Chapter III Dispute Resolution
第三章 紛争の解決
Section 1 Assistance in Dispute Resolution
第一節 紛争の解決の援助等
Article 15Voluntary Resolution of Complaints
第十五条(苦情の自主的解決)
When a complaint is submitted by workers concerning matters prescribed in Article 6, Article 7, Article 9, Article 12 and Article 13, paragraph (1) (except those related to recruitment and employment of workers), employers must endeavor to promote voluntary resolution by actions such as referring complaints to the complaints department (which is the body for resolving worker complaints, composed of employer and worker representatives).
Article 16Special Provisions for the Promotion of Dispute Resolution
第十六条(紛争の解決の促進に関する特例)
The provisions of Article 4, Article 5, and Articles 12 through 19 of the Act on Promoting the Resolution of Individual Labor-Related Disputes (Act No. 112 of 2001) do not apply to a dispute between a worker and an employer with regard to matters prescribed in the provisions of Articles 5 through 7, Article 9, Article 11, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to Article 11-3, paragraph (2)), Article 11-3, paragraph (1), Article 12, and Article 13, paragraph (1) and are governed by the provisions of the following Article through Article 27.
Article 17Assistance in Dispute Resolution
第十七条(紛争の解決の援助)
When requested by either party or both parties to a dispute prescribed in the preceding Article for assistance to resolve the dispute, the Director of a Prefectural Labor Bureau may give necessary advice or guidance, or make necessary recommendations to the relevant parties.
都道府県労働局長は、前条に規定する紛争に関し、当該紛争の当事者の双方又は一方からその解決につき援助を求められた場合には、当該紛争の当事者に対し、必要な助言、指導又は勧告をすることができる。
The provision of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker seeks the assistance referred to in the preceding paragraph.
Section 2 Conciliation
第二節 調停
Article 18Delegation of Conciliation
第十八条(調停の委任)
The Director of a Prefectural Labor Bureau is to have the dispute coordinating committee referred to in Article 6, paragraph (1) of the Act on Promoting the Resolution of Individual Labor-Related Disputes (hereinafter referred to as the "committee") conduct the conciliation of a dispute provided for in Article 16 (except for a dispute on the recruitment and employment of workers) when either party or both parties to the dispute (hereinafter referred to as the "parties concerned") apply for conciliation and the Director finds it necessary to do so in order to resolve the dispute.
都道府県労働局長は、第十六条に規定する紛争(労働者の募集及び採用についての紛争を除く。)について、当該紛争の当事者(以下「関係当事者」という。)の双方又は一方から調停の申請があつた場合において当該紛争の解決のために必要があると認めるときは、個別労働関係紛争の解決の促進に関する法律第六条第一項の紛争調整委員会(以下「委員会」という。)に調停を行わせるものとする。
The provisions of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker files the application referred to in the preceding paragraph.
第十九条(調停)
The conciliation pursuant to the provisions of paragraph (1) of the preceding Article (hereafter referred to as the "conciliation" in this Section) is conducted by three conciliation commissioners.
前条第一項の規定に基づく調停(以下この節において「調停」という。)は、三人の調停委員が行う。
第二十条
When the committee finds it necessary for conciliation, it may request the parties concerned or workers employed at the same workplace as that of the parties concerned or any other witness to make an appearance and hear their opinions.
第二十一条
When the committee finds it necessary based on the petition of the parties concerned, it is to hear the opinions of the representatives of the workers or employers concerned who are nominated by major workers' organization or employers' organization in the jurisdictional district of the Prefectural Labor Bureau where the committee is established.
第二十二条
The committee may prepare a conciliation proposal and recommend its acceptance to the parties concerned.
第二十三条
When the committee finds that there is no prospect of resolving the dispute for which conciliation is used, it may discontinue the relevant conciliation.
If the committee discontinues the conciliation pursuant to the provision of the preceding paragraph, it must notify the parties concerned to that effect.
When conciliation is discontinued pursuant to the provisions of paragraph (1) of the preceding Article and the person who applied for the conciliation files a lawsuit as to the claim which was the purpose of the conciliation within 30 days of the day of the notice referred to in paragraph (2) of that Article, the lawsuit is deemed to have been filed at the time when the conciliation was applied for in terms of postponement of the expiration of the prescription period.
Article 25Suspension of Court Proceedings
第二十五条(訴訟手続の中止)
If a lawsuit is pending between the parties concerned with regard to a civil dispute among the disputes prescribed in Article 18, paragraph (1), and if either of the following grounds exists and there is a joint petition from the parties concerned, the court in charge of the case may decide to suspend the court proceedings for a fixed period of no longer than four months:
the conciliation is carried out between the parties concerned for the relevant dispute; or
beyond what is provided for in the preceding item, the parties concerned have reached an agreement to resolve the dispute through conciliation.
The court in charge of the case may rescind the decisions referred to in the preceding paragraph at any time.
受訴裁判所は、いつでも前項の決定を取り消すことができる。
No appeal may be filed against a decision to dismiss the petition referred to in paragraph (1) and a decision to rescind the decision referred to in paragraph (1) pursuant to the provision of the preceding paragraph.
Article 26Requests for Provision of Materials
第二十六条(資料提供の要求等)
Beyond what is provided for in this Section, necessary matters concerning procedures for conciliation are specified by Order of the Ministry of Health, Labour and Welfare.
この節に定めるもののほか、調停の手続に関し必要な事項は、厚生労働省令で定める。