Title

Popular participation in labour law: the new labour dispute resolution tribunal

Date of this Version

2015

Document Type

Book Chapter

Publication Details

Citation only

Araki, T., & Wolff, L. (2015). Popular participation in labour law: the new labour dispute resolution tribunal. In L. Wolff, L. Nottage, & K. Anderson (Eds.), Who rules Japan? Popular participation in the Japanese legal process (pp. 45-62). Cheltenham, United Kingdom: Edward Elgar Publishing

Access the publisher

2015 HERDC submission

© Copyright, The Editors and Contributors Severally, 2015

ISBN

9781784717490

Abstract

The Labour Tribunal Law (No. 45 of 2004) ushered in a new court-annexed dispute resolution system for industrial relations disputes in Japan (outlined generally in Sugeno, 2004). Similar to the lay judge system for criminal trials (Johnson and Shinomiya, Chapter 2), the new tribunal adopts an adjudicative model that blends professional and lay expertise with decisions heard by tripartite panel comprising a professional judge and two lay judges recommended by management and labour unions respectively. The new tribunal system came into operation on 1 April 2006. Japan has never maintained a separate system of specialist courts for resolving labour disputes. This contrast with Europe where lay justice, comprising representative input from management and labour, is the norm. For example, the labour court in Germany (Arbeits-gericht) and the employment tribunals in the UK are tripartite bodies; the labour courts in France (conseil de prud’hommes) are bipartite.

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This document has been peer reviewed.