The 2003 Revision of The Labor Standards Law : Fixed-Term Contracts, Dismissal and Discretionary-Work Schemes  

Oleh:

Nakakubo, Hiroya

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 1 no. 2 (2004), page 4-25.
Topik: LABOR; labor standards law; contracts; dismissal; work schemes
Fulltext: Hiroya Nakakubo.pdf (56.98KB)

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

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The Labor Standards Law, which has played a central role in the protection of Japanese workers since its enactment in 1947, was considerably revised in 2003. The revised law was passed by the Diet last June, promulgated the following month, and came into effect on January 1, 2004. The latest revision mainly concerns fixed - term labor contracts, dismissals, and discretionary - work schemes. The most significant aspects of the revision are the extension of the upper limit of fixed - term labor contracts from one to three years, and the first - ever explicit clause requiring employers to have just cause when dismissing employees. It is also noteworthy that various modifications were made to the government’s original bill during Diet proceedings, modifications that symbolically represented the conflict between the move towards deregulation and its antithesis. This article will describe the contents of the revisions and examine their significance. Before turning to this task, a note concerning terminology would be appropriate. A contract concluded between the parties when an employer hires an employee is called an “employment (koyo) contract” in the Civil Code. The Labor Standards Law, on the other hand, uses the term “labor (rodo) contract” when it makes alterations to the Civil Code’s rules of employment to better protect the interests of employees. The two contracts are identical in substance, and in many judicial decisions, in fact, employment contract and labor contract are used almost interchangeably. In the same vein, the Labor Standards Law uses the term “worker” rather than “employee.” This article generally follows the terms found in the Labor Standards Law, although they may sound somewhat peculiar to foreign readers.

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