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An unfair labor practice (不当労働行為, futouroudoukoui) is discrimination by an employer in Japan against a worker who is associated with a union, or refusal by an employer to negotiate with a trade union, or interference in the activities of a union. Unfair labor practices are defined under Article 7 of the 1949 Trade Union Law (労働組合法, roudou-kumiaihou). They are ruled on by Labour Relations Commissions.
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).
In response to a case bought by the Japan Airlines Cabin Crew Union on November 4, 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. [1]
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 26, 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. [2] Interac then appealed this ruling to the Central Labor Commission in Tokyo, where a settlement was brokered. [3]
Seventeen convenience store owners of FamilyMart stores who had formed a union and requested collective bargaining with the company and were refused sued. In April 2015 the Central Labor Commission found that FamilyMart had violated the Trade Union law by refusing to negotiate with the union. The franchise owners and were recognised as employees under the trade union law, and the company was ordered to pledge to the union that it would not to repeat the offence. [4] [5]
Labour laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can include 'productivity bargaining' in which workers agree changes to working practices in return for higher pay or greater job security.
Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways:
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves.
The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.
Labour unions emerged in Japan in the second half of the Meiji period, after 1890, as the country underwent a period of rapid industrialization. Until 1945, however, the labour movement remained weak, impeded by a lack of legal rights, anti-union legislation, management-organized factory councils, and political divisions between “cooperative” and radical unionists.
Japanese labour law is the system of labour law operating in Japan.
Labor relations is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
The General Union is a labor union founded in 1991 and headquartered in Osaka, Japan. Membership is open to all nationalities and all workers. It has members working in trading companies, factories and restaurants but the majority of members are 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. Union members work at universities such as Ritsumeikan University, and language schools such as ECC, Berlitz and Gaba. Recent years have also seen the union launching major organizing drives among South American workers in Japan, along with Filipino workers.
Zenkoku Ippan Tokyo General Union (全国一般東京ゼネラルユニオン), or Tozen Union (東ゼン労組), is a Japanese labour union. It was founded on April 25, 2010, by Louis Carlet, Tony Dolan, and David Ashton. It is a "godo roso" general amalgamated union, the first ever in Japan with foreigners holding all three top executive positions.
The Trade Union Law 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".
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
Labour Relations Commissions are Japanese government commissions responsible for protecting the legal rights of workers in Japan under the Constitution of Japan and the Trade Union Act of 1949.
The SA8000 Standard is an auditable certification standard that encourages organizations to develop, maintain, and apply socially acceptable practices in the workplace. It was developed in 1989 by Social Accountability International, formerly the Council on Economic Priorities, by an advisory board consisting of trade unions, NGOs, civil society organizations and companies. The SA8000's criteria were developed from various industry and corporate codes to create a common standard for social welfare compliance. The current (2014) version of the standard is built on earlier 2001, 2004 and 2008 versions.
JI Case Co. v. National Labor Relations Board, 321 U.S. 332 (1944), is a United States Supreme Court case dealing with labor law. Workers at the company's factory had voted to unionize, but J.I. Case Company had refused to negotiate with the new union, and tried to enforce old contracts instead. The court upheld the NLRB's decision that they'd violated the National Labor Relations Act, but said that the NLRB had to re-word the order it had issued.
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