Labor Policy Keiichiro HAMAGUCHI

Chapter 5 Industrial Relations Policy

Section 2 Employees’ Representation Policy

(1) Employees’ Representation Policy in pre-war era 1919 draft Woks Council Law of Ministry of Home Affairs proposed voluntary joint council draft Works Council Law of Cooperation Association proposed two types (joint or employees only) of obligatory council lawmaker-initiated bill of Industrial Council Law failed.

(2) Industrial Patriotic Front Cooperation Association advocated the establishment of Industrial Patriotic Front in Circulation of Ministry of Health and Welfare ordered companies without unions to set up IPF consisted of employer and employees (masked works council). Intensified war drove IPF to militaristic machines. Trade unions disbanded. GHQ ordered disband of IPF.

(3) Enterprise Union and Works Council Post-war enterprise unions were metamorphosis of IPF. Unions established managerial councils by means of collective agreement. Central Labor Relations Commission issued Guidelines for Managerial Council in Collective agreements with managerial council expired after 1949 revision of TUL. Japan Productivity Center advocated establishment of productivity council in 1955.

(4) Majority Representative 1947 Labor Standards Law established majority representative system as a measure for overtime agreement (supposed substitute for trade union). LSL has no explicit provision on majority representative of non-unionized workplace. The system extended to broad areas in labor policy such as continued employment and occupational pensions Enforcement Regulation for LSL provided qualification and guarantee of representatives.

(5) Labor-Management Committee The first labor–management committee (permanent organ of majority representative) was health and safety committee in IHS Law revised LSL provided joint committee for introduction of discretionary work scheme Study Group on Employment Contract Legislation Report advocated general legislation on labor-management committee as a mechanism for decision and alteration of working conditions. Trade union side rejected the idea.

(6) ILO standards on Workers’ Representative 1971 ILO Convention No.135 on Workers' Representatives in the Undertaking provided effective protection and facilities. Workers’ representatives mean both trade union representatives and representatives who are freely elected by the workers of the undertaking.