Labour Relations Commission 労働委員会

The tripartite body that rules on unfair labour practices and mediates union disputes. Also written rodo iinkai, Central Labour Relations Commission, prefectural labour relations commission.

Each commission has three kinds of members in equal numbers: public interest members, usually lawyers and academics, members recommended by unions, and members recommended by employers. Only the public interest members decide unfair labour practice cases, but the other two sides take part in hearings and in settlement talks.

Their main legal job is to enforce Article 7 of the Trade Union Act. A union, or an individual worker, can file a complaint that the employer has treated someone worse for union membership or activity, refused to bargain in good faith, or interfered with or tried to control the union. The prefectural commission investigates, holds hearings and, if it finds a violation, issues an order, for example to bargain, to reinstate an employee with back pay, or to post a notice. A party that disagrees can ask the Central Labour Relations Commission to review the order within 15 days, or go to court. Many cases end in a settlement brokered by the commission before any order is made.

The commissions also offer conciliation, mediation and arbitration in collective disputes, such as a deadlock in pay talks. Some prefectural commissions also handle individual disputes, alongside the labour bureaus.

What it means for a foreign employer

Sources

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General information for employers, not legal advice. Thresholds and dates are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.