Most Japanese unions are enterprise unions, organised inside one company. A godo roso is the other kind: a union for a region or a sector, open to anyone, including employees of companies with no union at all. Many describe themselves as community or general unions, and some focus on foreign workers or particular industries.
The legal point is that Japanese law does not require a union to represent a majority before it can bargain. Every union has the right to demand collective bargaining on behalf of its members, and under Article 7 of the Trade Union Act an employer that refuses without proper reason commits an unfair labour practice. So when a single employee joins a godo roso, the union can send a formal demand for bargaining, and the employer must meet it and negotiate in good faith. It does not have to agree to the union's demands. Unfair labour practice complaints go to the prefectural Labour Relations Commission.
In practice, employees often join a godo roso when they are already in a dispute: after being asked to leave, after a dismissal, or over unpaid overtime. The union then takes up the individual's case. Tactics can include leafleting outside the office or at headquarters events.
What it means for a foreign employer
- Foreign subsidiaries are often approached. Small Japanese offices often have no union, no HR lawyer on call and a regional leadership unfamiliar with the rules, which makes them easier to pressure into a settlement.
- Do not ignore the letter. Refusing to meet, or sending only a regional manager with no Japanese, can turn an individual dispute into an unfair labour practice case.
- Bargain, but do not concede by reflex. The duty is to negotiate in good faith, explain your position and provide relevant information, not to accept demands.
- Prevention is cheaper. Many cases start with a poorly handled performance exit or an overtime claim.
Sources
- Trade Union Act, Articles 7 and 27.
- Constitution of Japan, Article 28.