Download Japan Labor Issues Volume 1 Number 3 November-December, 2017 PDF

TitleJapan Labor Issues Volume 1 Number 3 November-December, 2017
LanguageEnglish
File Size3.4 MB
Total Pages146
Table of Contents
                            Japan Labor Issues Vol.1 No.3 Nov.-Dec.
CONTENTS
Preface
01 Korea | A Step against All or Nothing Policy
02 Taiwan | The Practice and Changes of Taiwan’s Labor Dispute Regulations Act
03 China | Draft Regulation on Employee Invention and Innovative Workers Protection in China
04 Japan | Changes in the Wage System in Japan:Circumstances and Background
05 Indonesia | The Development and Labor Situation in Indonesia
06 Philippine | Philippine Report on Employment Trends andPolicies: Can the Duterte Administration EndContractualization?
07 Malaysia | Report on Identifying Major Labour Policy Issues inMalaysia
08 Vietnam | Collective Bargaining and Collective Agreements in Vietnam: From Legislation to Practice
09 Australia | Leader or Laggard? Australian Efforts to Promote Better Working Conditions in Supply Chains within and beyond Australia’s Borders
10 Vietnam | Report on Vietnam’s Rules Regulating ForeignWorkers
11 Myanmar | Identifying Major Labour Policy Issues in Myanmar
12 Cambodia | Overview of Labor Legal Issues in Cambodia
13 Korea | A Review of the Government Intervention in Labor Relations through Guidelines
14 China | Labour Models in Local Daily Service Platforms:Current Situation and Challenges
15 India | Industrial Relations Situation in India: A Report
16 Taiwan | The Changes and Development of Collective Bargaining in Taiwan
17 Japan | Occurring throughout the Contemporary LaborWorld: Current Status of Research and Future Issues
Seminar Outline
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Document Text Contents
Page 1

● COUNTRY REPORTS
Sukhwan CHOI (Korea) A Step against All or Nothing Policy
Yu-Fan CHIU (Taiwan) The Practice and Changes of Taiwan's Labor Dispute

Regulations Act
Qian WEI (China) Draft Regulation on Employee Invention and Innovative

Workers Protection in China
Itaru NISHIMURA (Japan) Changes in the Wage System in Japan
Hayati HASIBUAN (Indonesia) The Development and Labor Situation in

Indonesia
Maria Catalina TOLENTINO (Philippines) Philippine Report on Employment

Trends and Policies
Mary TIONG (Malaysia) Report on Identifying Major Labour Policy Issues in

Malaysia
Trang TRAN (Vietnam) Collective Bargaining and Collective Agreements in

Vietnam
Ingrid LANDAU (Australia) Leader or Laggard? Australian Efforts to Promote

Better Working Conditions in Supply Chains within and beyond
Australia’s Borders

Hang TRAN (Vietnam) Report on Vietnam's Rules Regulating Foreign Workers
Eitra MYO (Myanmar) Identifying Major Labour Policy Issues in Myanmar
Kanharith NOP (Cambodia) Overview of Labor Legal Issues in Cambodia
Hochang ROH (Korea) A Review of the Government Intervention in Labor

Relations through Guidelines
Manxue YIN, Biqian ZHAO (China) Labour Models in Local Daily Service

Platforms
Girish BALASUBRAMANIAN, Manoranjan DHAL (India) Industrial Relations

Situation in India
Yueh-Hung HOU (Taiwan) The Changes and Development of Collective

Bargaining in Taiwan
Qi ZHONG (Japan) Atypical Work Organizations as a Social Phenomenon

Occurring throughout the Contemporary Labor World

Volume 1 Number 3

11・12
November-December 2017

ISSN 2433-3689

Japan Labor Issues

SPECIAL ISSUE
The 1st JILPT Tokyo Comparative
Labor Policy Seminar 2017
“Identifying Major Labor Policy
Issues in Contemporary World
of Labor — Commonalities and
Differences Crossing Regions
and Nations”

J
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Page 2

Japan Labor Issues
Editor-in-Chief
Kazuo Sugeno, The Japan Institute for Labour Policy and Training (JILPT)

Editorial Board
Mitsuji Amase, JILPT
Keiichiro Hamaguchi, JILPT
Hirokuni Ikezoe, JILPT
Harumi Muroyama, JILPT
Yuji Nochi, JILPT
Noboru Ogino, JILPT
Akiko Ono, JILPT
Koji Takahashi, JILPT
Tomohiro Takami, JILPT
Hiroko Uchida, JILPT

Editorial Advisors
Takashi Araki, The University of Tokyo
Souichi Ohta, Keio University

Editorial Office
The Japan Institute for Labour Policy and Training
International Research Exchange Section
8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502, Japan
TEL: +81-3-5903-6274 FAX: +81-3-3594-1113
For inquiries: [email protected]

Japan Labor Issues website
http://www.jil.go.jp/english/jli/index.html
To sign up for mail delivery service
https://www.jil.go.jp/english/emm/jmj.html

Published by
The Japan Institute for Labour Policy and Training
8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502, Japan
http://www.jil.go.jp/english/

ISSN 2433-3689
© 2017 by the Japan Institute for Labour Policy and Training
All rights reserved.

Printed in Japan.

Sign up for
Japan Labor Issues
Free of charge

“Japan Labor Issues” is a monthly
journal published by the Japan
Institute for Labour Policy and Training
(first issued in September, 2017).

We send you the latest issue via
email. Please register your email
address at:

https://www.jil.go.jp/english/emm/jmj.html

What is the Japan Institute for Labour Policy and
Training (JILPT)?
JILPT, or the Japan Institute for Labour Policy and
Training, is a government-related organization.
The objective of The Japan Institute for Labour
Pol icy and Training is to contr ibute to the
planning of labor policies and work toward their
effective and efficient implementation, as well
as to promote the livelihood of workers and
develop the national economy by conducting
comprehensive research projects on labor
issues and policies, both domestically and
internationally, and capitalize on the findings of
such research by implementing training programs
for administrative officials.
Visit our website anytime you need.

JILPT Website: http://www.jil.go.jp/english/

What’s on Next Issue

Japan Labor Issues
Volume 1, Number 4, January 2018

tentative

● Trends
[Key Topic]
▷ Regional Minimum Wage
¥848 per Hour—3% Higher for

the Second Consecutive Year

[News]
▷ Rengo Holds 15th Biennial
Convention, Re-elects President

Kozu: Aims to Establish “2035

Vision” towards 30th Anniversary

● Research
[Report]
▷ Is the Career Counseling
Effective?

● Judgments and Orders
▷Case of dismissal:
The Kokusai Motorcars Case,

the Supreme Court

(Feb.28, 2017)

● Series: Japan’s Employment
System and Public Policy

▷ Allocations and Transfers in
Japan

● Statistical Indicators

Errata for vol.1, no.2 in the printed journal are provided below, which have correctly rendered on the website.
Page For Read
11-fig.4 Ratio of persons with jobs shoud be Ratio of persons with jobs
11-fig.4 Ratio of persons in employment should be Ratio of persons in employment

Page 73

71Japan Labor Issues, vol.1, no.3, November-December 2017

The 1st JILPT Tokyo Comparative Labor Policy Seminar 2017

through requiring disclosure of key information such as sites of production to the relevant trade union, it
provides third parties with an important role in monitoring compliance with the regime.

A somewhat similar example of supply chain regulation is found in the transport sector. Here, a Heavy
Vehicle National Law seeks to make each party in the supply chain with the capacity to exercise control
or influence over any transport task equally responsible for compliance with the road transport laws.60 It
requires each party in the chain (even where they have no direct role as a driver or transport operator) to
take all reasonable steps to ensure a heavy vehicle driver can perform their duties without breaching road
transport laws and that the terms of work contracts or consignment do not result in, encourage, reward
or provide an incentive for the driver or other party in the chain to contravene any road transport law.
In addition, between 2012 and 2016, a Road Safety Remuneration Tribunal operated with a mandate to
determine working conditions in the road transport industry across Australia and the power to impose
binding requirements on all supply chain participants for the pay and safety of both employee and
independent contractor drivers.61 While the Tribunal has been recently abolished by the Federal Liberal/
National Coalition Government, scholars argue it continues to offer a promising model for supply chain
regulation in sectors with complex hierarchical supply chains.62

2. Transnational regulatory efforts
Before proceeding to outline the regulatory framework with respect to Australian-domiciled businesses

and their transnational supply chains, it is important to provide some international context. Recent years
have seen a growing international consensus on the nature and extent of business responsibility in this
area. In 2011, the Human Rights Council unanimously endorsed the UN Guiding Principles on Business
and Human Rights (UNGPs).63 A set of non-binding principles, the UNGPs reiterate the duty of all states
under international law to protect against human rights abuses within their territory and/or jurisdiction by
third parties, including business enterprises.64 They further make clear that states should clearly convey
the expectation that all business enterprises domiciled in their jurisdiction respect human rights throughout
their operations.65 This may include through ‘domestic measures with extraterritorial implications [such as]
requirements on ‘parent’ companies to report on the global operations of the entire enterprise.’66

The UNGPs also state that business entities have a responsibility to respect all internationally-
recognised human rights (which of course include a large number of labour rights).67 This means that
business enterprises should avoid causing or contributing to adverse human rights impacts through their
own activities and address such impacts where they occur. Most relevantly to supply chains, business
should also seek to prevent or mitigate adverse rights impacts that are directly linked to their operations,
products or services by their business relationships, even if they have not contributed to these impacts.68
The UNGPs recommend that businesses operationalise this responsibility through conducting human rights
due diligence: a process to identify, prevent, mitigate and account for how they address actual and potential

59 Rawling, ‘Cross-Jurisdictional and other Implications of Mandatory Clothing Retailer Obligations,’ above n 7, 204-206.
60 Heavy Vehicle National Laws have been passed in all Australian states and territories except the Northern Territory and Western

Australia.
61 Road Safety Remuneration Tribunal Act 2012 (Cth). For further discussion, see Richard Johnstone, Igor Nossar & Michael

Rawling, ‘Regulating Supply Chains to Protect Road Transport Workers: An Early Assessment of the Road Safety Remuneration
Tribunal’ (2015) 43 Federal Law Review 397.

62 Ibid.
63 Human Rights Council, Human Rights and Transnational Corporations and Other Business Enterprises, 17th sess, Agenda Item

3, UN Doc A/HRC/17/4 (16 June 2011).
64 UNGP 1.
65 UNGP 2.
66 UNGP, Commentary on Foundational Principle 2.
67 UNGP 11 and 12.
68 UNGP 13.

064-076_Australia_四校.indd 71 17/11/15 11:40

Page 74

�� Japan Labor Issues, vol.1, no.3, November-December 2017

9. Australia

impacts on human rights throughout their operations and activities.69 Other global soft law instruments
such as the OECD Guidelines for Multinational Enterprises have subsequently been updated in line with
the UNGPs, and contain detailed guidance for companies on the nature and extent of the responsibility
to conduct due diligence on their supply chains. These normative standards on business conduct with
respect to transnational supply chains, while continuing to be ‘soft’ law, have gained even greater global
momentum as a consequence of the Rana Plaza disaster in Bangladesh in 2014.70

In a related development, a number of industrialised states have now adopted regulatory measures
directed at encouraging large companies domiciled or operating within their territory to have regard to the
actual and potential negative human rights (including labour rights) impacts within their supply chains. To
date, these have consisted largely of transparency-based measures: that is, measures requiring businesses
above a threshold size to disclose publicly the steps they are taking to identify and address certain
egregious labour practices in their supply chains, such as slavery and human trafficking.71 Some states
have gone further. France, for example, has recently adopted legislation imposing a duty on large firms to
establish and implement ‘vigilance plans’ to identify risks and prevent human rights violations and serious
health and safety injures arising from their activities and those of companies they control, as well as from
within their supply chains.72
(1) Forced labour and human trafficking

Slavery, ‘slavery-like’ practices (including servitude, forced labour and deceptive recruiting for labour
or services) and human trafficking are all criminal offences under Australian law,73 and the Australian
Government has adopted a ‘comprehensive whole-of-government’ approach to combating these practices
within Australia and abroad.74 As part of these ongoing efforts, it has recognised the ‘vital role’ business
has to play in addressing severe labour exploitation, including within supply chains.75 In 2014, the
Minister of Justice convened a multi-stakeholder Supply Chains Working Group to propose strategies
to address serious labour exploitation in supply chains. The Group delivered its report to the Minister
in December 2015, which took almost a year to respond. In November 2016, in response to the Group’s
recommendations, the Government committed to working collaboratively with business and civil society
over the following twelve months on a suite of possible ‘light touch’ regulatory initiatives. The only firm
commitment was to the creation of a suite of awareness-raising materials for business. The Government
also committed to ‘consider’ the feasibility of a model for large businesses in Australia to publicly report
on their actions to address supply chain exploitation; ‘examine options for’ an awards program for
businesses that take action to address supply chain exploitation; and ‘explore’ the feasibility of a non-
regulatory, voluntary code of conduct for high risk industries.’76

According to the Attorney-General’s Department, the Government has also established ‘robust’
Commonwealth procurement rules ‘which ensure that businesses providing goods or services to the

69 UNGP 15.
70 In June 2015, for example, the Leaders of the G7 called for the private sector to implement human rights due diligence, including

in relation to working conditions within supply chains: G7 Leaders’ Declaration’ (8 June 2015) https://www.whitehouse.gov/the-
press-office/2015/06/08/g-7-leaders- declaration.

71 California Transparency in Supply Chains Act, Ca. Civ. Code § 1714.43 (2012); the UK’s Modern Slavery Act of 2015, s. 54(1).
See also the US Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010).

72 A company may be liable for a civil fine of up to € 10 million for failure to produce a plan, or three times this if such a failure
leads to injuries that could have otherwise be prevented. The French text of the Act is available at http://www.assemblee-nationale.
fr/14/pdf/ta/ta0924.pdf. At the time of writing, the Act was subject to constitutional challenge.

73 Criminal Code Act 1995 (Cth), Divisions 270 and 271.
74 See, eg, Commonwealth of Australia, National Action Plan to Combat Human Trafficking and Slavery 2015-19, 2014.
75 See, eg, Department of Foreign Affairs and Trade, Amplifying Our Impact: Australia’s International Strategy to Combat Human

Trafficking and Slavery, 23 March 2016, 17.
76 ‘Working with Business and Civil Society to Target Human Trafficking and Slavery,’ Joint Media Release, the Hon Julie Bishop

MP, the Hon Peter Dutton MP and the Hon Michael Keenan MP, 28 November 2016.

Page 145

Japan Labor Issues
Editor-in-Chief
Kazuo Sugeno, The Japan Institute for Labour Policy and Training (JILPT)

Editorial Board
Mitsuji Amase, JILPT
Keiichiro Hamaguchi, JILPT
Hirokuni Ikezoe, JILPT
Harumi Muroyama, JILPT
Yuji Nochi, JILPT
Noboru Ogino, JILPT
Akiko Ono, JILPT
Koji Takahashi, JILPT
Tomohiro Takami, JILPT
Hiroko Uchida, JILPT

Editorial Advisors
Takashi Araki, The University of Tokyo
Souichi Ohta, Keio University

Editorial Office
The Japan Institute for Labour Policy and Training
International Research Exchange Section
8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502, Japan
TEL: +81-3-5903-6274 FAX: +81-3-3594-1113
For inquiries: [email protected]

Japan Labor Issues website
http://www.jil.go.jp/english/jli/index.html
To sign up for mail delivery service
https://www.jil.go.jp/english/emm/jmj.html

Published by
The Japan Institute for Labour Policy and Training
8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502, Japan
http://www.jil.go.jp/english/

ISSN 2433-3689
© 2017 by the Japan Institute for Labour Policy and Training
All rights reserved.

Printed in Japan.

Sign up for
Japan Labor Issues

Free of charge

“Japan Labor Issues” is a monthly
journal published by the Japan
Institute for Labour Policy and Training
(first issued in September, 2017).

We send you the latest issue via
email. Please register your email
address at:

https://www.jil.go.jp/english/emm/jmj.html

What is the Japan Institute for Labour Policy and
Training (JILPT)?
JILPT, or the Japan Institute for Labour Policy and
Training, is a government-related organization.
The objective of The Japan Institute for Labour
Pol icy and Training is to contr ibute to the
planning of labor policies and work toward their
effective and efficient implementation, as well
as to promote the livelihood of workers and
develop the national economy by conducting
comprehensive research projects on labor
issues and policies, both domestically and
internationally, and capitalize on the findings of
such research by implementing training programs
for administrative officials.
Visit our website anytime you need.

JILPT Website: http://www.jil.go.jp/english/

What’s on Next Issue

Japan Labor Issues
Volume 1, Number 4, January 2018

tentative

● Trends
[Key Topic]
▷ Regional Minimum Wage
¥848 per Hour—3% Higher for

the Second Consecutive Year

[News]
▷ Rengo Holds 15th Biennial
Convention, Re-elects President

Kozu: Aims to Establish “2035

Vision” towards 30th Anniversary

● Research
[Report]
▷ Is the Career Counseling
Effective?

● Judgments and Orders
▷Case of dismissal:
The Kokusai Motorcars Case,

the Supreme Court

(Feb.28, 2017)

● Series: Japan’s Employment
System and Public Policy

▷ Allocations and Transfers in
Japan

● Statistical Indicators

Errata for vol.1, no.2 in the printed journal are provided below, which have correctly rendered on the website.
Page For Read
11-fig.4 Ratio of persons with jobs should be Ratio of persons with jobs
11-fig.4 Ratio of persons in employment should be Ratio of persons in employment

Page 146

● COUNTRY REPORTS
Sukhwan CHOI (Korea) A Step against All or Nothing Policy
Yu-Fan CHIU (Taiwan) The Practice and Changes of Taiwan's Labor Dispute

Regulations Act
Qian WEI (China) Draft Regulation on Employee Invention and Innovative

Workers Protection in China
Itaru NISHIMURA (Japan) Changes in the Wage System in Japan
Hayati HASIBUAN (Indonesia) The Development and Labor Situation in

Indonesia
Maria Catalina TOLENTINO (Philippines) Philippine Report on Employment

Trends and Policies
Mary TIONG (Malaysia) Report on Identifying Major Labour Policy Issues in

Malaysia
Trang TRAN (Vietnam) Collective Bargaining and Collective Agreements in

Vietnam
Ingrid LANDAU (Australia) Leader or Laggard? Australian Efforts to Promote

Better Working Conditions in Supply Chains within and beyond
Australia’s Borders

Hang TRAN (Vietnam) Report on Vietnam's Rules Regulating Foreign Workers
Eitra MYO (Myanmar) Identifying Major Labour Policy Issues in Myanmar
Kanharith NOP (Cambodia) Overview of Labor Legal Issues in Cambodia
Hochang ROH (Korea) A Review of the Government Intervention in Labor

Relations through Guidelines
Manxue YIN, Biqian ZHAO (China) Labour Models in Local Daily Service

Platforms
Girish BALASUBRAMANIAN, Manoranjan DHAL (India) Industrial Relations

Situation in India
Yueh-Hung HOU (Taiwan) The Changes and Development of Collective

Bargaining in Taiwan
Qi ZHONG (Japan) Atypical Work Organizations as a Social Phenomenon

Occurring throughout the Contemporary Labor World

Volume 1 Number 3

11・12
November-December 2017

ISSN 2433-3689

Japan Labor Issues

SPECIAL ISSUE
The 1st JILPT Tokyo Comparative
Labor Policy Seminar 2017
“Identifying Major Labor Policy
Issues in Contemporary World
of Labor — Commonalities and
Differences Crossing Regions
and Nations”

J
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a

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