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Labor issue paper - Essay Example

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A Study of Modernization of Industrial Relations in Japan: Focusing on Dismissal Disputes and Legal Proceedings Junko Hirasawa1 Abstract: When compared with remedies for unjust dismissal in other countries, it is safe to say that in Japan remedies are typically reinstatement-centered…
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Download file to see previous pages Analysis of resemblance in cases where workers were reinstated and kept on the payroll, and features of cases where workers resigned, despite their intention to return, revealed that whether or not the workers were allowed an opportunity to argue about labor conditions with their employer in a group before their dismissal probably has a significant effect on the possibility of reinstatement. 1. Introduction Based on cross-country comparisons regarding which out of compensation and reinstatement is primarily granted as a remedy for unjust dismissal, it was revealed that remedies in Japan are reinstatement-centered. A ranking on a scale of one to four regarding the possibility of reinstatement in cases of unjust dismissal among 40 OECD and non-OECD countries shows that 9 countries, including Japan, are ranked first as countries where reinstatement is possible on almost every occasion. Some of the 9 countries also offer options for compensation depending upon types of dismissal and intent of workers2. However, in Japan, reinstatement is always possible regardless of types of dismissal and intent of workers and, therefore, it is safe to say that remedies in Japan are reinstatement-centered. In Japan, courts have decided that dismissal without rational reasons and social adequacy is not valid. Also, workers unjustly dismissed in Japan may claim compensation for damages. Further, it has been said that many workers do not choose the option to return to their former employer or quickly resign after reinstatement even if the court rejects the dismissal as invalid. This goes to show that reinstatement-centered remedies do not always entail high rate of actual reinstatement. How often does reinstatement take place and what are the decisive factors of reinstatement possibilities? Driven by these questions in mind, the author investigated how often reinstatement is realized and the effectiveness of reinstatement remedies in the past3. Though direct investigation of dismissed workers was not possible in that investigative study, the author had a chance to hold interviews of dismissed workers later4. This study is aimed at describing decisive factors of possibilities of reinstatement5 that are implied by data acquired through the interviews survey. In Section 2, a brief overview of findings of Yamaguchi (2001) is provided and data used in this study are described. In Section 3, findings regarding the correlation between Japanese employment practices and reinstatement-centered remedies are reviewed. In Section 4 common factors among cases where returners keep working in their former organizations are considered. In Section 5, reasons workers did not return to their former positions despite their actions to the court for reinstatement are discussed. The last section is the conclusion. 2. Findings of Yamaguchi (2001) and Data Used in This Study For Yamaguchi (2001), the author could not directly contact the dismissed workers and, therefore, made questionnaire surveys and interviewed14 lawyers familiar with labor issues: 9 lawyers primarily working for workers and 5 lawyers primarily working for employers. This study defined the primary factors of possibilities of reinstatement as follows: (1) Employer factor: level of employer's acceptance of reinstatement; (2) Dismissed worker factor: (a) the fact that some workers seek to return to their job as a remedy but others do not, and (b) persistence ...Download file to see next pagesRead More
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