Analysis of the Content of Individual Labor Dispute Resolution Cases: Termination, Bullying/Harassment, Reduction in Working Conditions, and Tripartite Labor Relationships  

Oleh:

Hamaguchi, Keiichiro

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 8 no. 3 (2011), page 118-137.
Topik: Labor Dispute Resolution Cases; Tripartite Labor Relationships; Labor

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ134.8 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Analysis of the 1,144 individual labor dispute cases handled by the four prefectural labor bureaus during fiscal 2008 show that two-thirds of these cases (756 cases) involved termination of employment, approximately 20% (260 cases) involved bullying or harassment, and approximately 10% (128 cases) involved the reduction in working conditions. In addition, roughly half the cases involved regular employees, around 30% involved directly hired non-regular employees, and approximately 10% involved temporary agency workers. Approximately 30 % of these cases reached resolution, with the majority (around a quarter) involving a settlement between 100,000 and 200,000 yen, and other cases reaching settlements between 300,000-400,000 yen, 200,000-300,000 yen and 50,000-100,000 yen in order of decreasing frequency. This represents a significantly low level overall. In terms of content, many cases of termination involved reasons relating to “attitude,” although it was difficult to clearly distinguish cases relating to “ability” from those relating to “attitude.” The frequency of cases citing the sanctioning of expression (restricting the “voice” or “exercise of rights” of workers) was also noticeable. This may indicate a state of “real world” termination, differentiated from the doctrine of the abuse of the right to dismiss, which is applied in court.

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