Published: 2004
Key Benefits:
Act on Promoting the Resolution of Individual
Labor-Related Disputes
(Act No. 112 of July 11, 2001)
(Purpose)
Article 1 The purpose of this Act is to promote the prompt and appropriate
resolution, adapted to their actual circumstances, of individual disputes
between individual workers and business operators with respect to working
conditions and other matters concerning labor relationships (including disputes
between individual job applicants and business operators with respect to
matters concerning the recruitment and employment of workers; hereinafter
referred to as "individual labor-related disputes") through the establishment of
a system of mediation and so forth.
(Voluntary Resolution of Disputes)
Article 2 If an individual labor-related dispute arises, the parties to said
individual labor-related dispute shall endeavor promptly and in good faith to
achieve a voluntary resolution.
(Such as Provision of Information to Workers and Business Operators, etc.)
Article 3 The Director of the Prefectural Labor Bureau, in order to prevent the
occurrence of individual labor-related disputes, and to promote the voluntary
resolution of individual labor-related disputes, shall provide workers, job
applicants and business operators with information on matters concerning
labor relationships and matters concerning the recruitment and employment of
workers and give consultations and other assistance.
(Advice and Guidance to Parties)
Article 4 (1) In a case where the Director of the Prefectural Labor Bureau is
requested by one or both parties to an individual labor-related dispute (except
disputes which are labor disputes prescribed in Article 6 of the Labor
Relationships Adjustment Act (Act No. 25 of 1946) and disputes prescribed in
Article 26, paragraph 1 of the Act on the Labor Relationships of Specified
Incorporated Administrative Agencies, etc. (Act No. 257 of 1948)) for assistance
in the resolution thereof, the Director may give necessary advice or guidance to
the parties to said individual labor-related dispute.
(2) If the Director of the Prefectural Labor Bureau finds it necessary in order to
provide the advice or guidance set forth in the preceding paragraph, the
Director shall solicit the opinions of persons who have broad knowledge of
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industrial society and have expert knowledge of labor issues.
(3) A business operator shall not dismiss or otherwise treat a worker
disadvantageously by reason of said worker having requested the assistance
set forth in paragraph 1.
(Delegation of Mediation)
Article 5 (1) In a case where one or both parties (hereinafter referred to as
"disputing parties") to an individual labor-related dispute set forth in
paragraph 1 of the preceding article (except disputes with respect to a matters
concerning the recruitment and employment of workers) files an application for
mediation with respect to said individual labor-related dispute, if the Director
of the Prefectural Labor Bureau finds it necessary for the resolution of said
individual labor-related dispute, the Director shall have the Dispute
Coordinating Committee conduct mediation.
(2) The provision of paragraph 3 of the preceding article shall apply mutatis
mutandis to a case where a worker files the application set forth in the
preceding paragraph.
(Establishment of Committee)
Article 6 (1) Dispute Coordinating Committees (hereinafter referred to as
"Committee") shall be established in Prefectural Labor Bureaus.
(2) The Committee shall be the organ that conducts the mediation set forth in
paragraph 1 of the preceding article.
(Structure of Committee)
Article 7 (1) The Committee shall be composed of no fewer than three persons
within the number of persons fixed by Cabinet Order.
(2) Committee members shall be appointed by the Minister of Health, Labor and
Welfare from among persons with relevant knowledge and experience.
(3) The Committee shall have a Chairperson, who shall be elected from among
the Committee members.
(4) The Chairperson shall preside over the work of the Committee.
(5) If the Chairperson is incapacitated, another Committee member elected from
among the Committee members in advance shall represent the Chairperson in
performing such duty.
(Term of Office of Committee Member)
Article 8 (1) The term of office of a Committee member shall be two years;
provided, however, that the term of office of a member who fills a vacancy shall
be the remaining term of such predecessor.
(2) A Committee member may be reappointed to office.
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(3) A Committee member shall carry out his duties until his successor is
appointed.
(4) A Committee member shall serve part-time.
(Disqualification of Committee Member)
Article 9 (1) A person to whom any of the following items applies may not
become a Committee member:
(i) a person who has been bankrupt and has not had restoration of rights; or
(ii) a person who has been sentenced to imprisonment or severer punishment
and for whom five years has not passed since either execution of the sentence
was completed or conclusion of being subject to the execution of the sentence.
(2) If a Committee member comes under the application of any of the items of the
preceding paragraph, the member shall lose his position as a matter of course.
(Dismissal of Committee Member)
Article 10 If a Committee member comes under the application of any of the
following items, the Minister of Health, Labor and Welfare may dismiss him:
(i) the Committee member is found unable to perform his duties due to a
mental or physical disorder; or
(ii) the Committee member is found to have committed a violation of obligation
in the course of duties or other misconduct unbecoming to the member.
(Meetings and Resolutions)
Article 11 (1) The Chairperson shall convene meetings of the Committee.
(2) The Committee may not hold a meeting and adopt a resolution unless the
Chairperson or the person who substitutes for the Chairperson pursuant to the
provisions of Article 7, paragraph 5 and a majority of Committee members
attend.
(3) The agenda items of meetings of the Committee shall be decided by a majority
of Committee members present; however, in the event of a tie, the Chairperson
shall decide.
(Mediation)
Article 12 (1) Mediation by the Committee shall be conducted by three mediation
members whom the Chairperson designates for each case from among the
Committee members.
(2) Mediation members shall conduct mediation between the disputing parties,
confirm the main points of the claims of both parties and endeavor so that the
case is resolved in accordance with the actual circumstances thereof.
Article 13 (1) In addition to hearing the opinions of the disputing parties, the
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mediation members may, as necessary, hear the opinions of witnesses, or
request that these persons submit written opinions, prepare a mediation plan
necessary for the resolution of the case, and present it to the disputing parties.
(2) The mediation plan set forth in the preceding paragraph shall be prepared
with the unanimous approval of all mediation members.
Article 14 If it is found necessary based on the application of a disputing party,
the mediation members shall hear opinions with respect to said case from
representatives of relevant workers or representatives of relevant business
operators who are designated by major labor organizations or business
operator organizations within the area of jurisdiction of the Prefectural Labor
Bureau where said Committee is established.
Article 15 If the mediation members find that there is no prospect of resolving
the dispute by mediation, they may discontinue mediation.
(Interruption of Prescription)
Article 16 In a case where mediation is discontinued pursuant to the provision of
the preceding article, if the person who applied for said mediation files a
lawsuit with respect to the claim that was the subject of the mediation within
30 days from receiving notice of such discontinuation, then for the purposes of
interruption of prescription, the lawsuit shall be deemed to be filed at the time
of the application for mediation.
(Requests for the Offering of Material, Etc.)
Article 17 If the Committee finds it necessary for the resolution of the case
pending in said committee, it may request the offering of material and other
necessary cooperation from relevant administrative agencies.
(Reports on the Status of Mediation)
Article 18 The Committee shall, pursuant to the provision of Ordinance of the
Ministry of Health, Labor and Welfare, report to the Director of the Prefectural
Labor Bureau with respect to the status of mediation.
(Delegation to Ordinance of Ministry of Health, Labor and Welfare)
Article 19 In addition to what is provided for in this Act, necessary matters
concerning the Committee and the procedures of mediation shall be prescribed
by Ordinance of the Ministry of Health, Labor and Welfare.
(Measures by Local Government)
Article 20 (1) In cooperation with the measures of the National government,
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local governments, in accordance with the actual circumstances of said
relevant area, in order to prevent the occurrence of individual labor-related
disputes, and to promote the voluntary resolution of individual labor-related
disputes, shall endeavor to promote the provision of information, consultations,
mediation and other necessary measures to workers, job applicants and
business operators.
(2) In order to support the measures taken by local governments set forth in the
preceding paragraph, the National government shall provide information and
take other necessary measures.
(3) In the case where a Prefectural Labor Relations Commission receives the
delegation of the governor based on the provisions of Article 180-2 of the Local
Autonomy Act (Act No. 67 of 1947) and takes the measures prescribed in
paragraph 1, the Central Labor Relations Commission may give said
Prefectural Labor Relations Commission necessary advice and guidance.
(Special Provisions Concerning Mariners)
Article 21 (1) Concerning mariners prescribed in Article 6, paragraph 1 of the
Mariners Employment Security Act (Act No. 130 of 1948) and persons seeking
to become mariners as prescribed in the same paragraph, the term "the
Director of the Prefectural Labor Bureau" in Article 3, Article 4, paragraphs 1
and 2 and Article 5, paragraph 1 shall be deemed to be replaced with "the
Director of the Local Transport Bureau (including the Director of Transport
Administration)," and the term "shall have the Dispute Coordinating
Committee conduct mediation" in the same paragraph shall be deemed to be
replaced with "shall delegate mediation to the Local Labor Relations
Commission for Mariners".
(2) The provisions Article 6 to Article 19 inclusive shall not apply with respect to
mediation that the Local Labor Relations Commission for Mariners conducts
pursuant to the delegation pursuant to the provision of Article 5, paragraph 1
as replaced pursuant to the provisions of the preceding paragraph.
(3) The work of the mediation set forth in the preceding paragraph shall be
conducted by three mediation members whom the chairperson of said Local
Labor Relations Commission for Mariners designates for each case from among
members of the public. In this case, if it is found necessary based on the
application of a disputing party, the said mediation members shall hear the
opinions with respect to said case from members that the chairperson of said
Local Labor Relations Commission for Mariners designates from among the
employer members and labor members.
(4) The provisions of Article 12, paragraph 2, Article 13 and Articles 15 to 19
inclusive shall apply mutatis mutandis with respect to the mediation set forth
in paragraph 2. In this case, the term "committee" in Articles 17 and 18 shall
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be deemed to be replaced with "Local Labor Relations Commission for
Mariners"; the term "the Director of the Prefectural Labor Bureau" in the same
article shall be deemed to be replaced with "the Director of the District
Transport Bureau (including the Director of Transport Administration)"; the
term "Ordinance of Ministry of Health, Labor and Welfare" in the same article
and Article 19 shall be deemed to be replaced with "Ordinance of the Central
Labor Relations Commission for Mariners"; and the term "the Committee and
mediation" in the same article shall be deemed to be replaced with "mediation".
(5) The authority of the Director of the District Transport Bureau (including the
Director of Transport Administration) prescribed in Article 3, Article 4,
paragraphs 1 and 2, and Article 5, paragraph 1 as replaced pursuant to the
provisions of paragraph 1, and Article 18 as replaced and applied mutatis
mutandis pursuant to the provisions of the preceding paragraph may, pursuant
to the provision of the Ordinance of Ministry of Land, Infrastructure,
Transport and Tourism, be delegated to the Transport Bureau Chief or the
head of office of District Transport Bureau, Transport Administration, or the
Transport Bureau.
(Exclusions from Application)
Article 22 This Act shall not apply with respect to national public officers or
local public officers; provided, however, that this shall apply with respect to
disputes concerning the working conditions of employees prescribed in Article 2,
item 4 of the Act on the Labor Relationships of Specified Incorporated
Administrative Agencies, etc.; enterprise employees prescribed in Article 15,
paragraph 1 of the Local Public Enterprise Act (Act No. 292 of 1952);
employees prescribed in Article 47 of Local Incorporated Administrative
Agency Act (Act No.118 of 2003) and local public officers who belong to the
regular service hired to perform simple tasks as prescribed in Article 57 of the
Local Public Officers Act (Act No. 261 of 1950) and who are not employees
prescribed in Article 3, paragraph 2 of the Local Public Enterprise Labor
Relationships Act (Act No. 289 of 1952).
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