Trade Union Act 労働組合法

The statute that protects union organising and bargaining, and defines unfair labour practices. Also written rodo kumiai ho, rōdō kumiai hō, Labor Union Act, rokumiho.

Article 28 of the Constitution of Japan guarantees workers three rights: to organise, to bargain collectively and to act collectively, including striking. The Trade Union Act is the statute that makes those rights work. It was one of the first laws of the occupation era, enacted on 22 December 1945, and was rewritten in full in 1949. The current Act dates from that revision.

It does four main things. It defines a union: an organisation formed by workers on their own initiative, mainly to maintain and improve working conditions, and independent of the employer. A union that admits managers who represent the employer's interests, or that takes the employer's money beyond narrow exceptions such as office space, falls outside the definition. It protects union activity: proper union action is immune from criminal liability and from employer claims for damages. It lists the unfair labour practices that employers may not commit, enforced by the Labour Relations Commissions it establishes. And it gives collective agreements legal force, so that a term in an individual contract below the standard in the agreement is void.

Two features surprise foreign employers. There is no majority or certification threshold, so a union with a single member at the company has the same right to demand bargaining as one with a thousand. And there is no requirement to register: a union that meets the definition is protected, although it must show the Labour Relations Commission that it qualifies before using the commission's procedures.

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.