What is Japanese labour law ?

It is considered the supreme law of the nation and the Emperor as well as the legislative, executive and judicialpowers must respect and uphold it (Art. 99 of the Constitution). According to this constitution, the Emperor has only a sybolic and formal function.

The legislative power is vested in the Diet (KOKKAI), which consists of two houses, the House of Councillors (Sangiin) and the House of Representatives (Shugiin).

As a general rule, a bill becomes a law merely by passing both houses.

If a bill has passed the House of Representatives but is defeated in the House of Councillors, it can become law if passed a second time in the House of Representives with two-thirds of all members present.

If a bill has passed the House of Representatives but is defeated in the House of Councillors, it can become law if passed a second time in the House of Representives with two-thirds of all members present.

However, both houses are popularly elected. As Japan is divided into prefectures, the membership is largely based on proportional representation from prefectural districts.

Only half of the members who belong to the House of Councillor are elected from the nation at large.

The members of both houses also have limited terms of office. Members of the House of Councillors are elected to six year terms, and members of the House of Representatives serve four year terms.

The House of Representatives may also be dissolved at any time by the government.

The executive power is made up of the Cabinet, which is headed by the Prime Minister.

The executive power is made up of the Cabinet, which is headed by the Prime Minister.

The Prime Minister is designated by the Diet and must, like the majority of the appointed Ministers, be from among the Diet's ranks

The Cabinet's members do not have constitutionally limited terms of office but must resign at the request of the Diet.

The Supreme Court (Saiko Saibansho) and a number of inferior courts are vested with the judicial power.

All judges are granted complete independence in decision making.

The Supreme Court has the rule making power and is considered court of last resort, that determines the constitutionality of any law, order and regulation.

It is made up of 14 judges who are designated by the Cabinet and a Chief Judge.

The latter is appointed by the Emperor who must follow the Cabinet's designation.

Each of the inferior courts are under the control of the Supreme Court which nominates as well the candidates for the post of judge.

Fundamental labour standards are granted in the Constitution.

the right and the obligation to work

a ban on child labour

the freedom of workers' association - the worker's right to organize, to bargain and to act collectively

Concerning individual labour law, it is stipulated that wages, hours, rest and other working conditions be fixed by law

Japanese labour law is established within this constitutional framework. It is elaborated by acts, ordinances, collective agreements and work rules.