LABOR AND SOCIAL SECURITY LEGISLATION HEIJI NOMURA AKIO SATO
CONTENTS Source of Law...... Legal Provisions concern,ing Right to Organize and to Bargain and Act Collectively under Article 28 of the Constitution ...... 2 Legal Provisions concerning Right to Work and Labor Standards under Article 27 of the Constitution 9 Legal Provisions concerning Social Security under Article 25 of the Constitution . . . . . SHistory ~ Characteristics of the Japanese Labor Legislation before the End of World War 11 ...... Post-war Labor Legislation and its Development . . . 22 Outline of the Legal System . . . . . Right to Organize ...... Right to Bargain Collectively ...... Right to Dispute ...... Labor Relations Adjustment ...... Labor Standards ...... 34 Social Sesurity System ...... Statistics
I. Source of Law
In understanding the existing law, it is not sufficient to regard only the statutes as its source. Customary law and judicial precedents must also be studied. This is also true in case of the labor law. ~~ J- In addition, by-1aws and rulings of trade unions, various agreements l~ between workers and employers, and workshop rules provided by employers must be studied as sources of law governing relationship between workers and employers. However, in this paper, these cannot be discussed because of lack of space, so that only major -1- written laws and ordinances will be explained. The primary source of the labor law, including tl~Le social security system, are the three provisions, Articles 25, 27 and 28 of the Constitution of Japan to guarantee the fundamental labor rights. The provision to guarantee the right to live provided in Article 25 directly accompanies the laws and ordinances related to the social security system. Guarantees of the right to work provided in Article 27 and of the right to organize and _to bargain and act collectively provided in Article 28 constitutes the indispensable means of realizing the right to live provided in Article 25. In connection with Article 27, there are the Employment Security Law, the Labor Standards Law and other laws and ordinances, and in connection with Article 28, the Trade Union Law, the Labor Relations Adjustment Law and other laws and ordinances. However, there are many provisions in the law_ s and ordinances in connection with Article 28 which restrict or prohibit the fundamental labor rights, and the unconstitutionality of these provisions is being discussed. The major laws and ordinances concerned will be explained in the following order : concerning Article 28, Article 27 and Article 25.
1. Legal Provisions concern-ing Right to Organize and to Bargain and Act Collectively under Article 28 of the Constitution
(1) Trade Union Law (Law No. 174 of 1949) Article 28 of the Constitution guarantees "the right of workers to organize and to bargain and act collectively" as a fundamental legal ~i principle concerning movement of trade unions. In accordance with ~1 this provision, the Trade Union Law was devised to protect organization of workers and to assist their collective bargaining- Article 1, para. 1. The present law amended completely the Trade Union Law of 1945, which provided fpr all workers to come under its jurisdiction. ~2- Since 1948, two million and several hundred thousands of laborers, about one third of the organized laborers, have been exempt from the effect of the Trade Union Law by the enforcement of special laws such as the Public Corporations and National Enterprises Labor Relations Law, the Local Public Enterprises Labor Relations Law, the National Public Service Law and the Local Public Service Law. According to the present Trade Union Law, the trade union is an organization or federation thereof formed autonomously by the workers for the main purpose of maintaining and improving working conditions and for raising the economic status of the workers- Article 2. The so-called GOYO KUMIAI*-an organization which is more or less controlled by management-is not a trade union. The present law defines such organizations as follows : They are ones which admit membership to those who represent the interests of the employer and which receive the employer's financial support in defraying the organization's operational expenditures-Article 2, paras. 1 and 2. Any trade union which has a by-law in compliance with the fixed conditions (Article 5) can acquire the status of a juridical person by registering-Article 11. A union also must have such a by law to participate in the formal procedures provided in this law for remedies for an unfair labor practice and for the recommendation of members of the Labor Relations Boards-Article 5. The Trade Union Law provides that collective bargaining, acts of dispute and other acts of trade unions which are fair and appropri- ate do not become the object of punishment and indemnity for damages-Article 1, para. 2 and Article 8. Furthermore, it prohibits unfavorable treatment of workers for their having perfomed proper trade union acts, the refusal to do collective bargaining and control ~~ of and interference with trade union, as unifair labor practices ~IT (Article 7), and provides the system of the labor relations board as an organ for administrative remedies for unfair labor practices and for adjustment of labor disputes.
*, It may be called company union. -3- The law nullifies any provision of an individual labor contract contravening the standards concerning working conditions and other treatment of workers provided in a collective agreement, and stipu- lates that the provisions of the standards must be followed-Article 16. It also provides the general binding power and regional binding power which extend the compulsory application of the collective agreement to other workers of the same kind when it fulfills the necessary conditions-Article 17 and 18. As attached ordinances, there are the Enforcement Order of the Trade Union Law (Cabinet Order No. 231 of 1949) and the regulations of the Central Labor Relations Board set forth by the said board as procedures for central and local labor relations boards. (2) Labor Relations Adjustment Law (Law No. 25 of 1946) The Labor Relations Adjustment Law is the general law relating to the adjustment of the labor dispute. As in the case of the Trade Union Law, however, there are many cases which are excluded from the application of the Labor Relations Adjustment Law. This law provides for conciliation, mediation and arbitration by the Labor Relations Board and emergency adjustment decided by the Prime Minister. In addition to this, it also provides for the restric- tion of labor disputes. When the parties concerned in public utilities resort to any act of dispute, they must notify it to the Labor Relations Board and the Minister of Labor or the prefectural governor at least 10 days prior to the day on which the act of dispute is to be commenced-Article 37. When an emergency adjustment has been declared, the parties concerned mu~*t not resort to any act of dispute for 50 days from
~~1 the day of its declaration-Article 38. In case there is a contra- vention, those who are responsible for such contravention are subjected to a fine-Article 39 and 40. Moreover, no act which hampers or causes the stoppage of maintenace or normal operation of safety precautions at factories and other places of employment can be resorted to as an act of dispute-Article 36. Any contraven- -4- tion shall lead to the lessening of the protection provided by Article 1, para. 2 and Article 8 of the Trade Union Law. (3) PLiblic Corporations and National Enterprises Labor Relations Law (Law No. 257 of 1948) The Public Corporations and National Enterprises Labor Relations Law of 1948 provided, as a special law of the Trade Union Law and the Labor Relations Adjustment Law, Iabor relations for the employees of the Japanese National Railways and Japan Monopoly Corporation, which became public corporations in 1948. By the amendment of 1952, the Japan Telegraph and Telephone Public Corporation and public enterprises undertaking the postal services, administration of national forests, the printing of bank note for the Bank of Japan, postage stamps, official gazettes etc., coinage and services belonging to th_e alchohol monopoly were included in this law. Those are called Three Corporations and Five Enterprises. Unlike the Trade Union Law, this law restricts the fundamental , labor rights. Subsequently, this law was amended to a considerable extent upon the ratification of ILO Convention No. 87. But enforcement of certain parts of this law was suspended as a result of a compromise made at the Diet with the opposition party, which insisted that such an amendment was unreasonable. Thus an advisory committee was established in the Prime Minister's Office in order to "investigate and discuss basic problems of labor relations of national and local public service employees and employees of public corporations. The provisions the enforcement of which was postponed are expected to be subject to further amendment, and therefore are not discussed here . ~i The same is true with respect to (4) the Local Public Enterprises Labor Relations Law as well as (5) the National Public Service Law, and the Local Public Service Law. With regard to the right to or*"anize trade unions and the right to join in such unions are recognized. - But the system of open shop -5- is provided, under which employees may refrain from joining in trade unions. In addition, the right to determine the scope of employees who are in positions to represent the interest of employers to be excluded from union membership, is not vested in the union concerned, but the power to determine and to give notice of the matter is given to the Public Corporations and National Enterprises Labor Relations Board-Article 4, paras. I and 2. This law guarantees the right to bargain collectively and the right to conclude a collective agreement, but matters affecting the management and operation of the public corporations and enterprises are excluded from collective bargaining-Article 8. Acts of dispute are prohibited under this law and any employee engaged in conduct of violation is subjected to dismissal-Article 17 and 18. This law establishes the Public Corporations and National Enterprises Labor Relations Board which undertakes conciliation, mediation and arbitration with respect to a dispute between the public corporation and the employees thereof. An award of the Aabitration Commission is final and binding upon both parties, but when it involves the expenditure of funds not available from the appropriate corporation budget nor corporation funds, it must be approved by the Diet-Article 35. If the award is not approved by ' the Diet, it will not be binding upon the Government. (4) Local Public Enterprises Labor Relations Law (Law No. 289 of 1952) This law provides labor relations for employees of the enterprises which undertake the local railway services, tramway services, auto- mobile transportation services, electricity services, gas services and ~ water supply services and so on which are operated by the local public entity. Contents of the law are almost the same as those of the Public Corporations and National Enterprises Labor Relations Law. (5) Provisions concerning Labor Relations under the National Public Service Law (Law No. 5 of 1947) and the Local Public Service Law (Law, No. 261 of 1950) -6- The national public service employees were separated from the general workers and their fundamental labor right were severely restricted by the amendment of the National Public Service Law in 1948. Regarding the right to organize, the National Public Service Law provides for the open shop system-Article 98, para. 2. Moreover~, no organization is allowed for employees of the police, fire services, the Maritime Safety Agency, or prisons, and any employee engaged in conduct of violation is subjected to punishment-Article 98, para. 4 and Article 110. This is also true in case of the employees of the Defence Agency-the Self-Defence Forces Law, Article 64, para. 1 and Article 119. Unions of the employees may bergain with the authorities in conformity with the procedures established by the National Personnel Authority, but cannot conclude any collective agreement with the Government-Article 98, para. 2. Acts of disputes are prohibited-Article 98, para 5. Any employee engaged in conduct of violation is subjected to less than three years' imprison ment with hard labor or a fine of less than 100,000 yen-Article 110. No employee engaged in conduct of violation can stand against the State with the rights of appointment or employment which he possesses according to laws and ordinances -Article 98, para. 6. Basic matters concerned to wages, working hours and other working conditions can be changed, in order to meet with the social conditions in general, by the Diet. The National Personnel Authority must not neglect to recommend changes should they seelrL necessary. At least once a year this authority must report to the National Diet ~ and the Cabinet simultaneously whether or not the list of wages o is appropriate. When the National Personnel Authority finds it necessary to increase or decrease the amount of wages listed in the list of wages by 5 per cent or more due to a change of conditions upon which the amount of wages is^ decided, it must give proper -7- advice to the Diet and the 'Cabinet-Article 28. However, there are no provisions to guarantee what kind of report or advice the National Personnel Authority shonld give, or what to do when the National Diet and the Cabinet reject the advice. Unfair discriminatory treatment to an employee is remedied through investigations of the National Personnel Authority-Article 89 to Article 92-2. There are many National Personnel Authority regulations such as attached ordinances which provide procedures for bargaining and other matters. Regarding the local public service employees, the Local Public Service Law contains provisions similar to those of the National Public Service Law. Major differences consist in that unions of employees can conclude a written agreement with a local public entity unless it violates the laws, ordinances, and regulations of the local public entity and rules established by organizations of the local public entity (Article 55, para. 2), and that a Personnel Affairs Committee or an Impartiality Committee are organized in each local public entity instead of the National Personnel Authority. (6) Law concerning Control of Methods of Acts of Dispute in Electric Enterprises and the Coal Mining Industry (Law No. 171 of 1953) This is an independent legislation which prohibits acts of dispute in private industries to which the Trade Union Law applies. Those who are employed in the electric enterprises shall not perform, as an act of dispute, an act of suspending the normal supply of electricity or any other acts of interrupting directly the ~ nomal supply of electricty-Article 2. Those who are employed in the coal minin_g industry shall not perform, as an act of dispute, such act of suspending the normal operation of mine safety maintenance activities, provided for in the Mine Safety Law, which might endanger human lives in mines, inflict iuinous or serious damage on mineral resources, destroy vital -8- facilities in mines, or cause damage by mining-Article 3.
2. Legal Provisions concerning Right to Work and Labor Standards under Article 27 of the Constitution
Article 27 of the Constitution of Japan provides the basic legal priciple of protection of workers. Para. I of Article 27 provides all people shall have the right and the'obligation to work. However, as detailed .statutes to guarantee the right toiwork, only the Employment Security Law and the Unemploymet Insurance Law provide, to a limited extent, the people with opportunities to get suitable jobs and work and grant benefits to the insured person when he is unemployed. From the basic legal principle of the standards for working conditions provided in para. 2 of Article 27, the Labor Standards Law and other related statutes have been derived. (1) Employment Security Law (Law No. 141 of 1947) This law provides for employment exchanges and hiring arran*"e- ments, Iabor recruitment and vocational guidance. (a) Employment exchanges and hiring arrangements are performed as a rule by a state or*~an which has the Public Employment Security Ofiices as its branches. (b) Private employment exchanges and hiring arrangements are recognized exceptionally under conditions which are laid down. A fee-charging employment exchange service can only be recognized when fee-charging agencies are licensed by the Minister of Labor and provides services- for artists, musicians, entertainers, and other highly specialized vocations. However, in any case, no agency can recommend applicants for jobs at any place of employment where there is a strike or lock-out. (c) Commissioning of labor recruitment requires permission of the Minister of Labor. (d) No ~~i l¥ one is allowed to conduct a labor supply project except that a trade union may conduct such a project , for which no compensation is made, provided it obtains permission of the Minister of Labor. .- 9 - Other laws which fall under this system are the Emergency Unernployment Countermeasures Law (Law No. 89 of 1949). Law concerning Temporary Measures for Unemployed Coalmine Workers (Law No. 199 of 1959), Law of Employment Promotion for Disabled Persons (Law No. 123 of 1960), Vocational Training Law (Law No. 133 Gf 1958), Law concerning Special Corporation for the Promotion of Employment (Law No. 116 of 1961), Seamen's Employment Security Law (Law No. 130 of 1948) and Law concerning Harbor Workers (Law No. 120 of 1965). (2) Unemployment Insurance Law (Law No. 146 of 1947) The purpose of this law is to grant an unemployment insurance benefit to a worker by the Government as the insurer when he is out of a job. It is applied compulsorily to enterprises which employ five or more workers, voluntarily in case of less than five workers. (a) In case an insured person is unemployed after he has been insured for more than six months in total during the one year preceeding the date of separation, and has received the recognition of unemployment made by the Public Employment Security Office, he is eligible to receive the daily amount of unemployment insurance benefit of 60 per cent of his daily amount of wages. The payment of the unemployment insurance benefit is limited to 180 days as a rule and minimum 90 days and maximum 270 days according to the period which a qualified recipient has been insured. (b) The National Treasury bears a maximum one-third of the amount of the expenses necessary for insurance benefits, one-fourth as a rule. The monthly premium rate is 1.4 per cent of the total wages of the insured person, and the amount of premiums is shared equally by the insured person ~J and the employer. (c) Special measures are provided for day ~ workers-Chapter V. (3) Labor Standards Law (Law No. 49 of 1947) Article 27, paras. 2 and 3 of the Constitution provides that "standards for wages, hour;s, rest and other working conditions shall be fixed by law. Children not be exploited. " The Labor Standards - _10 - Law is in a central position among labor laws which have been derived from this Article, and provides the minimum standards of working conditions. (a) In its general provisions, prohibition of discrimination by reason of nationality, creed or social status, equal wages for men and women, pro:hibition of forced labor and of intermediate exploita- tion, and guarantee for the exercise of civil rights are provided. (b) Regarding labor contracts, any contract violating this law is invalid, all contracts must clarify working conditions. The following are forbidden ; contracts of indemnity ; deductions for advanced payments ; compulsory deposits ; the dismissal of workers injured or taken ill on duty and of women before and after childbirth ; black lists. Dismissal notices or advanced notice allowances (more than 30 days average wages) must be provided. (c) Wages must be paid in cash and in full directly to the workers at least once a month at a definite date, the Minimum Wages Law provides the method and procedure of determining minimum wages. (d) Working hours are principally 8 hours a day and 48 hours a week with one day of rest a week, and an annual vacation with pay from 6 to 20 days must be granted. (e) Detailed provisions for safety and hygiene are provided in the Ordinance on Industrial Safety ahd Hygiene. As for silicosis, there is the Silicosis Law (Law No. 30 of 1960). With regard to industrial safety and hygiene, the Law concerning Organizations for the Prevention of Work Accidents (Law No. 118 of 1964) was enacted. (f) As for protection of women and minors, restriction of employment of minors under 15 years of age and a ban on night labor are provided. (g) Regarding injury, illness and death in the course of employment, the employer is liable for compensation thereof. Com- ~~I pensation in given for medical treatment, sick leave, permanent ~l¥ physical injury, an injury or illness that has caused incapacitation. In connection with these matters, there is a special law called the Accident Compensation Law for National Public Service Employees (Law No. 191 of 1951). (h) Responsibility for drawing up and sub- - 11 - mitting workshop rules, the right of the workers to run their dormitories, and the establishment of labor standards ins~p ection offices to supervise labor conditions are provided. The persons who violate this law can be punished with penal servitude not exceedin*" 10 years or with a fine not exceeding 30,000 yen. (4) Minimum Wages Law (Law No. 137 of 1959) This law provides that the labor administrative ofiice may fix the amount of minimum wages according to the categories of enterprises or occupations or regions. The amount of the minim~Im wage is determined by the following four procedures : (a) In the case of an inter-enterprise agreement concerning the minimum wage (an agreement among employers or employers' organizations) being concluded and when an application has been made to the labor office by mutual consent of all the parties concerned, minimum wages applicable to the employers concerned and to the workers employed by them are decided, by the labor ofiice and are based on the provision of the inter-enterprise agreement-Article 9 ; (b) In the case of the greater part of workers of the same kind in a specified region and of employers employing them being covered by the same or substantially the same minimum wages based on an inter-enterprise agreement, and when an application has been made by mutual consent of the gteater part of the employers covered by the minimum wages, their effect may be extended to all the workers and employers in the specified region-Article 10; (c) In the case of the greater part of workers of the same kind employed in establishments in a specified region and of employers employing them being covered by one collective agreement containing a provision concerning the ~ minimum wage or in the case of their being covered by two or ~ more collective agreements containing provisions of which - contents are substantially the same in respect to the minimum wage, and when an application has been made by mutual consent of all the trade unions or employers concerned, regional minimum, wages are decided, based on these provisions of e~)llective agreements- - 12_ - Article 11; (d) The decisions of the amount of the minimum wage is made, after consultation with the Minimum Wage Council whose opinion must be respected. This law also provides for minimum wages for piece-work conducted at workers' homes. Persons who violated this are liable to a fine not exceeding 10,000 yen. (5) Seamen's Labor Law (Law No. 100 of 1947) The provisions of the Labor Standards Law, with the exception of the general provisions, are not applied to seamen. The Seamen's Labor Law provides the minimum standards of working conditions for seamen and is a special law of the Labor Standards Law. 3. Legal Provisions concerning Social Security under Article 25 of the Constitution Article 25 of the Constitution provides that all the people shall have the right to maintain a minimum standard of wholesome and cultured living, and that in all spheres of life, the State shall use its~ endeavors for the promotion and extension of social welfare and security, and of public health. Laws concerned with the social security system are based on the above provision. These are divided into two groups. One comes under the social insurance la~vs of which the Health Insurance Law is a branch, and the other group comes under the other national assistance laws which includes the Livelihood Protection Law. (1) Health Insurance Law (Law No. 70 of 1922) Various insurance laws designed to protect wokers are the most important among the laws concerning social insurance. The Health Insurance Law, as one of the labor insurance laws, aims to grant an insurance benefit to an insured person for injury, illness or death off- ll ~I Il !i duty, or childbirth and to grant an insurance benefit to his or her dependents for injury, illness or childbirth-Article 1. The Govern- ment or health insurance associations become insurers and collect premiums acoording to the income of the insured (the premium rate is 6.5 per cent for these under the Government insurance scheme, - 13 - and bet･~veen 3 ;~*_nd 8 per cent for the~~e under a health insurance association scheme ; the cost of the premiums is shared equally by the insured person and the employer), and when an insured person has an accider*t, expenses for medical treatment are covered (half the amount of medical treatment for dependents). The medical treatment and dispensin*' of medicines have to be performed according to regulations (these regulations cover the organization for medical treatment of the insured and those persons in charge of such medical treatment and for medicines for the insured and those persons in charge of providing medicines for the insured)-Article 43-6. The law is compulsory for enterprises which employ five or more workers, and is voluntary for those which employ less than five workers. For day workers, there is the Health Insurance Law for Day Workers (Law No. 207 of 1953). (2) Workmen's Accident Compensation Insurance Law (Law No. 50 of 1947) This is ' a I abor insurance law to provide workers with accident compensation against injury, disease, incapacitation or death from employment. For accidents on-duty, the Labor Standards Law stipulates that the employers are responsible for compensation. On the oth_er h_and, that law also provides that permiums are collected from the employers, and that the Government pays compensation when there occurs an accident which is covered by insurance. In enterprises in which accidents are likely to occur the payment of premiums is compulsory, in other enterprises it is voluntary. (3) Public Welfare and Pension Insurance Law (Law No. 115 of 1954) V!I The presen+* law is an ov~er-all amendment of the law of 1941. It is a labor ins'u:rance law to grant a pension and a lump sum to an insured person when he becomes old, disabled, dead or dismissed. Payment of old age pensions starts from 60 years of age for men and 55 for women, as a rule. The amount of the pension is the amount obtained by multiplying 250 yen by the number of months - 14 - for the period the insured person has been insured plus the amount obtained by multiplyin*' I per cent of the average monthly wage by the n_umber of months for the period the insured person has been insured. In the case of an insured person having a dependent sD. ouse or children (1ess than 18 years of a*"e), 4,800 yen per person is addecl to the amount of the pension. The Government is the in*~urer in this law. The enterprises to which this law applies are the s*-me as those to which the Health Insurance Law applies to. The monthly amount of pfemium is between 3.9 and 6.7 per cent of the average monthly wages and is shared equally by the insured pers_on and the employer. However, where majority of the insured person in a given enterprise and a trade union organized by more than one third of the insured person, where such union exists, give consent, the employer may establish a welfare pension fund in order to apply it for the payment of the amount of provision fixed in according to the average monthly wage of the insured. (4) Smaller Enterprise Retirement A110wance Mutual Aid Law (Law No. 160 of 1959) Regarding unemployment, there is the Unemployment Insurance Law above mentioned. Besides, this law provides a system of the retirement allowance mutual aid for the employees of the smaller enterprises those that (ordinarily employers less than 300 workers), under which the employ~ers pay the contribution to the Smaller Enterprise Retirement A110wance Mutual Aid Projects Corporation, which pays the retirement allowance to the employees in case of their ~1~etirement. (5) Seamen's Insurance Law (Law No. 73 of 1939) ~1 This is a special labor insurance law for seamen. It aims to grant an insurance benefit to an insured person for illness, injury, childbirth, unemployment, old age, disablement, incapacitation or death and to grant a_n insurance benefit to the insured person's dependents for illness, injury, childbirth or death. - 15 - (6) People's Health Insurance Law (Law No. 192 of 1958) The present law is an over-all amendment of the law of 1938. A11 the previously mentioned social insurance laws are so-called labor insurance laws for workers, but this law is a social insurance law for the people. It defines the accidents to be insured as illness, injury, childbirth or death of the insured person. In this respect, it corresponds with the Health Insurance Law. The insurers are cities, towns, and the special wards. The people's health insurance associa- tion can also become an insurer. * (7) People's Pension Law (Law No. 141 of 1959) The purpose of this law is to grant a pension to the people, wh_o are not guaranteed by the public pension system for workers, wllen they become old or disabled and to their dependents when they die. It is compulsory for people of more then 20 years and less tll._an 60 years to be insured. The premiums are 100 yen a month for persons les-e than 35 years of age and 150 yen a month for persons of and over 35 years of age. Payment of the old age pension *_tarts frowL = 65 years of age, and the amounts are 2,000 yen a month for the insured who have paid premiums for 25 ye"*rs and 3,500 yen a month for the insured who have paid premiums for 40 years. (8) Livelihood Protection Law (Law No. 144 of 1950) The previously mentioned legal system for social insurance constitutes one phase of the social security system. Another phase is the legal system concerning allowances by the State which provides for a fixed standard of living. This law, as its central statute, provides that the State shall render necessary protection to all people who are in needy circumstances due to poverty and guarantee tllern pll a minimum standard of living, following the principle prescribed under Article 25 of the Constitution. The ways, by which protection is given, are : Iiving allowances, educational allowances, housing allowances, medical treatment allowances, childbirth allowances, business allowances, and funeral grants. The amount of the allow- ance is decided by the Minister of Welfare-Article 8. According - 16 - to the revised standard of allowances in April 1963, the amount of the allowance for a family of five persons living in an a_rea, where co-st of living is at the highest level, is 18,204 yen a month (an average of the standards for summer and winter and includes living allowance, housing allowance and educational allowance)-this is bas-ed on a survey made by the Social Affairs Bureau of the Ministry of Welfare, p. 138 of the Japan's Social Security Reader edited by Hitoshl Matsuo. Besides, there are the Child Welfare Law (Law No. 164 of 1947), the Mother and Infant Welfare Law (Law No. 129 of 1964), the Old Age Welfare Law (Law No. 133 of 1963), the Disabled Persons Welfare Law (Law No. 283 of 1949) and the Mentally Weak Persons Welfare Law (Law No. 37 of 1960), which provide allowances by the State for children and other persons requiring assistance. In case of a disaster, the Accident Relief Law (Law No. 118 of 1947) provides for emergency relief. (9) Social Welfare Undertaking Law (Law No. 45 of 1951) This law provides for the basic regulations in all spheres of social welfare undertakings and, with the Livelihood Protection Law and other laws for social welfare, ensures such undertakings are carried out fairly and properly in order to promote the sound development of social welfare-Article 1. This Law provides for the Social Welfare Conucil, welfare ofiices, social welfare superintendents, Iegal person of social welfare, social welfare conferences, and community chests. II. History It was after the end of World War 11 that the legal system for ~ labor and social security, imperfect though they are, were completed in Japan. The development of these systems was due to the leadership of the A1lied Nations after Japan surrendered in 1945 and also to the influence such new movements as the Japanese trade unlo Is. Generally speaking, the orgamzation of these systems can - 17 - be said to have been on an international level. However, restrictions on workers' rights have gradually been accumulated as can be seen in various laws regulating trade unions. Therefore, to get a clear understanding, the history of the labor law should be divided into two parts-characteristics of the legal system before the end of World War 11 and postwar development. 1. Characteristics of the Legal System before the End of World War II The following four points stand out : (1) First of all, Japan had an extremely poor system of legal protection of workers, which was far below the prewar international level. Of course, there was the Factory Law enacted in 1911 and enforced finally in 1916. In addition, there were the provisions of the Mining Law of 1905 and provisions in the Commercial Law for seamen of 1899, and the Shop Act of 1938. However their contents were poor and not sufiicient to regulate workin*' conditions. For this reason, Japan was famous for its extremely low level legal protection of workers. The Factory Law provided working conditions for women and minor workers, - but did not have any protective provision for adult men. It allowed two rest days a Inonth and 11 working hours a day for women and minors, while the international level was an eight hour working day. Furthermore, the working hours could be extended by two hours when approved by the government. The minimum wa*'es law in the field of sweating labor did not exist. Indeed, it could be said that the legal system in these days was of a colonial grade below the Indian level. Moreover, th_e Factory Law was applied to only those undertak- jL in*"s where more than 10 persons were employed all the time. Petty undertakings with less than 10 employees, which constituted the vast majority of the undertakings in Japan,were excluded from the application of this law. It cannot be forgotten that application of this law was a result of an amendment after a resolution of the Inter- - 18 - national Labor Conference established as a result of World War 1. It was in 1929 when night labor of women and minors was banned legally and regulations on industrial safety and hygiene and for dormitories attached to enterprises were provided. In the field of mining, it was in 1938 when night labor at, coal selecting places was abolished, and it was in 1937 when a law to achieve this end was enacted. Regarding the accident compensation system, a very small allowance was provided in the Factory Law and the Regulation for Coalminers' A110wance of 1916. For employees of the government, an allowance was provided in the Employees' A110wance Order. In the engineering and construction industry, an allowance was not provided until 1931 when the Labor Accident A110wance La~w was enacted. However, when these protective laws be*'an to shape, even though they were imperfect, Japan being on the brink of war in a difficult position. Consequently, an attempt to protect labor forces, and such an attempt had to be performed rationally in accord- ance with the capitalistic order, was neglected for a long time, and soon labor was m_obilized into working round the clock on seven days a week. Therefore, it may fairly be said that no protective laws in a substantial sense existed when Japan surrendered. (2) The second point to be mentioned is tb_at tb_e social security system was also extremely poor, Iacking its central them_e of an unemployment insurance system. In early 1920/s , only the Health Insurance Law of 1924 (also served as an accident allowance insurance law) had been enacted as social insurance. During the Sino-Japanese War, impoveris-hment of farming families caused by panic in rural districts *"nd the res'Jltant j¥ irnpairing of the health of young men came into question, and the People's Health Insurance Law was legislated in 1938. This was followed by legislation of the Seamen's Health Insurance Law and the Employees' Health Insurance Law in 1939. It could be said that the nature of the social security system in those days became simply - 19 - a measure to promote the health of young men who would be needed for the army. The accident insurance system for workers of the engineering and construction industry was established in 1931 with the legislation of the Accident Allowance Responsible Insurance Law. The Seamen's Insurance Law was enacted in 1939 and the Public Welfare Pension Insurance Law which had the nat.ure of insurance for the old and the disabled was established in 1941. At this time capitalism in Japan had already entered into its monopolistic stage and maintained a big industrial reserve force of labor. For a large number of unemployed workers during the panic, the Retirement Reserve and A110wance Law was enacted in 1936. Due to lack of sufficient legal protection, the majority of such unemployed workers were obliged to seek refuse in the countryside with their families and were thus protected by the family system that still prevailed among the poor farmers. However, many of the unemployed were sent abr02Ld party as soldiers and party as settlers and others during the war were drafted or mobilized. There was no machinery to deal with the serious unemployment right after the end of war. (3) The third point is that in Japan autnomous organizations and collective acts of workers were not expressly forbidden ; but, actually legislation and social structure that existed served to suppress such activities and to create a tendency to regard such activities unlawf ul. Japanese capitalism is said to have been established after the Sino-Japanese War. Therefore, Iabor disputes and attempts to organize trade unions also began at that time. For example : The t Association for the Realization of Trade Unions was founded, and the lronworkers Trade Union was formed in 1897 ; there were strikes at the Tenma Spinning Company and the Mie Spinning Company in 1894 and after, and a strike of the Nihon Railway Company in 1898. However, these union movements were frastrated by the Peace - 20 - Police Law of 1900. Workers were thrown into prison for instignat- ing a movement for h_igher wages under the charge of violating Article 17 of the Peace Police Law. This article was repealed in 1926 and the union movements became legal, but the main purpose of this law was included in the Law for Maintenance of the Public Peace (1925), the Penal Law for Acts of Violence (1926) and the Labor Disputes Mediation Law which allowed police mediation. Consequently, any movements which could be labelled as socialistic and considered to challenge the right to own private property could be suppressed without reserve and labor disputes could be settled by police inter- vention. Active unions movements were kept separate from those unions who were inactive and cooperative. However, even the collective bargainings of these mild unions were also suppressed by the Police Regulations when a union member committed acts in organizing a strike that were considered as violating such regulations, such as following his fellow workers about or forcing his employer to see him. Union organizers could be arrested under the excuse of detention-for-protection based on the Administrative Execution Law and could be tormented by being taken from one police station to another. A draft of a trade union law to foster the harmless and cooperative unions was considered after World War I. It was submit- ted to the National Diet in 1926. However, even such bureaucratically controlled trade union law was not established. Such high-handed policies toward workers and the idea of creating an industrial family exploiting the paternalis*tic consciousness of the workers become intensified after the outbreak of war with China. At last, all labor dispute were virtually restricted. The administrative authorities encour*~ged the voluntary dissolution of trade unions and at the same time reorganized them into industrial patriotic leagues to make them l¥ cooperate in wartime production under the command of the employers. Consequently, when Japan was defeated, a few veterans of the old union movements survived and some tendency of sabotage was seen, but the tradition and experience of union movements had disa~peared. - 21 = Nothing but the idea and the framework of the industrial patriotic leagues remained within the enterprises. Of course, there was no legal tradition to promote union movements. The general weakness of consciousness as workers helped school teachers and public employees being unaware of their position as workers and strengthened their feeling as in privileged position. Such tendency prevented them from organizing trade unions. , (4) The fourth point is that the labor market, through public employment exchange agencies, was poorly developed, and that labor, similar to hard labor in prisons, was compulsory with labor recruitment organized on slave-dealer lines. Public employent agencies were not fully utilized. Workers were recruited on the spot or through relatives or acquaintances, partly because most of the workers came from agricultural districts. Not only women workers in the textile industry and men in the engineering and construction industries, but also workers in modern factories were employed through their relatives or acquaintances. Such methods of recruitment brought about profit- eering in selling jobs and thereby the exploitation of workers, a sy~stem known as 'Pin Hane'. As a result, the 'octopus rooms' in mines, prison rooms in the construction industries, and forced labor in the crabfishing (Kanik6-sen) and textile industries appeard. The Employ- ment Exchange Law of 1921 and the Fee Charging Employment Exchange Regulation of 1925 were in existence, but their effect ~were nugatory. Employment agencies were renam_ed labor mobilization offices during the war, and played an important role in the drafting and mobilization of labor under the National Mobilization Law. The , above mentioned chacteristics made the post-war labor legilsation an epoch-making developmen,. ~~ 2. Post-war Labor Legislation and its Development (1) The 'enforcement of the Trade Union, Law and the enactment of the Labor Relations Adjustment Law in 1946, and the enactments of the Labor Standards Law, the Employment Security Law and the - 22 ~ Unemployment Insurance Law in 1947, together with the provisions of the Constitution, which guaranteed the right to live, work, Organize and act collectively, brougnt about a system in conformity with the recognition of fundamental labor rights. (2) During this time, however, the orders of the Occupation Forces, which superseded those of the Constitution, were effective. Consequently, regulations overriding those of the Constitution, as in the cases of the prohibition order for the Strike of Feb. 1, 1947, and the prohibition order for the public service employees strike in July 1948, were put into force. The initial policy of the Occupation Forces was to promote union movements, but soon it was changed to one of suppressing such movements. Since the prohibition order for the public service employees' strike (Cabinet Order No. 201) was enforced, th_e labor legislation has been reformed in confonnity with this order, even in this field of the national laws under the Constitution. The present National Public Service Law, Public Corporations and National Enterprises Labor Relations Law, Lacol Public Service Law, and Local Public En- terprises Labor Relations Law are concrete results of this reformation. The_re are two major characters of this legislation. One is that the application of the Trade Union Law to the public service em- ployees and public enterprise employees was excluded and that the application of the Labor Standards Law to the public service employees was also excluded. The trade union of th_ese employees was divided and organized according to the aD. plication of these laws. The other is that these workers' right to strike was denied and the ri**ht to bargain collectively was ,restricted. This brought an intensifi**d movement for the ratification of the ,ILO Convention ~~f No. 87, and became the cause of today's labor mov**m~nts to recover the fundamental labor rights. (3) Japan was liberated f_rom occupational status- with the conclusion of the San Francisco Peace Treaty in 1952. In order to conclude this treaty, efforts were made to convert various cabinet - 23 - orders issued during the occupation days into national laws under the leader-*,hip of General Ridgeway, supreme commander of the A1lied Powers. As a part of this step laws and regulations concerning labor were re-examined and amended in 1952. But, it brought the change only to the form, Ieaving the substance in fact. The exercise of the right to organize and act collectively was still restricted to a certa_in degree . (4) Since then, the restriction of the right of workers to organize and to act collectively h8_s been strengthened through the enactment of the Strike Regulation LavJ and various adrninistrative controls. In order to cope with this trend, the Japanese trade unions have actively engaged in movements for demanding legislation to guarantee the exercise of the fundamental labor rights. It was as a result of these movements that they presented their case to the Committee on the Freedom of Association of the International Labor Organization several times. The ILO Convention No. 87 was ratified in 1965, but the movement for the attainrnent of fundamental rights of laborers_ has still been in process. III Outline of the Legal System 1 . Right to Organize The right of workers to organize is guaranteed as one of the fundamental human rights by Article 28 of the Constitution. Therefore, any la"w~ or order which infringes upon the right to organize is uncon- stitutional and invalid. There are, in fact, many laws and ordinances which restrict or prohibit the right of workers to organize, and the Japanese courts have not declared these laws and ordinances to be unconstitutional and invalid. However, the Government was warned by the ILO that some of these laws and ordinances were in conflict with the main principles of the freedom of association. As a result, the government has promised to ratify the ILO Convention No. 87 (a convention for the freedom of association and the protection of - 24 ~ the right to organize, 1948) and to repeal Article 4, para*-raph 3 of the Public Corporations and National Enterprises Labor Relotions Law and other provisions which are contrary to the convention. Ratification delayed several years and was finally accomplished after the Governing Body of the International Labor Organization estab- lished a fact-finding and conciliation commission on freedom of association in order to investigate the situation in Japan and sent the commission to Japan. However, as mentioned earlier in the chapter on source of law, the amendment of various laws made in the *"uise of following the principles of the ILO Convention No. 87 was not satisfactory to elimi- nate all of the existing restrictive provisions on right to organize etc. Instead, further restrictions seem to have been added. After all, the right to organize in Japan (~s well as the ri**ht to bargain and act collectively) has a disagreeable character because it is restricted sub- stantially by various statues disregarding the spirit of the Constitution. These restrictive provisions are censured for their unconstitutionality. Under the present labor legislation concerning the right to organize, workers are divided into the following three principal groups : (A) workers in private enterprises (the Trade Union Law and the Labor Relations Adjustment Law) ; (B) employees of public corporations and national public service personnels of national enterprises (the Public Corporations and National Enterprises Labor Relations Law) and local public service personnels employed in local public enterprises (the Local Public Enterprises Labor Relations Law); 2. Right to Bargain Collectively By the constitutional guarantee of the right to bargain collective- ly, proper collective bargaining does not constitute a criminal offence. In addition, Article 7, item 2 of the Trade Union Law prohibits an employer from refusing to bargain collectively with the representative of the workers employed by the employer concerned without fair and appropriate reasons. Procedures for ~emedy are the same as the cases mentioned previously. However, there are various restrictions to the B and C groups. For the B group, matters concerned with working conditions may be subjected to collective bargaining and may be provided for in l¥ a collective agreement, but matters affecting the management and operation of public corporations and national enterprises are excluded from collective bargaining. Any agreement (also any award of the Labor Relations Board), which involves the expenditure of funds, neither available from the appropriate corporation budget nor from - 29 ~ corporation funds, does not bind the Government nor local public entity concerned, and does not become effective, unless it is approved by the Diet or the assembly of the local public entity. For C group, the employees' union may bargain collectively with the authority concerned on matters related to working conditions and other proper matters, including social and public welfare activi- ties, but may not conclude any colletive agreement. Only the local public service employees' union may conclude a written collective agreement with the authority of the local public entity concerned, provided that it is not in conflict with the laws, ordinances and regulations of the said local public entity and rules of the organiza tions of the said local public entity. The remedial provision for refusal of collective bargaining is not provided. Moreover, the amended law, the enforcement of which is postponed allows the authority easily to find a pretext for refusing collective bargaining by listing the detailed conditions of collective bargaining such as the objects, the other party, procedure and method of bargaining which permit the authority may break off negotiations if the employees' union fails to meet these conditions. 3. Right to Dispute The right of wokers to dispute is the key of the right to act collectively guaranteed by Article 28 of the Constitution. In order to realize the constitutional guarantee, the Trade Union Law provides that proper acts of dispute are not subjected to criminal or civil liability even thou*'h these acts fall under the Criminal Law and other laws and regulations, and that the employer must not give discriminatory treatment to a worker by reason of his having t performed proper acts of dispute. The Supreme Court has expressed its opinion on acts of dispute declaring that the essence of a strike is the nonfulfilment of the obligation of workers to offer services imposed upon them by labor contracts, and regards a sitting-down of union members to stop other - 30 - persons from working as a proper act under certain circumstances. However, there are many laws and regulations which restrict or ban acts of dispute. As for A group, these include : (1) restriction of acts of dispute which hamper or cause the stoppage of normal maintenance or operation of safety precautions ; (2) the notification of acts of dispute in public utilities ; (3) the prohibition of acts of dispute for 50 days in case of emergency adjustment (see p. 4 above) ; (4) Article 30 of the Seamen's Labor Law, a special provision for seamen, providing that acts of dispute are prohibited while a ship is in a foreign port or when human lives or a ship are in danger by th_e said act of dispute ; and (5) the restriction of acts of dispute in electric enterprises and coal mining industries (see p. 8 above). As to B and C groups (employees of the public corporations and national enterprises and public service employees), acts of dispute including conspiracy and instigation are fully prohibited. However, the amendrb:ent of the Public Corporations and National Enterprises Labor Relations Law and Local Public Enterprises Labor Relations Law extends the prohibition of conspiracy and instigation to "members and officers of unions" in addition to "employees" Under the gurse of making necessary improvement and amendment to existing laws in line with ILO Convention No. 87, restrictions on acts of dispute were not eliminated. Efforts were made only to lessen the effect of deleting Article 4, paragraph 3 of the Public Corporations and National Enterprises Labor Relations Law, etc. 4. Labor Relations Adjustment Since the right of workers to engage in acts of dispute is guaranteed, interference of the State in its exercise must be withheld. Accodingly, the present labor relations adjustment system aims to l¥ adjust disputes between workers and employers through the establish- ment of agencies for autonomous adjustment-Articles 2 and 4 of the Labor Relations Adjustment Law. And, the Government is under an obligation to assist the parties concerned to adjust labor relations - 31 - and thereby prevent the occurrence of acts of dispute-Article 3. Actually this is carried out by the conciliation, mediation and arbitration of the Central and Local Labor Relations Boards. Conciliation is a means of adjusting labor relations. In this case the conciliator appointed by the chairr~an of the competent Labor Relations Board endeavors to cont'~6t both parties, ascertains their respective points of view and assists them in arrhring at a settlement. Conciliation is begun upon the request of both or one of the parties or on thairman's own initiative. Mediation is carried out by a Mediation Committee consisting of the committeemen representing the employers, workers and public interest. The Mediation Committee has the power to draft a proposal for settlement, present it to and recommend the parties concerned to accept it and to publish the proposal for settlement together wi th a statement of the reasons. The conditions under which mediation may be started are stricter than those for conciliation. Mediation is carried out usually when a request for mediation has been made to the Labor Relations Board by both parties concerned, or one of the parties in case where such request is made in accordance with the collective agreement. However, when in a case involving public utilities, mediation is carried out upon the request of either one of the parties concerned, or at the Board's own initiative, or upon the request for mediation by the Labor Minister or the prefectural governor. Thi_F~ last condition includes cases that would have a wide effect or would involve work of a special nature and would seriously threaten public welfare. Arbitration is carried out by an Arbitration Committee consisting of three committeemen designated by the chairman of the Labor ~i Relations Board rrom among the members or the Special Adjustuent Committeemen, representing public interest. The arbitration award has the same effect as a collective agreement and binds both parties concerned. Therefore, the conditions under which al~bitration may be resorted to are much more strict than those for mediation. -32- Arbitration is carried out only when a request for arbitration has been made by both parties concerned, ¥ or one of the parties when the request is based on the provisions of the collective agreement. Meanwhile, when the Prime Minister, deems that because a dispute affects the public utilities, or is of a large scale, or is related to work of a special nature, and the suspension of operation of the work, arising from an act of dispute, seriously threatens the national economy or the daily life of the nation, he may decide on an emergency adjustment only when there exists such a danger, after cosulting the Central Labor Relations Board. In this case, the Central Labor Relations Board may, to settle the dispute concerned, take the measures for conciliation, mediation and, in c~ses coming under the conditions mentioned above, arbitration. In addition, the Board may investigate and publicize fact of the case, and recommend measures deemed necessary for the settlement of the case. When the emergency adjustment has been publicized, the parties concerned are forbidden to resort to any act of dispute for 50 days from the day of its publ'cation. The above mentioned are for the general private industries (A group). In the case of the employees of the public corporations and national enterprises under the application of the Public Corpora- tions and National Enterprises Labor Relations Law, conciliation, mediation and arbitration are undertaken by the Public Corporations and National Enterprises Labor Relations Board. The conditions under which conciliation may be started are the same as those for private industries, and the conditions to start mediation are approxi- mately the same as those for public utilities. However, as to arbitration, the so-called compulsory arbitration is authorized in ~ll connection with the prohibition of the acts of dispute. In this case the application for arbitration of the parties concerned is not neces- sary. That is, arbitration may be commenced when either of the parties concerned has applied for arbitration two months after the conciliation or mediation has been started, when the Board has - 33 - decided that it is necessary to undertake arbitration regarding a case on which the Board has been undertaking conciliation or mediation, and when the competent minister has requested the Board to under- take arbitration. Arbitration is undertaken by the Arbitration Committee established for the case concerned and composed of the members of the Board representing public interest and appointed without the consent of the parties concerned. For the effect of the arbitration, see p. 6 above. These procedures are also applied to local public service employees under the application of the Local Public Enterprises Labor Relations Law, but as in case of private industries, conciliation, mediation and arbitration are undertaken by the Labor Relations Board. In the case of public service employees of C group, the labor relations adjustment system is not established. 5. Labor Standards As to labor standards, the Trade Union Law recognizes the binding force of collective agreements, and makes such agreements binding upon other laborers of similar kind under certain conditions. The law aims at maintaining and improving labor standards by the collective power of laborers. On the other hand, the Labor Standards Law provides a minimum standard of working conditions under the legal principle provided by the Constitution. This Law applies to all industries except for enterprises or offices employing only relatives living with the employer as family members and domestic employees in homes. However, only some of the provisions of the Labor Standards Law are applicable to national public service employees by analogy, and are partially applicable to local public service employees and seamen under the Seamen's Labor Law. The Labor Standards Law declares that working condition*_ must enable a worker to live a life worthy of a human being. The provisions concerning minimum standards of working conditions aim to be the same level as the international minimum standards set - 34 - forth by ILO conventions and recommendations, these stipulate eight working hours a day or 48 hours a week, one rest day per week, annual vacations with pay. However, these principles are not strictly enforceable since a number of exceptions are provided, as to working hour for example, there is a provision which enables the employer to extend working hour if he is sanctioned to do so by the adminis- trative ordinance, and there are many enterprises in which 9 or 10 working hour have been authorized. Refer the Enforcement Ordinance of Labor Standards Law. As to wages, the Minimum Wages Law was established in 1959, but the amount of the minimum wage is decided mainly by an inter-enterprise agreement, and the workers concerned can not participate in the decision on the minimum wage. 6. Social Security System The Japanese social security system consists of a series of laws that vary according to objects. As to social insurance : by the amendment of the People's Health Insurance Law, cities, towns, villages and certain city wards have become responsible for the people's health insurance as the insurers since April 1961, and by the establishment of the People's Pension Law, collection of the premiums began in the same month, and thus the univers-al health insurance and pension system have been established. However, medical examination and treatment under the health insurance are restricted in many ways by the Regulations for Medical Examination and Treatment established by the Minister of Welfare from the financial standpoint. There is much that can be criticized in this restricted medical examination and treatment. As to the people's pensions, an old age pension is only 3,500 yen a month for an insured person who has paid primums for 40 years. The Livelihood Protection Law aims to guarantee a minimum standard of livelihood for perpole who are in needy circumstances, and provides that the amount of the allowance decided by the Minister - 35 - of Welfare must be sufficient to them to maintain a_ minimum standard of living. However, the standard of protection actually providecl by the administrative agency is far lower than the legal standard. For instance, according to a case litigated in court, to persons who require aid and have been in hospital or an institution for more than three months, a maximum of 600 yen only a month was granted for essential articles. This amount was considered to be ille*aal by the Tokyo District Court on October 19, 1960 because it is not sufficient to maintain the minimum standards of wholesome and cultured living. The Government appealed against this decision. The Tokyo High Court decided that although the standard was unreasonable, it was not illegal. By further appeal, the case is now pending at the Supreme Court. IV. Statistics Tabl, e I Number of Single Unions and Union Members (AS of the End of June) number of estimated ratio number of number of increase over year single unions of organization nuion members preceding year 1955 18,013 6 , 285 , 878 210 , 132 37 . 8~ 1956 18 , 935 6 , 463 , 1 18 177 , 240 35 . 4 1957 19 , 297 6 , 762 , 601 299 , 483 35 . 5 l 958 20 , 132 6 , 984 , 032 221 , 431 34 . 7 1959 20 , 725 7 , 211 , 401 227 , 369 33 . 6 1960 21 , 957 7 , 661 , 568 450 , 167 33 . 8 1961 24 , 237 8 , 359 , 876 698 , 308 36 . 1 1962 24 , 899 8 , 971 , 156 611 , 280 36 . 2 1963 25 , 844 9 , 357 , 179 386 , 023 36 . 1 1964 27 , 141 9 , 799 , 653 442 , 474 36 . 3 (Remarks) Based on the Report on Basic Survey of Trade Union Compiled by the Ministry of Labor. 2. Extracted from the Japanese Labor Year Book 1966, p. 202, edited by the Ohara Social Research Institute of Hosei University. ~ 36 - Table 2 Number of Trade Unions and of Union Members under Each Applicable Law June 1960 June 1961 Laws A p plicable Number of Number of Number of Union Number of Union Unions Members Union Members Total 21 , 957 7 , 661 , 568 24 , 237 8 , 359 , 876 (100 . O) (100 . O) (100 . O) (100 . O) Trade Union Law 17 , 931 5 , 061 , 601 20 . 043 5 , 649 , 018 (81 . 7) (66 . 1) (82 . 7) (67 . 6) Public Corporations and 47 929 , 666 77 953 , 012 National Enterprises (O . 2) (12 . 1) (O . 3) (11 . 4) Labor Relations Law Local Public Enter- 377 130 , 104 396 154 , 285 prises Labor Rela- (1 . 7) (1 . 7) (1 . 6) (1 . 8) tions Law National Public Service 281 278 , 872 281 287 , 748 Law (1 . 3) (3 . 6) (1 . 2) (3 . 4) Local Public Service 3 , 321 1 , 261 , 325 3 , 440 1 , 315 , 813 Law (15 . 1) (16 . 5) (14 . 2) (15 . 7) (Remarks) 1. ( ) =per cent 2. Figures obtained from statistics concernmg single trade unions. 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(1960) Ins pection Special Periodic Ins pection Saf ety Other Total No. of Ins pection u pon re peated Ins pection Enter prises Request Ins pection 135 , 909 18 , 517 30 , 746 42 , 575 41 , 106 1 , 541 , 268 , 853 769 (Remarks) Extracted f ro m the Japanese Labor Year Book 1963, p. 272. Table 6 Rate of Violations in Substance discovered by Periodic Inspection (By the Size of Enterprises) (1960) No. of Enterprises 1-9 More No. of 10-99 than 100 Total Violating where Inspectionj Persons Persons Persons Entr prises was carried out: 57 , 1~ 59 . 1~ 48 . 3~ 57 . 2~ 77 . 795 135 , 909 (Remarks) Extracted f rom the Ja panese Labor Year Book 1963, p. 273 , ~ - 40 -