6.1 Legislation in brief
The key statutes dealing with industrial relations in Japan are the Labour Union Act and the Labour Relations Accommodation Act. The Labour Union Act provides for the right to establish a union, undertake union activities, and bargain collectively. The Labour Relations Accommodation Act provides for the settlement of disputes.
6.2 Role of trade unions and collective agreements
Employers are required to consult with the labour union organised by a majority of employees at the workplace, or if there is no such union, with a worker representing a majority of workers, regarding certain matters. These matters include, for example, the establishment or amendment of work rules, and arrangements for employees to work overtime or on holidays.
Collective agreements may be negotiated with a union or with an elected employee representative, and collective dealings are important in Japan employment law. An employer is obliged to negotiate in good faith with the union or employee representative.
6.3 Industrial action and disputes
In general, industrial action (eg strike, slowing-down, boycotting, picketing, staying within a workplace) may only be conducted for the purpose of supporting collective bargaining, and provided that prescribed procedures are complied with. Secondary actions are generally not permitted.
There are various procedures for resolving labour disputes, including mediation by the Labour Relations Commission, labour trial procedures, provisional dispositions and litigation.