Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Japan - 2018
+ show references
- Labour Standards Act [LSA], Act No. 49 of April 7, 1947 as last amended by Act No. 42 of 27 June 2012 last amended by the Act to Promote the Work Style Reform by Amending Related Acts (Act No.71 of 2018 of 6 July 2018 )[Work Style Reform Act of 2018]
Date: 01 Dec 2004; view website »
- Labour Contract Act [LCA], Act No. 128 of December 5, 2007 as last amended by Act No.59 of 10 August 2012 last amended by the Work Style Reform Act 2018
Date: 05 Dec 2007; view website » (view in NATLEX »)
- Civil Code [CC], Law No. 89 of 27 April, 1896, as amended through Act No. 78 of 2006
Date: 21 Jun 2006; view website »
- Employment Measures Act [EMA], Act No. 132 of July 21, 1966 as last amended by Act No. 79 of July, 15, 2009, last amended by the Work Style Reform Act 2018, including the new title “Act on Comprehensive Promotion of Labour Measures, Employment Stability, and Improvement of Working Life
Date: 15 Jul 2009; view website »
- Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment, Act No. 113 of 1972, as last amended by Act No. 82 of 2006
Date: 21 Jun 2006; view website »
- Labour Union Act, Act No. 174 of June 1, 1949 as last amended by Act No. 102 of 2005
Date: 21 Oct 2005; view website » (view in NATLEX »)
- Labour Tribunal Act [LTA], No. 45 of 2004 as last amended by Act No. 53 of 2011
Date: 2004; view website » (view in NATLEX »)
- Act on Improvement, etc. of Employment Management for Part-Time Workers (Act No. 76 of 1993) as amended by Act No. 27 of 2014 (entry into force 1 April 2015) [PTA], as last amended by the Act to Promote the Work Style Reform by Amending Related Acts (Act No.71 of 2018 of 6 July 2018 – the entry into force of this 2018 Act varies according to the provisions)
Date: 2014; view website »
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unjustified dismissals are null and void. Consequently, if a dismissal is held to be unjustified, the employment relationship will always continue. The employee will only be entitled to receive his or her normal wages for the period between the dismissal and the reinstatement.
Reinstatement available: Yes
- See art. 16 LCL.This provision reads as follows: "A dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of rights and be invalid".
Preliminary mandatory conciliation: Yes
- Under the new Labour Tribunal System, the Labour Tribunal Committee initially tries to resolve labour disputes through conciliation and in the case of its failure it proceeds to a Labour Tribunal procedure.
It is also
Competent court(s) / tribunal(s): ordinary courts; labour court
- Ordinary courts have had traditionally exclusive jurisdiction over claims of unfair dismissal.
However, pursuant to the Labour Tribunal Law (Act No 45 of 2004 - in force since 2006), a Labour Tribunal system was established. The law establishes Labour Tribunal Committee (LTC) in Districts Court consisting of a judge and two independent experts in labour relations. The committee initially tries to resolve labour disputes through conciliation and mediation and in the case it fails to do so, it then proceeds to the adjudication of the case pursuant to the Labour Tribunal procedure. The Labour Tribunal procedure should be rapid and conclude after a maximum three sessions. The decision of the Labour Tribunal has the force of settlement in the court, unless either party raises an objection. When an objection is raised, the Labour Tribunal procedure is transformed into a normal judicial process pending at the District Court, in which the Labour Tribunal has been set up.
Existing arbitration: Yes
- Under the Labour Tribunal System, the Labour Tribunal Committee (LTC) attempts to settle the individual labour dispute through mediation in its second or third session and if one of the parties rejects it, the LTC will issue a judicial decision following the Labour Tribunal procedure. (See Labour Tribunal Act - No. 45 of 2004).