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| Toward the Realization of New Work Rules (Gist) |
Adopted as a Special Report at the 7th Regular Convention, October 4, 2001
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| I. |
For the Realization of New Work Rules |
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| 1. |
RENGO’s Fundamental Stance
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| (1) |
The achievement of a “welfare society centered around labor” |
| (2) |
Appropriate responses to sweeping changes in the employment and working environment |
| (3) |
The establishment of comprehensive work rules from the perspective of working people
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| 2. |
Contents and Directions for Making New Work Rules Concrete
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| (1) |
The reform of labor legislation |
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| i. |
Tasks for the reform of labor legislation
Japan’s labor legislation has been slow to respond to the changing employment and working environment. As seen by the regularity of the practice of unpaid overtime, the destabilization of labor contracts, and the inadequacy of measures for employment equality, the Labor Standards Law has failed to play a function as a basic law guaranteeing minimum standards for work rules.
The contents of the Trade Union Law, which is the basic law for labor-management relations, are also insufficient for dealing adequately with today’s fundamental problems such as corporate reorganizations and the need for the extended application of labor agreements. Moreover, the employment and livelihoods of workers are becoming more unstable as employment customs are being reviewed, and there is still no labor contract legislation to establish and protect labor contracts which can preserve the stability of employment. In addition, as a result of the lifting of the ban on pure holding companies as well as the introduction of consolidated accounting systems for taxation, the scale of businesses is becoming smaller to allow them maneuver more effectively, and it is becoming more difficult to organize or continue the activities of trade unions. In spite of this, no moves have been made to legislate a workplace worker representative system, which should be the basis for the protection of workers’ rights. Finally, because of the lack of a fundamental law on equality in employment, it is impossible, within a society where forms of employment are becoming more diverse, to guarantee the elimination of discrimination at the workplace.
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| ii. |
Contents of the reform of labor legislation |
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| a. |
Revision of the Labor Standards Law |
| b. |
Revision of the Trade Union Law |
| c. |
Establishment of a Law on Labor Contracts |
| d. |
Establishment of a law to guarantee equal treatment for part-timers and workers on fixed-term contracts |
| e. |
Establishment of a law for labor representation
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| (2) |
Improvement and expansion of labor agreements |
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| i. |
Problems regarding labor agreements
Most labor agreements in Japan are based on a single enterprise, and the unit unions, which sign these agreements, have been able to some extent to guarantee the employment and working conditions of union members within the firm. On the other hand, they have not been so effective at creating social rules which go beyond the framework of the enterprise. In particular, they have had practically no effect on part-timers and unorganized workers.
In the midst of a changing employment and work environment, there is a growing list of problems that cannot be dealt with by existing labor agreements, and partially because of pressure from economic conditions on corporate health, these agreements have not been improved and expanded in an adequate fashion. Moreover, because of the inadequacy of the contents of labor agreements, there are many cases where trade unions have been unable to safeguard the employment and rights of their members.
On the other hand, there has not been any application of the regional expansion system for labor agreements since 1992, and this system needs to be urgently reviewed.
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| ii. |
Contents of the improvement and expansion of labor agreements |
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| a. |
Improve labor agreements by making use of the “Guidelines for Model Labor Agreements” |
| b. |
Enhance labor agreements to be able to deal with “corporate reorganizations” |
| c. |
Establish work rules that apply to all workers inside a firm or workplace |
| d. |
Promote the introduction of the “labor-management consultation system within corporate groups” |
| e. |
Promote the expanded application of labor agreements |
| f. |
Create societal work rules through the Spring Struggle for a Better Life
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| (3) |
Reform of Labor Practices to Make Them Fair
In order to reform the current unreasonable situation regarding labor practices, essentially it will be necessary to look through the various customs, discover where there are problems and tasks to be tackled, and then create rules in the form of labor agreements or working rules. We must also make efforts to establish legislation and carry out a campaign to make these practices fair. Consequently, we will separately organize concrete efforts toward making labor practices fair.
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| II. |
The New Legislation That RENGO Seeks |
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| 1. |
Revision of the Current Basic Laws
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| (1) |
Revision of the Labor Standards Law |
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In the policy paper “Work Rules for the 21st Century,” we proposed measures to break out of this situation. We will therefore place our focus on, and work to achieve, the solution of the problems brought up there and the demands which have not been achieved so far. They include the expansion of the power of labor contracts and review of the working rule system, as well as the problem of limits on overtime work. However, we will make adjustments to these demands as necessary, as we watch the development of ideas for new legislation such as a labor contract law.
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| (2) |
Revision of the Trade Union Law |
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The main issues regarding the Trade Union Law are as follows.
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|
| i. |
There is an increasing number of cases where, as a result of reorganizations, parent firms come to control the management of subsidiaries or where subsidiaries become no more than a part of a holding company. Therefore, when considering the range of employers and trade unions, i.e. the parties to be involved in collective bargaining and labor-management consultations, as well as the signing of labor agreements, we must take a comprehensive and broad perspective that goes beyond company borders. In responding to reorganizations of corporations in forms such as holding companies, the sale of business operations, divestitures, and M&As, as well as in the revision of accounting standards, we will work to develop a framework for determining who the ultimate employer is, and for the extended application of labor-management consultations and labor agreements.
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| ii. |
The provisions in Articles 17 and 18 of the current law that require 3/4 of employees to approve the extended application of labor agreements is too strict, and as a result it has been extremely difficult to extend such agreements. In order to prevent the deterioration of working conditions for non-unionized workers at medium and small firms, and to guarantee better working conditions, this provision for the extended application of labor agreements should be changed to “at least one half.”
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| 2. |
Demands for New Labor Legislation
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| (1) |
Labor Contract Law |
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There have been increasing conflicts regarding employment and working conditions, including layoffs under the pretext of strengthening competitiveness or changing business structures, and due to, for instance, the diversification of forms of employment and work. This is happening because of the insufficiency of rules in labor agreements regarding such issues.
In order to respond to this situation, the contents of labor contracts should be clarified, the functions should be strengthened and measures to protect workers should be instituted. Concretely, a Labor Contract Law should be legislated which sets clear rules for dismissals, of course, but also hiring, transfers, dispatches to other firms, transfers, promotions, evaluations, and retirement.
The Labor Standards Law serves as the basis for the protection of labor contracts, but since it only provides for minimum working conditions, it does not adequately regulate each detail of the overall labor contract. Thus, while improving its core sections, we will aim for the establishment of a Labor Contract Law.
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| (2) |
Law for Part-Time and Fixed-Term Contract Workers |
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The basic issues in employment equality include the banning of discrimination based on form of employment or work, and age-based discrimination in recruitment and hiring, the banning of sexual discrimination in all areas of employment, and the banning of discrimination against the disabled.
Concretely, the forms of employment and working patterns are becoming more diversified, including part-time, fixed-term contract, dispatch, contracted, and sub-contract labor. Therefore, the law should clarify the rights of these workers and guarantee them stable employment and fair working conditions. Moreover, the law should ban age-based discrimination in recruitment and hiring in order to ensure employment opportunities for middle-aged workers. It should ban discriminatory treatment based on the fact that a person is disabled and guarantee the employment and working conditions of disabled people. It is necessary to ensure equal treatment by banning discriminatory treatment based on sex at all stages of employment. This will be the pillar for preparing the conditions to allow the balancing of work and family responsibilities. With regard to labor conditions based on the form of employment or work, it is important to implement a law, particularly applying to part-timers and workers on fixed-term contracts, that forbids discriminatory treatment in terms of working conditions for reasons of difference in the form of employment or labor, and that guarantees equal treatment.
In parallel with the enactment of legislation, we will strengthen our movement to pressure the government to ratify ILO Conventions No. 111 and 175.
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| (3) |
The Labor Representation Law |
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In the Labor Standards Law and other labor legislation, there are more than 60 provisions stipulating that labor agreements and working rules must be signed by majority representatives, and that opinions from the labor side must be heard. They have a major influence on the important working conditions of workers, but under current law there are inadequate guarantees for the democratic election of representatives at enterprises where the union does not make up the majority of workers. Thus, necessary legislation should be enacted while these problems are being resolved. At unorganized workplaces, the opportunities for workers to express their opinions regarding the setting of working conditions are practically non-existent. Because it is difficult for them to hold talks as stipulated by law, and because of the diversification of forms of employment and the individualization of personnel management, the current representation system is reaching its limits in functional terms, and there is a need to establish such systems for workplaces which do not have majority trade unions.
In order to ensure that workplaces have appropriate labor representation systems, Japan should legally establish, on the premise of coexistence with trade union activities, a labor representation system that clarifies, for instance, the method for democratically electing labor representatives.
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| 3. |
Demands on Labor Legislation in Various Fields
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| (1) |
The preparation of legislation to support employment stability as well as flexible labor turnover |
| (2) |
Occupational Health and Safety Law/Workmen’s Accident Compensation Insurance Law
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| III. |
Development and Improvement of Labor Agreements in Accordance with RENGO’s Goals |
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| 1. |
Our Basic Stance on the Establishment and Improvement of Labor Agreements
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The right to sign labor agreements with employers is one that only trade unions are entitled to. We should reconfirm the significance of this, and, when establishing and strengthening labor agreements to create new work rules, we will base our efforts on the following ideas. |
| (1) |
The clarification of work rules through the preparation of labor agreements |
| (2) |
The development and improvement of labor agreements in response to the changing economic and employment environment |
| (3) |
Improvement of the level of labor agreements through unified efforts
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| 2. |
For the Creation of a New Framework for the Establishment of Socialized Work Rules
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RENGO, with the goal of establishing socialized work rules that cover all workers, including those who are unorganized, has proposed the creation of a new framework for labor agreements and the positive expanded application of these agreements.
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| 3. |
Concrete Activities to Develop and Improve Labor Agreements
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| (1) |
The development of labor agreements by making use of the “Guideline for Model Labor Agreements,” etc.
We will aim to eliminate workplaces without labor agreements, and by making use of the “Guidelines for Model Labor Agreements,” carry out concrete efforts to develop labor agreements in all areas.
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| (2) |
The improvement of labor agreements to be able to cope with corporate reorganizations and reconstruction
We will respond to moves toward corporate reorganization through, for example, the improvement of systems for prior consultations. We will also make efforts to constantly monitor company managements so that companies do not fall into business crises.
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| (3) |
Establishment of work rules within enterprises and workplaces
We will aim to establish forums to discuss the “establishment of work rules” on ways of working and common issues for all workers inside the same firm or workplace.
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| (4) |
Promotion of the introduction of “systems for labor-management consultations within company groups”
We will actively introduce “systems for labor-management consultations within enterprise groups,” and tie this to the creation of work rules at the group level.
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| (5) |
Creation of socialized work rules through the extended application of labor agreements
We will work for the creation of socialized work rules, including for unorganized workers, through the lowering of the requirements for the “extended application of labor agreements.”
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| IV. |
Efforts toward Realization |
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| 1. |
Fundamentals of Our Efforts
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Although RENGO is working toward an overall scheme for new work rules, we will use our entire organizational strength to achieve, in the next five years or so, resolutions to the particularly urgent issues outlined in this report. |
| (1) |
A system to promote the achievement of new work rules |
| (2) |
A unified effort by the RENGO Headquarters, Local RENGOs, and the affiliates |
| (3) |
Development of a national movement and national campaign
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| 2. |
Efforts to Reform Labor Legislation
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| (1) |
In accordance with the contents of this report, RENGO Headquarters will make requests to the Democratic Party of Japan and other friendly parties regarding the enactment of the three previously mentioned draft laws, and will conduct policy discussions. At the same time, we will work in linkage with the affiliates and Local RENGOs and carry out discussions related to the drafting of bills. In particular, we will take a cautious response to the proposed Labor Representation Law (tentative name), which may have a major effect on efforts for organizational expansion.
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| (2) |
In working toward the reform of labor legislation, the affiliates will carry out education toward their members, and make requests toward Diet members with whom they have relations to enact the new laws.
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| (3) |
In working toward the reform and enactment of new laws in the area of labor legislation, the Local RENGOs will lobby Diet members and local assemblymembers from their districts, and will also carry out various activities such as holding forums with local employers to exchange opinions, and bringing up the issues to local administrations and citizens.
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| 3. |
Activities toward the Development and Improvement of Labor Agreements
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| (1) |
The following are the important points in efforts to develop and improve labor agreements: (a) having a consensus on the significance and importance of these efforts; (b) carrying out checks of weak points in the contents of labor agreements, and striving to improve them; and (c) the timing and procedures for such efforts.
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| (2) |
RENGO will make the following efforts: (a) holding a variety of workshops to create and deepen awareness of the Guidelines for Model Labor Agreements; (b) unfolding and supporting campaign activities for developing and improving labor agreements, (c) implementing overall checks on labor agreements; and (d) developing the Guidelines for Model Labor Agreements to support organizing activities.
In addition, we will clearly show measures toward medium and small unions as well as unorganized workers, and strengthen cooperation with the Local RENGOs and local councils.
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| (3) |
In promoting the preparation and enhancement of labor agreements, the industrial federations will provide support to the affiliates, who are the major players in the development and improvement of the labor agreements.
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| 4. |
Efforts to Reform Labor Practices to Make Them Fair
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| 5. |
Activities for International Solidarity
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Important Documents |
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