Restructuring of The System for Determining Working Conditions in Japan  

Oleh:

Uemura, Shunichi

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 3 no. 4 (2006), page 95-116.
Topik: working condition; restructuring; system; working conditions
Fulltext: Shunichi Uemura.pdf (289.96KB)

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Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ134.3 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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In developed countries, the basic concept of traditional labor laws concerning the determination of working condiitons have generally been as follows : Firstly, the state stipulates minimum standards for working conditons. In the past the state had regarded employers and employees as equal udner civil laws and taken a neutral position, respecting contractual freedom. Eventually, however, this neutral stance by the state had lead to miserable consequences for workers who had less bargaining ability. This is the reason why worker protection laws were born. Secondly, with regard to labor conditions above the minimum standards set by laws, collective labor relations laws were developed to provide the framework for the negative between trade union and employer. Under those laws labor unions are legally considered to be colelctive negotiators instead of individual workers who have less bargaining capabilities. Labor unions are permitted to implement measures of economic pressure so that they can secure bargaining strength. Special legal effect is given to collective agreements that are reached by means of collective bargaining. As a result, individual labor contracts can be deemed valid only within a frame of labor conditions that are prescribed by the nationally - established minimum labor standards and the collective agreement.

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