Skip to main content Accessibility help
×
Home
Hostname: page-component-59b7f5684b-b2xwp Total loading time: 0.898 Render date: 2022-09-29T22:37:13.089Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "displayNetworkTab": true, "displayNetworkMapGraph": false, "useSa": true } hasContentIssue true

9 - Workers and Competition Law in Japan

Published online by Cambridge University Press:  05 May 2022

Sanjukta Paul
Affiliation:
Wayne State University, Detroit
Shae McCrystal
Affiliation:
University of Sydney
Ewan McGaughey
Affiliation:
King's College London
Get access

Summary

In Japan, the Labour Union Act (LUA) guarantees workers the right to associate, bargain collectively and go on strike and the Antimonopoly Act (AMA) does not apply to these actions. To determine whether individuals constitute workers under the LUA, the court assesses multiple factors such as whether they are integrated into a business organisation and if the contract terms are unilaterally decided by the employers. Once they fall outside the definition of workers, their practices fall within the scope of AMA to the extent that they carry out the business as enterprises. Only a practice that has an anticompetitive effect is deemed unlawful under the AMA. With the increase of self-employed workers, the distinction between employee (worker) and enterprise has become blurred. There is also no precedent which indicates how the anticompetitive effect would be examined under the AMA in the case of collective actions of a sole-trader and other microenterprises. Although the AMA exempts the actions of cooperatives, the cooperative may be ill-suited for the selfemployed. These legal environments create serious uncertainty, which may deter taking collective action in order to establish fair trading and working conditions

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×