What is a labor union?
In the first place, the power balance between users and workers is overwhelmingly advantageous for users!
The user has various rights such as management rights, personnel discretionary rights, and wage determination rights. If even one employer behaves violently with regard to this authority, the situation will soon occur that the worker will come.
For example, in a personal interview surrounded by a few representatives of the company, “Because of poor management, I will lower my salary next month.” “Because you are not competent, move here.” From next month, I will cut off overtime for this working time. “When I was told, would you be able to argue against the employer alone and maintain the working conditions?
From our experience, we feel that many workers are crying because they are anxious about their lives and want to keep an eye out. Do you have any experience?
It is the labor union that eliminates the power balance between labor and management!
The labor union is a solidarity organization created by workers, not a company or country. A trade union is an organization that aims to achieve common goals such as maintaining contract negotiations, raising wages, stabilizing employment, and improving the work environment by uniting together colleagues working in the same workplace. The most common purpose is to “maintain and improve union membership”. The rights of labor union activities are protected by the Constitution of Japan and the Labor Union Law.
Article 25 All citizens have the right to a healthy and cultural minimum life. (Guarantee of survival rights)
Article 27 All citizens have the right to work and have obligations.
① Standards concerning wages, working hours, rest and other working conditions shall be stipulated by law.
② Children should not abuse this.
Article 28 The right of workers to unite and collective bargaining and other collective actions is guaranteed.
The three rights of workers defined in Article 28 above, the right to organize, the right to collective bargaining, and the right to collective action, are called “Labor Three Rights (Labor Basic Rights)”. The Labor Union Law has been enacted with the aim of enabling workers to exercise these three rights of labor properly.
Labor Union Law
Article 1 (Purpose) (Summary)
① Improve the status of workers by promoting workers to be in an equal position in negotiations with employers
② Workers should select representatives for workers to conduct collective bargaining (negotiations between labor unions and employers), and voluntarily organize and unite trade unions to perform other group actions. Advocating
③ Subsidizing collective bargaining to conclude collective agreements (promises between employers and trade unions)
The labor union law also has provisions to prevent various attacks and harassment (unfair labor practices) from employers.
Labor Union Law Article 7
The user must not perform the actions listed in the following items.
① Dismissal or other disadvantageous treatment for reasons such as the fact that the worker is a member of a labor union, or a legal act of the labor union. Make it an employment condition not to join a trade union or to leave a trade union.
② Rejection of collective bargaining requested by the labor union (rejection of bargaining, dishonest negotiation)
③ ontrol and intervene in the formation and management of labor unions. Assist with the costs of running a trade union. (Dominant intervention)
④ Dismissal or other unfavorable treatment on the grounds that the Labor Commission has filed a petition for the remedy of unfair labor practices in case of violations of Nos. 1 to 3 above.
If an employer performs an act corresponding to the above, the labor union is entitled to make a “relief complaint” to an administrative organization called the “Labor Commission” established in each prefecture.
There is also a legal provision that acts of legitimate trade union activities are not subject to criminal penalties. (Criminal exemption)
We do not punish any acts that are subject to laws or legitimate business.
Labor Union Law Article 1-2
The provisions of Article 35 of the Criminal Code shall apply to legitimate items that are trade union collective bargaining and other actions that have been performed in order to achieve the purpose set forth in the preceding paragraph. In any case, however, the use of violence should not be interpreted as a legitimate act of the union.
How will trade unions achieve their goals?
The labor union will achieve the union’s goals by making full use of the “labor trilateral” explained in the previous section.
Through “Collaborative Negotiations” introduced in the previous section, it is fundamental to aim to improve their working environment and secure employment based on various issues with employers. If agreement is reached through collective bargaining, the union and the company conclude a collective agreement.
However, since there is a partner for collective bargaining, it may become stale. In order to break down the stalemate, trade unions sometimes seek to solve the problem using appeals (group action rights), strike rights (alliance industry), etc. in front of the company. However, this is only after negotiating.
Even if it strikes and damages the company, the user cannot claim damages from the union for damages caused by legitimate union activities.
Employers are unable to claim compensation to the labor union or its members for damages due to trade union alliance strikes or other legitimate disputes.
Unions have all the right to conclude and negotiate in negotiations with the company to facilitate negotiations and avoid being deficient in “knowledge deficiencies”. However, the Union will not ignore your opinion and agree with the company. Union has been working on solutions that respect the intentions of its members since its formation.