Labour Union Act (Rōdō Kumiai Hō)

The Labour Union Act (Rōdō Kumiai Hō) protects the right of workers to organise and engage in collective bargaining. Enacted in 1949, the Act guarantees the freedom to form and join labour unions, protects union activities from employer interference, and establishes the framework for collective bargaining and labour relations. The Act also regulates unfair labour practices by employers and provides for the resolution of labour disputes through mediation and arbitration.

Legal area: Law governing the relationship between employers and employees.

Year enacted: 1949

Full text: https://elaws.e-gov.go.jp/document?lawid=japan-labour-union-act

Key Provisions

• Article 1: Purpose (protecting workers’ rights to organise)
• Article 2: Definition of labour union
• Article 7: Unfair labour practices by employers
• Article 17: Prohibition of unfair labour practices by unions
• Article 26-27: Mediation and arbitration by Labour Relations Commission
• Part IV: Labour Relations Commissions (establishment and jurisdiction)

Significance

The Labour Union Act established the framework for industrial relations in post-war Japan. Japan’s enterprise-based union system, rather than industry-wide unions, developed under this Act. Union density has declined significantly since the Act’s enactment, from approximately 50% in the 1950s to under 20% today. The Act’s unfair labour practice provisions have been used to protect workers’ organising rights, though enforcement is challenged by the power imbalance between large employers and individual unions.