Industrial Action and Liability in Japan: A Legal Overview*  

Oleh:

Nakakubo, Hiroya

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Japan Labor Review vol. 12 no. 2 (2015), page 086-105.
Topik: Industrial Action Liability; Japan Legal Overview
Fulltext: JLR46_nakakubo.pdf (560.59KB)

Ketersediaan

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

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Isi artikel

This article gives an overview of Japanese law on strikes and other industrial actions, focusing on the issue of their legality and liability for illegal action. While the number of industrial actions has decreased markedly in recent years, Japanese workers have a constitutional right to act collectively, which includes the right to strike. The Labor Union Act clarifies the right by providing for immunity for participating workers from criminal punishment, civil liability, and termination, as well as any other unfavorable treatment. However, the action in question must be deemed “proper” in order to enjoy these protections. Devoid of statutory guidelines, the courts usually look into the objective and the manner of the action, as well as the parties to the act and procedural questions involved, in deciding whether the action was proper or not. When a strike goes beyond the border of properness, the strikers and their union may be ordered to pay damages to the employer. It should also be noted that public sector employees are prohibited from engaging in strikes or other collective actions, although their number at the national level has decreased drastically since the 1980s as a result of privatization.

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