-based unions

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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

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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

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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

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Number of cases in the UK

ACAS (Advisory, Conciliation and Arbitration Service) 1975-

IT (Industrial Tribunal) 1964-1996 　 　 　 　 ET (Employment Tribunal) 1996-

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Number of cases in Germany and France

Arbeitsgericht 1926- Conseil de prud’hommes 1806(!)-

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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

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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

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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….

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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?

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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.

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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.

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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.

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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.

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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

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“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.

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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)

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“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.”

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“New Model” of labor NPOs developing in various fields since the 1990’s

Legal mobilization Medical and life assistance Social movement Networking each other

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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

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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.

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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

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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.