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Employment Law in Japan - Essay Example

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This paper “Employment Law in Japan” will focus on employment law as an area of commercial law in particular reference to Japan. It will explain how the law was selected adopted into the domestic legislation of Japan; what was origin of employment law…
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Employment Law in Japan
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Download file to see previous pages Most of the day- to- day labor issues in businesses is under the Labor Standards Law. Under the labor and employment law in Japan issues such as sanitation and safety have been covered (Takaya et al, 2009). Besides, the law gives the employer discretion and freedom in hiring, but disallows discrimination against and applicants or employees. Also, it has a provision requiring the employer to terminate employment of an employee on reasonable and objective grounds only. Matanle argues that it also provides for employment work and contract rules such as place of employment, working hours, and wages among others. Moreover, it has a provision that requires that all employees in Japan should be entitled to join pension insurance schemes and social health insurance, as well as providing for unemployment and accident insurance.
So, how was employment law selected and adopted into the legislation of Japan? Labor Standards Law, which is Japan’s main employment legislation was enacted for the first time in 1947 and has been amended several times since then. The basics of this law are established in the Japanese Constitution, which derives most of its provisions from the United States Constitution (Milhaupt et al, 2001). That is why the Japanese employment bears a lot of similarities with the United States’ employment law. Employment law adopted into the legislation of Japan has three major categories, namely; labor relations, trade unions, and labor standards. Article 623 of the Japanese Civil Code recognizes employment contract. In regard to the origin of Japanese employment, it is important to remember that this law derives a lot from the United States Constitution. It is worth to note also that prior to the end Second World War, the Japanese employment law had not sufficiently developed; there were a few laws that regulated labor relations such as determination of number of working hours, minimum safety standards, and protecting minor laborers (Tsuneki and Matsunaka, 2011). The Japanese employment law as it is now can trace its origin after the Second World War where the Allied High Command promoted workers’ ...Download file to see next pagesRead More
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