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Labor Policy

Labor Policy. Keiichiro HAMAGUCHI. Chapter 5. Industrial Relations Policy. Section 1. Trade Union Policy. Trade union policy in pre-war era. 1900 Public Peace Police Law banned almost trade union activities (Article 17).

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Labor Policy

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  1. Labor Policy Keiichiro HAMAGUCHI

  2. Chapter 5 Industrial Relations Policy

  3. Section 1 Trade Union Policy

  4. Trade union policyin pre-war era • 1900 Public Peace Police Law banned almost trade union activities (Article 17). • Relief Work Council recommended its deletion in 1919. Government declared non-prevention. • Both MoHA and MoAC drafted Trade Union Bill, but not decided. • Social Policy Bureau drafted progressive TUB following German model in 1925, got harsh criticism from employers, modified completely.

  5. Wakatsuki Cabinet submitted regressive TUB in 1926. • TUB discarded in House of Representatives because of employers’ opposition (Article 17 of PPPL deleted) in 1927. • Hamaguchi Cabinet redrafted progressive TUB in 1929, got criticism again, modified completely again. • New TUB passed HoR, but discarded in House of Lords in 1930. • No trade union legislation at all in pre-war era

  6. (2) The enactment ofTrade Union Law • Trade Union Law, drafted by Labor Legislation Council, enacted in 1945. • 1945 TUL banned dismissal or discrimination based on membership, provided exemption from civil and criminal liability, gave collective agreement normative effect (replace inferior contract). • 1945 TUL applied public sector workers.

  7. (3) McArthur letter and reversal of the system in public sector • February 1st strike, planned by radical labor movement, was banned by GHQ. • In 1948, Gen. McArthur issued a letter, deprived right of collective bargaining and strike by public sector workers (later incorporated in Government Order No.201). • 1948 National Public Service Law banned both collective bargaining and strike. • 1948 Public Corporation Labor Relations Law allowed only collective bargaining.

  8. (4) 1949 Revision ofTrade Union Law • GHQ ordered revision of TUL following American labor law system. • Bargaining unit system was abandoned because of opposition from trade unions. • 1949 revised TUL provided unfair labor practice, ex. refusal of collective bargaining and control or interference including financial support. • Labor Relations Commission is responsible for administrative remedial procedure. • TUL had few revisions for half a century.

  9. (5) ILO Conventions andBasic Labor Rights • 1948 ILO Convention No.87 on Right to Organize guaranteed the right to elect their representatives in full freedom. • 1948 PCLR Law disqualified unions with dismissed leaders. • Unions appealed to ILO, insisting violation of right to organize. • Government abolished the provision in 1965.

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