The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 1第一条
Purpose(目的)
Article 1, paragraph (1)
The purpose of this Act is to establish a system of proceedings for civil disputes between individual employees and employers about whether or not a labor contract exists or about any issue involving labor relations (referred to below as a "civil dispute on labor relations"), in which a labor tribunal composing of a judge and persons with expert knowledge and experience in labor relations hears the case in a court of law upon petition by the relevant party, and goes through mediation if the labor tribunal believes the issue could likely be resolved this way, or renders a labor tribunal decision (meaning a decision to resolve civil disputes on labor relations of individuals in accordance with the circumstances of the case while taking into account the rights and interests of the parties; the same applies below) (such proceedings are referred to below as "labor tribunal proceedings"), thereby achieving fair, effective, and expedient dispute resolution taking into account the circumstances surrounding the dispute.
Cases involving labor tribunal proceedings (referred to below as "labor tribunal case") are to be under the jurisdiction of the district court with jurisdiction over the location of the domicile, residence, business office, or any other office of the respondent; the district court that has jurisdiction over the location of the employer's place of business at which the employee actually works or has worked most recently based on the labor relations between the employee and the employer from which the civil dispute on labor relations arose; or a district court determined by an agreement between the parties.
Labor tribunal cases fall under the jurisdiction of the district court that has jurisdiction over the last place of domicile of the respondent (excluding juridical corporations or any other association or foundation) if the respondent has no domicile or residence in Japan, or the respondent's domicile or residence is unknown.
Labor tribunal cases in which the respondent is a juridical corporation or any other association or foundation (excluding a foreign association or foundation) are subject to the jurisdiction of the district court with jurisdiction over the place of domicile of its representative or any other principal person in charge of its business if it has no business office or other office in Japan, or the location of its business office or other office is unknown.
Labor tribunal cases in which the respondent is a foreign association or foundation are subject to the jurisdiction of the district court with jurisdiction over the place of domicile of its representative or any other principal person in charge of its business assigned in Japan if it has no business office or other office in Japan.
If the court finds that all or part of labor tribunal cases are not under its jurisdiction, it will, upon petition or by its own authority, transfer the case to a court with jurisdiction.
If labor tribunal cases brought before the court are under its jurisdiction and the court finds it appropriate in order to process the case, it may upon petition or by its own authority, transfer all or part of the labor tribunal cases to another court with jurisdiction.
No person other than an attorney may serve as an agent in labor tribunal proceedings, except for an agent who can perform judicial acts under laws and regulations; provided, however, that if the court finds it necessary and appropriate in order to protect the rights and interests of the parties and ensure smooth progress in labor tribunal proceedings, the court may permit a person who is not an attorney to serve as an agent.
The court conducts labor tribunal proceedings under a labor tribunal composed of one labor tribunal judge and two labor tribunal members.
裁判所は、労働審判官一人及び労働審判員二人で組織する労働審判委員会で労働審判手続を行う。
Article 8第八条
Designation of Labor Tribunal Judges(労働審判官の指定)
Article 8, paragraph (1)
Labor tribunal judges are designated by the district court from among its judges.
労働審判官は、地方裁判所が当該地方裁判所の裁判官の中から指定する。
Article 9第九条
Labor Tribunal Members(労働審判員)
Article 9, paragraph (1)
Labor tribunal members, as provided for by this Act, participate in labor tribunals and perform the duties necessary for processing the case from a fair and neutral manner.
Labor tribunal members are appointed from among persons who have expert knowledge and experience in labor relations.
労働審判員は、労働関係に関する専門的な知識経験を有する者のうちから任命する。
Article 9, paragraph (3)
Labor tribunal members serve part-time, and in addition to what is provided for in the preceding paragraph, the necessary matters concerning their appointment and dismissal are prescribed by the Rules of the Supreme Court.
Labor tribunal members are paid an allowance as separately provided by law as well as travel expenses, a daily allowance, and lodging expenses, at amounts specified by the Rules of the Supreme Court.
Labor tribunal members in labor tribunals are designated by the court for each labor tribunal case.
労働審判委員会を組織する労働審判員は、労働審判事件ごとに、裁判所が指定する。
Article 10, paragraph (2)
When designating labor tribunal members pursuant to the provisions of the preceding paragraph, the court must take into account the knowledge and experience of the members and any other relevant circumstances, and make careful consideration so as to ensure an appropriate composition of members.
Disqualification of Labor Tribunal Members(労働審判員の除斥)
Article 11, paragraph (1)
The provisions of Article 11, and Article 13, paragraphs (2), (4), (8), and (9) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) (excluding the parts concerning a challenge) apply mutatis mutandis to the disqualification of labor tribunal members.
Labor tribunal judges must specify the date for labor tribunal proceedings and summon the relevant persons to appear in court.
労働審判官は、労働審判手続の期日を定めて、事件の関係人を呼び出さなければならない。
Article 14, paragraph (2)(労働審判手続の期日等)(Date for Labor Tribunal Proceedings)Changed
A court clerk must clearly indicate on the recordtake notes that clearly indicate the outline of developments in the proceedings held on the date set forth in the preceding paragraph and record these on files on electronic data stored on a computer (inclusive of its input and output devices; the same applies below) used by the court (these files are simply referred to below as the court's "computer files", except in Article 26-2, paragraphs (2) and (3) and Article 26-3).
Article 14, paragraph (3)(労働審判手続の期日等)(Date for Labor Tribunal Proceedings)Changed
If ordered by the labor tribunal judge so orders, a court clerk must prepare a an electronic record (meaning an electronic or magnetic record(meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone; the same applies below)that a court clerk prepares pursuant to the provisions of this Act or any other laws and regulations for the purpose of recording or authenticating the form, content, progress, etc. of proceedings conducted on a court date or outside of a court date; the same applies in the following paragraph and Article 20, paragraph (7) and (8)) held on the date set forth in paragraph (1), as provided for by Rules of the Supreme Court.
Article 14, paragraph (4)(労働審判手続の期日等)(Date for Labor Tribunal Proceedings)Added
When a court clerk prepares an electronic record pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.
Labor tribunal proceedings are not open to the public; provided, however, that observation by certain individuals may be permitted if labor tribunals deem it appropriate.
Article 17, paragraph (2)(証拠調べ等)(Examination of Evidence)Changed
The provisions of Part II, Chapter IV (excluding Article 179, Article 182; the second sentence of Article 185, paragraph (1), and paragraphsparagraph (2) and (3); Article 188, Article 189, Articles 192 through 195 (including cases where these provisions are applied mutatis mutandis under Article 201, paragraph (5); Article 210, and Article 216 of the Act)); Article 200, Article 202 (including cases where these provisions are applied mutatis mutandis pursuant to Article 210 of the Act), Article 205, paragraph (2), Article 206 (including cases where these provisions are applied mutatis mutandis pursuant to Article 210 of that Act), Article 207, paragraph (2), Article 208, Article 209, Article 215, paragraph (2), Article 215-2, paragraphs (2) through (4), Article 215-4, Article 224 (including cases where these provisions are applied mutatis mutandis pursuant to Article 229, paragraph (2), Article 231-3, paragraph (1), and Article 232, paragraph (1) of the Act),; Article 225, Article 227, paragraph (2), Article 229, paragraphs (4) through (6), Article 230, Article 232, paragraphs (2) and (3), Article 232-2, and Article 239) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the examination of evidence. In this case, the phrase "matters, or matters recorded in a file pursuant to the provisions of the preceding paragraph or matters recorded in the recording medium referred to in that paragraph" in Article 205, paragraph (3) of that Act and the phrase "matters, or matters recorded in a file pursuant to the provisions of paragraph (2) or matters recorded in the recording medium referred to in that paragraph" in Article 215, paragraph (4) of that Act are deemed to be replaced with "matters"; the phrase "means, or the means of using an electronic data processing system specified by the Rules of the Supreme Court" in Article 231-2, paragraph (2) of that Act is deemed to be replaced with "means"; and the phrase "or sending it, or using an electronic data processing system specified by the Rules of the Supreme Court" in Article 231-3, paragraph (2) of that Act is deemed to be replaced with "or sending it".
Labor tribunals render decisions based on the rights and interests of the parties found as a result of proceedings, and in light of the developments of the labor tribunal proceedings.
Labor tribunals may through decisions establish the relationship of the parties' rights to one another, order the payment of monies, delivery of objects, or any other payment of economic benefit, and may specify other matters that are considered to be appropriate for the resolution of the civil dispute on labor relations.
A laborAn electronic tribunal decision must be rendered by preparing a written tribunal decision stating(meaning an electronic or magnetic record of the main text of the decision, and the gist of the grounds for that decision; the same applies below) of a labor tribunal decision must be prepared and recorded in a computer file, as provided for by the Rules of the Supreme Court.
The writtenelectronic tribunal decision referred(limited to one recorded in the court's computer files pursuant to the provisions of the preceding paragraph; the same applies in paragraph (5) below, paragraph (1) of the following Article, and Article 23, paragraph (1)) must be served upon the relevant parties. The labor tribunal decision takes effect once it has been served upon the parties.
Part I, Chapter V, Section 4 of the Code of Civil Procedure (excluding Article 100104; the second sentence of Article 109-2, paragraph (2); Article 104; and subsections (3)subsection (4)) and (4)Article 255, paragraph (2) apply mutatis mutandis to the service of a writtenan electronic tribunal decision under the preceding paragraph.
If a labor tribunal finds it appropriate, notwithstanding the provisions of paragraph (3), it may render a labor tribunal decision by making an oral announcement of the main text of the labor tribunal decision and the gist ofreasons for the reasons for itlabor tribunal decision on a date of labor tribunal proceedings on which all parties appear, in lieu of preparing a writtenan electronic tribunal decision. In this case, the labor tribunal decision takes effect when it has been announced.
If a labor tribunal decision is made pursuant to the provisions of the first sentence of the preceding paragraph, the court must have the court clerk make a record of the main text of the decision, and the gist of the grounds for that decision in thean electronic record.
The electronic record referred to in the preceding paragraph (limited to those recorded in a file pursuant to Article 14, paragraph (4)) must be sent to the relevant parties concerned.
Article 21, paragraph (1)(異議の申立て等)(Filing of Challenges)Changed
A party may file an objection with the court against a labor tribunal decision within an inalterable period of two weeks from the day on which the party was served with the writtenelectronic tribunal decision under the provisions of paragraph (4) of the preceding Article, or the day on which the labor tribunal decision under the provisions of paragraph (6) of that Article was announced.
If the court finds that the filing of an objection is defective, it must issue an order to dismiss the challenge.
裁判所は、異議の申立てが不適法であると認めるときは、決定で、これを却下しなければならない。
Article 21, paragraph (3)(異議の申立て等)
If a lawful objection has been filed, the labor tribunal decision ceases to be valid.
適法な異議の申立てがあったときは、労働審判は、その効力を失う。
Article 21, paragraph (4)(異議の申立て等)
If no lawful objection is filed, the labor tribunal decision has the same effect as a judicial settlement.
適法な異議の申立てがないときは、労働審判は、裁判上の和解と同一の効力を有する。
Article 21, paragraph (5)(異議の申立て等)
In the case referred to in the preceding paragraph, each party is to bear, among the costs that the party incurred, those for which there are no provisions on the burden of costs in the labor tribunal decision.
If a lawful objection is filed against a labor tribunal decision, an action on the claim made in the petition for labor tribunal proceedings is deemed to have been filed at the time that the petition for labor tribunal proceedings was filed with the district court in which the labor tribunal case was pending when the labor tribunal decision was made. In this case, if Japanese courts do not have jurisdiction over that claim pursuant to the provisions of Part I, Chapter II, Section 1 of the Code of Civil Procedure, the action that is deemed to have been filed is to be dismissed.
A case for which an action is deemed to have been filed pursuant to the provisions of the preceding paragraph (excluding cases where an action is to be dismissed pursuant to the provisions of the second sentence of that paragraph) is under the jurisdiction of the district court set forth in that paragraph.
If it is deemed that an action has been filed pursuant to the provisions of paragraph (1), for the purpose of the application of the provisions of Articles 137 through 138, and Article 158 of the Code of Civil Procedure, the written petition set forth in Article 5, paragraph (2) is deemed to be a complaint.
If a writtenan electronic tribunal decision is to be served pursuant to the provisions of Article 20, paragraph (4) and any of the following grounds exists, the court must issue an order to nullify the labor tribunal decision:
a party's domicile, residence or any other place where the party is to be served is unknown (except for cases where service may be made under Article 109-2 of the Code of Civil Procedure as applied mutatis mutandis under Article 20, paragraph (5));
it is impossible to serve the relevant party pursuant to the provisions of Article 107, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, paragraph (5);
第二十条第五項において準用する民事訴訟法第百七条第一項の規定により送達をすることができないこと。
Article 23, paragraph (1), item (iii)(労働審判の取消し)
with regard to service that is to take place in a foreign state, it is impossible to employ the means prescribed in Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, paragraph (5), or it is found to be impossible to serve the relevant party by those means; or
even after six months have elapsed since service was entrusted to the competent government agency of a foreign state pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, paragraph (5), no document certifying that service has been sent.
The provisions of the preceding Article apply mutatis mutandis to cases where a labor tribunal decision is revoked pursuant to the provisions of the preceding paragraph.
前条の規定は、前項の規定により労働審判が取り消された場合について準用する。
Article 24第二十四条
Closing of Labor Tribunal Cases Without a Labor Tribunal Decision(労働審判をしない場合の労働審判事件の終了)
Article 24, paragraph (1)
If a labor tribunal finds that conducting proceedings is unsuitable for the prompt and fair resolution of a dispute due to the nature of the case, it may terminate the labor tribunal case.
The provisions of Article 22 apply mutatis mutandis to cases where labor tribunal cases are closed pursuant to the provisions of the preceding paragraph. In this case, the phrase "before which the labor tribunal case was pending when the labor tribunal decision was made" in paragraph (1) of that Article is deemed to be replaced with "before which the labor tribunal case was pending when the labor tribunal case was terminated."
If a labor tribunal case is terminated (excluding the cases prescribed in Article 18 and Article 21, paragraph (5)), and the court finds it necessary, it may, upon petition or by its own authority, issue an order to bear the costs for the case proceedings.
Article 26, paragraph (1)(非電磁的事件記録の閲覧等)( Access to Hard-Copy Case Records)Changed
The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with a court clerk to inspect or copy the labor tribunalhard-copy case records, or to issue an authenticated copy, transcript, or extract of those records, or to issue a certificatethe hard-copy case records (meaning the portion of information concerning the case records excluding the electronic or magnetic case records in labor tribunal casecases as prescribed in paragraph (1) of the following Article; the same applies in paragraph (2) below).
Article 26, paragraph (2)(非電磁的事件記録の閲覧等)( Access to Hard-Copy Case Records)Changed
The provisions of Article 91, paragraphs (4) and (5) and Article 92 of the Code of Civil Procedure (excluding paragraphs (9) and (10)) apply mutatis mutandis to the records referred to in the preceding paragraphhard-copy case records.
Article 26-2, paragraph (1)(電磁的事件記録の閲覧等)( Access to Electronic or Magnetic Case Records)Added
As provided for by the Rules of the Supreme Court, the party to the case and third party who has presented a prima facie showing of interest in the case may file a request with the court clerk to inspect something that, in the manner specified by the Rules of the Supreme Court, has been made to show the content of electronic or magnetic case records (meaning the part of labor tribunal case records recorded in the court's computer file pursuant to the provisions of this Act and any other laws and regulations; the same applies below in this Article).
Article 26-2, paragraph (2)(電磁的事件記録の閲覧等)( Access to Electronic or Magnetic Case Records)Added
As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in the case may file a request with a court clerk to copy the information recorded in electronic or magnetic case records by using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system that connects a computer used by the court and a computer used by the other person involved in the procedure via a telecommunications line; the same applies below) to record the information in a file stored on a computer that the person is using, or by any other means specified by the Rules of the Supreme Court.
Article 26-2, paragraph (3)(電磁的事件記録の閲覧等)( Access to Electronic or Magnetic Case Records)Added
As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in the case may request a court clerk to issue a paper document containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies, by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record; or to provide an electronic or magnetic record containing the whole or part of the information recorded in an electronic or magnetic case record, whose content the court clerk certifies by the means specified by the Rules of the Supreme Court, to give information identical to what is recorded in the electronic or magnetic case record using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.
Article 26-2, paragraph (4)(電磁的事件記録の閲覧等)( Access to Electronic or Magnetic Case Records)Added
The provisions of Article 91, paragraph (5) and Article 92 of the Code of Civil Procedure apply mutatis mutandis to electronic or magnetic case records.
民事訴訟法第九十一条第五項及び第九十二条の規定は、電磁的事件記録について準用する。
Article 26-3第二十六条の三Caption added
Certifying Information Concerning Labor Tribunal Cases
Article 26-3, paragraph (1)(労働審判事件に関する事項の証明)(Certifying Information Concerning Labor Tribunal Cases)Added
As provided for by the Rules of the Supreme Court, the party to the case and third party that makes a prima facie showing of interest in labor tribunal cases may request a court clerk to issue a paper document containing information concerning labor tribunal cases that the court clerk certifies by the means specified by the Rules of the Supreme Court, or to provide an electronic or magnetic record containing information concerning labor tribunal cases that the court clerk certifies by the means specified by the Rules of the Supreme Court, using an electronic data processing system specified by the Rules of the Supreme Court to record it in a file stored on the computer that the party is using, or by any other means specified by the Rules of the Supreme Court.
If an action is pending with regard to a case for which a petition for labor tribunal proceedings has been filed, the court in charge of the case may suspend court proceedings until the labor tribunal case has been terminated.
An immediate appeal against an order made under the provisions of Article 6, Article 21, paragraph (2), Article 23, paragraph (1), and Article 25, paragraph (1) has the effect of a stay of execution.
Article 28-2, paragraph (1)(電子情報処理組織による申立て等)(Filing Petitions Using Electronic Data Processing Systems)Changed
The provisions of Part I, Chapter VIIIArticles 132-10 through 132-12 of the Code of Civil Procedure (excluding Article 133-2, paragraphs (5) and (6) and Article 133-3, paragraph (2)) apply mutatis mutandis to petitions andor other statements in labor tribunal proceedings. In this case, the term "party" in Article 133, paragraph (1) of that Act is deemed (referred to be replaced with "party or intervenor (meaning a person who has participatedas "petition, etc." in the labor tribunal proceedings pursuant tofollowing paragraph and the provisions offollowing Article 11 of the Civil Mediation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to Article 29, paragraph (2) of the Labor Tribunal Act; the same applies). In this case, "service" in Article 133-4, paragraphs (1), (2132-10, paragraph (5) and (7))"; in paragraph (3) of that Article, the term "case record, etc. (meaning a case record or the record of a case in which there has been a petition for a disposition as referred to in6) and Article 132-4132-12, paragraph (1); the same applies in this Chapter)" is deemed to be replaced with "labor tribunal case records", 2) and the phrase "inspection, etc. of a case record, etc. (meaning inspection, etc. of a case record, inspection, etc. of a non-electronic or magnetic record of a disposition on the collection of evidence, or inspection, etc. of an electronic or magnetic record of a disposition on the collection(3) of evidence; the same applies in this Chapter) with regard to"Act is deemed to be replaced with "inspectionservice or copying of, or sending", the issuance of a transcript or extract of"; term "the phrase "inspection, etc. of a case record, etc. relatingproviso to" in Article 133-254, paragraph (1) of that Act is deemed to be replaced with "inspection or copying of, or the issuance of a transcript or extract of"; the phrase "" in a case record, etc." in Article 132-11, paragraph (2) of that Article is deemed to be replaced with "in the labor tribunal case records"; the phrase "inspection, etc. of a case record, etc. relating to" in that paragraph and paragraph (31), item (i) of that Articlethe Act is deemed to be replaced with "inspection or copying of, the issuance of an authenticated copy, transcript or extractprovisions of, or the reproduction of"; inproviso to Article 133-34, paragraph (1) of that Act, the phrase "document or electronic or magnetic record in which ... is stated or recorded" is deemed to be replaced with "document in which ... is statedLabor Tribunal Act", the phrase "that document or electronic or magnetic record" is deemed to be replaced with "that document", and the phrase "or electronic or magnetic record, or any other similar document or electronic or magnetic record, inspection, etc. of a case record, etc. relating to"term "Article 2" in Article 132-11, paragraph (1), item (ii) is deemed to be replaced with "or any other similar document, inspection or copyingArticle 2 of, or the issuance of a transcript or extract of"; the phrase "person ... the case record, etc." in same Act as applied mutatis mutandis in Article 9", and "Article 133-4133-2, paragraph (1) of that Act is deemed to be replaced with "party or intervenor, or a third party that makes a prima facie showing of interest, ... the labor tribunal case records"; in 2)" in Article 132-12, paragraph (2) of that Article, the term "party" is deemed to be replaced with "party or intervenor", the phrase "where the case record, etc. is kept" is deemed to be replaced with "where the labor tribunal case records are kept", and the phrase "inspection, etc.1), item (iii) of a case record, etc."the same Act is deemed to be replaced with "inspection or copying, the issuance of an authenticated copy, transcript or extract, or the reproduction"; and the term "party" in Article 133-2, paragraph (7) of that Article is deemed to be replaced with "party or intervenor2) as applied mutatis mutandis in Article 28-3 of the Labor Tribunal Act".
Article 28-2, paragraph (2)(電子情報処理組織による申立て等)(Filing Petitions Using Electronic Data Processing Systems)Added
The provisions of Article 132-13 of the Code of Civil Procedure apply mutatis mutandis to the recording in files of information included in documents, etc. (meaning a paper document, piece of writing, written material, transcript, extract, authenticated copy, duplicate copy, extra copy, or other piece of paper or tangible object bearing characters, shapes, and other such information that can be perceived using the human senses; the same applies in this paragraph)(excluding cases where the petition, etc. is filed in writing) that have been submitted in labor tribunal proceedings to a court pursuant to the provisions of this Act or other laws or regulations, or recorded in recording media containing electronic or magnetic records. In this case, the term "Article 133-2, paragraph (2)" in Article 132-13, item (iii) is deemed to be replaced with "Article 133-2 paragraph (2) as applied mutatis mutandis pursuant to Article 28-3 of the Labor Tribunal Act", and the term "Article 133-3 paragraph (1)" in Article 132-13, item (iv) is deemed to be replaced with "Article 133-3, paragraph (1) as applied mutatis mutandis pursuant to Article 28-3 of the Labor Tribunal Act".
Article 28-3, paragraph (1)(当事者に対する住所、氏名等の秘匿)(Concealing Parties' Domiciles and Identifying Information )Added
The provisions of Part I, Chapter VIII of the Code of Civil Procedure apply mutatis mutandis to petitions in labor tribunal proceedings. In this case, the terms or phrases listed in the middle column of the following table that appear in the provisions of the Code of Civil Procedure as listed in the left-hand column of that table are to be replaced with the corresponding terms or phrases listed in the right-hand column of that table.
Article 133, paragraph (1)
party
The parties or intervenors (meaning persons who have participated in the labor tribunal proceedings pursuant to Article 11 of the Civil Mediation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to Article 29, paragraph (2) of the Labor Tribunal Act; the same applies in Article 133-4, paragraphs (1), (2) and (7)).
Article 133, paragraph (3)
case record, etc. (meaning a case record or the record of a case in which there has been a petition for a disposition as referred to in Article 132-4, paragraph (1); the same applies in this Chapter)
labor tribunal case records
inspection, etc. (this inspection, etc. of a case record, etc. means inspection, etc. of a case record, inspection, etc. of a non-electronic or magnetic record of a disposition on the collection of evidence, or inspection, etc. of an electronic or magnetic record of a disposition on the collection of evidence
inspection of labor tribunal case records (inspecting or copying, or issuing authenticated copies, transcripts, extracts, or reproductions of non-electronic or magnetic case records (meaning non-electronic or magnetic case records provided for in Article 26, paragraph (1) of the Labor Tribunal Act); inspecting or copying electronic or magnetic case records (meaning electronic or magnetic case records provided for in Article 26-2, paragraph (1) of that Act; the same applies in the following Article), or issuing documents or electronic or magnetic records representing all or part of the content of those case records
Article 133-2, paragraphs (1) to (3), Article 133-3, paragraph (1) and Article 133-4, paragraph (2)
inspection, etc. of a case record, etc.
inspection, etc. of labor tribunal case records
Article 133-2, paragraph (2)
in case records, etc.
in labor tribunal case records
Article 133-2, paragraph (5)
electronic or magnetic case records, etc. (meaning electronic or magnetic case records, or a part of the information recorded in a file contained in the records of a case for which the disposition under Article 132-4, paragraph (1) is filed; hereinafter the same applies in this paragraph and the following paragraph)
electronic or magnetic case records
from the electronic or magnetic case record, etc.
from the electronic or magnetic case records
Article 133-2, paragraph (6)
the electronic or magnetic case record, etc.
electronic or magnetic case records
Article 133-4, paragraph (1)
a person, case records, etc.
a party or intervenor or a third party who has presented a prima facie showing of interest, the labor tribunal case records
Article 29, paragraph (1)(非訟事件手続法及び民事調停法の準用)(Application Mutatis Mutandis of the Non-Contentious Case Procedures Act and the Civil Mediation Act)Changed
Except as otherwise provided, with regard to labor tribunal cases, the provisions of Part II of the Non-Contentious Case Procedures Act (excluding Article 12 of that Act (including the cases where applied mutatis mutandis pursuant to ArticlesArticle 14 and 15 of that Act), and Articles 27, 40, 42, 42-2, 52, 53, 65, and 6565-2 of that Act) apply mutatis mutandis. In this case, the term "paragraph (2) of the preceding Article" in Article 31-2, paragraph (1) of the Act is deemed to be replaced with "Article 14, paragraph (4) of the Labor Tribunal Act"; the term "Article 42, paragraph (1) of the Non-Contentious Case Procedures Act" in Article 38 of the Act is deemed to be replaced with "Article 28-2 , paragraph (1) of the Labor Tribunal Act", and the term "paragraph (2)" in Article 43, paragraph (4) of that Act is deemed to be replaced with "Article 5, paragraph (3) of the Labor Tribunal Act". ."
Article 29, paragraph (2)(非訟事件手続法及び民事調停法の準用)(Application Mutatis Mutandis of the Non-Contentious Case Procedures Act and the Civil Mediation Act)Changed
The provisions of Articles 11, 12, 16, Article 16-2, and 36 of the Civil Mediation Act (Act No. 222 of 1951) apply mutatis mutandis to labor tribunal cases. In this case: in Article 11 of that Act, the terms "of mediation," "mediation committee," and "mediation proceedings" are deemed to be respectively replaced with "of labor tribunal proceedings," "labor tribunal," and "labor tribunal proceedings"; in Article 12, paragraph (1) of that Act, the terms "mediation committee," "for mediation," and "measure prior to mediation" are deemed to be respectively replaced with "labor tribunal," "for mediation or labor tribunal decision," and "measure prior to mediation or labor tribunal decision"; the term "Article 22" in Article 16-2, paragraph (2) of the Act is deemed to be replaced with "Article 29, paragraph (1) of the Labor Tribunal Act" ; and in Article 36, paragraph (1) of that Act, the term "the preceding two Articles" is deemed to be replaced with "Articles 31 and 32 of the Labor Tribunal Act (Act No. 45 of 2004)."
In addition to what is provided for in this Act, necessary particulars concerning labor tribunal proceedings are prescribed by the Rules of the Supreme Court.
この法律に定めるもののほか、労働審判手続に関し必要な事項は、最高裁判所規則で定める。
Article 31第三十一条
Penalty for Nonappearance(不出頭に対する制裁)
Article 31, paragraph (1)
If a person who has been summoned to appear by the labor tribunal judge in relation to a case does not appear without justifiable grounds, the court will fine that person with a civil fine of not more than 50,000 yen.
Penalty for Noncompliance with Measure(措置違反に対する制裁)
Article 32, paragraph (1)
If a party to the case does not comply with the measure ordered under the provisions of Article 12 of the Civil Mediation Act as applied mutatis mutandis pursuant to Article 29, paragraph (2), without justifiable grounds, the court will fine that person with a civil fine of not more than 100,000 yen.
Criminal Disclosure of Confidential Deliberations(評議の秘密を漏らす罪)
Article 33, paragraph (1)
If a labor tribunal member or a person who was a labor tribunal member divulges any information with respect to the proceedings of deliberations, the opinions of the labor tribunal judge and labor tribunal members, or the number minority or majority opinions without justifiable grounds, that member or person will be fined not more than 300,000 yen.
Criminal Disclosure of an Individual's Confidential Information(人の秘密を漏らす罪)
Article 34, paragraph (1)
If a labor tribunal member or a person who was a labor tribunal member divulges any individual's confidential information obtained in the course of their duties without justifiable grounds, that member or person will be sentenced to imprisonment for not more than one year or fined not more than 500,000 yen.