Labor Union Act

The Labor Union Act (Act No. 51 of 1945) is wholly amended.

①The purpose of this Act is to elevate the status of workers by promoting their being on equal standing with their employer in their negotiations with the employer; to defend the exercise by workers of voluntary organization and association in labor unions so that they may carry out collective action, including the designation of representatives of their own choosing to negotiate working conditions; and to promote the practice of collective bargaining, and procedures therefore, for the purpose of concluding collective agreements regulating relations between employers and workers.

②The provisions of Article 35 of the Penal Code (Act No. 45 of 1907) are to apply to collective bargaining and other acts of labor unions which are justifiable and have been performed for the attainment of the purpose of the preceding paragraph, provided, however, that in any case exercises of violence must not be construed as justifiable acts of labor unions.

The term "labor unions" as used in this Act means those organizations, or federations thereof, formed voluntarily and composed mainly of workers for the main purposes of maintaining and improving working conditions and raising the economic status of the workers; provided, however, that this does not apply to cases that fall under any of the following items:

The term "workers" as used in this Act means those persons who live on their wages, salaries, or other equivalent income, regardless of the kind of occupation.

①Unless a labor union has submitted evidence to the Labour Relations Commission and proved that it is in compliance with Article 2 and paragraph (2) of this Article, the labor union is not qualified to participate in the procedures provided in this Act and will not be granted the remedies provided in this Act; provided, however, that nothing herein should be construed as to deny protections for individual workers pursuant to Article 7, item (i).

②The constitution of a labor union must include the provisions listed in the following items:

Representatives of a labor union or those to whom the authority has been delegated by the labor union have authority to negotiate with the employer or the employers' organization on behalf of the labor union or the members of the labor union with respect to conclusion of collective agreements and other matters.

The employer must not commit the acts listed in any of the following items:

An employer may not claim compensation against a labor union or a union member for damages received through a strike or other acts of dispute which are justifiable acts.

When a labor union seeks to divert funds specially set up for mutual aid projects and other welfare businesses for other purposes, it must obtain a resolution of the general assembly meeting of the union.

A labor union will be dissolved due to the following causes:

①A labor union which has received certification by the Labour Relations Commission that it is in compliance with the provisions of this Act is incorporated by registering at the location of its main office.

②The matters necessary for registration of labor unions in addition to what is provided for in this Act are prescribed by Cabinet Order.

③The information necessary for registration of labor unions may not be duly asserted against a third party until registration has been made.

①A labor union that is a corporation must have one or more representatives.

②In the case where there are two or more representatives, if the constitution does not provide otherwise, the affairs of the labor union that is a corporation are decided by a majority of the representatives.

A representative represents the labor union that is a corporation in all of the affairs of the labor union that is a corporation; provided, however, that the representative may not act contrary to the provisions of the constitution, and must also follow the resolutions at the general assembly meeting.

With regard to the management of a labor union that is a corporation, a limitation placed on the authority of representation of a representative may not be duly asserted against a third party in good faith.

With regard to the management of a labor union that is a corporation, a representative may delegate to another person the authority to act as agent for specific acts only when this is not prohibited by the constitution or by a resolution at the general assembly meeting.

With regard to a matter in which the interests of a labor union that is a corporation and those of a representative conflict, such as the labor union that is a corporation guaranteeing an obligation of the representative or any other matter in dealings with a person other than the representative, the representative does not have the authority of representation. In this case, the court must appoint a special agent at the request of an interested person.

The provisions of Article 4 and Article 78 (excluding the case provided for in Article 8) of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) apply mutatis mutandis to a labor union that is a corporation.

A labor union that is a corporation which has dissolved is deemed to continue to exist until the completion of its liquidation, within the scope of the purpose of the liquidation.

When a labor union that is a corporation has dissolved, its representatives become its liquidators; provided, however, that this does not apply when the constitution provides otherwise, or when a person other than a representative has been appointed at the general assembly meeting.

When there is no person who is to become a liquidator pursuant to the provisions of the preceding Article, or when there is a risk that damage will arise because of a vacancy in the position of liquidator, the court may appoint a liquidator at the request of an interested person.

When there are serious grounds, the court may dismiss a liquidator at the request of an interested person.

①A liquidator must, within two weeks after the dissolution, register at the location of the principal office the liquidator's name and address, and the cause and date of the dissolution.

②A liquidator who has assumed office during the liquidation must, within two weeks after assuming office, register at the location of the principal office the liquidator's name and address.

①The duties of a liquidator are as follows:

②A liquidator may perform any act necessary to carry out the duties listed in the items of the preceding paragraph.

①Within two months from the day on which a liquidator takes office, the liquidator must demand that creditors file their claims within a stated period of time, by giving public notice on at least three occasions. In such a case, the stated period of time may not be shorter than two months.

②The public notice under the preceding paragraph must include a statement that a creditor who does not submit a claim within that period is to be excluded from the liquidation; provided, however, that a liquidator may not exclude a known creditor.

③A liquidator must separately demand that each known creditor submit a claim.

④The public notice under paragraph (1) is given by publication in the Official Gazette.

A creditor who submits a claim after the expiration of the period under paragraph (1) of the preceding Article may make a claim only against the assets that, after the obligations of the labor union that is a corporation have been fully discharged, have not yet been delivered to the persons to whom the rights are to vest.

①When it has become clear during liquidation that the assets of a labor union that is a corporation are insufficient to fully discharge its obligations, the liquidator must immediately file a petition for commencement of bankruptcy proceedings and give public notice to that effect.

②In the case where a labor union that is a corporation in liquidation has become subject to an order commencing bankruptcy proceedings, the liquidator's duties are to be terminated when the liquidator has transferred the liquidator's affairs to the bankruptcy trustee.

③In the case provided for in the preceding paragraph, if the labor union that is a corporation in liquidation has already paid anything to creditors or delivered anything to the persons to whom the rights are to vest, the bankruptcy trustee may recover it.

④The public notice pursuant to the provisions of paragraph (1) is given by publication in the Official Gazette.

①The assets of a labor union that is a corporation which has dissolved vest in the person designated in its constitution.

②When the constitution does not designate the person in whom the rights are to vest or does not specify the method for designating that person, a representative may, upon a resolution at the general assembly meeting, dispose of the assets for a purpose similar to the purpose of that labor union that is a corporation.

③Assets not disposed of pursuant to the provisions of the preceding two paragraphs vest in the National Treasury.

The following cases are subject to the jurisdiction of the district court having jurisdiction over the location of the principal office of the labor union that is a corporation:

No appeal may be entered against a judicial decision appointing a liquidator of a labor union that is a corporation.

In the case where the court has appointed a liquidator of a labor union that is a corporation pursuant to the provisions of Article 13-3, it may determine the amount of remuneration to be paid by the labor union that is a corporation to that liquidator. In this case, the court must hear the statement of that liquidator.

A collective agreement between a labor union and an employer or an employers' organization concerning working conditions and other matters becomes effective when the agreement is put in writing and is either signed by or affixed the names and seals by both of the parties concerned.

①An effective period exceeding three years may not be provided for in a collective agreement.

②A collective agreement providing for an effective period exceeding three years is deemed as a collective agreement providing for an effective period of three years.

③A collective agreement which does not provide for an effective period may be terminated by either party by giving advance notice to the other party in writing either signed by or affixed the name and seal by the party giving notice of the termination. The same applies to a collective agreement which provides for a definite term that includes a provision to the effect that the agreement continues to be effective after the expiration of the period without specifying a deadline after the expiration of the period.

④The advance notice set forth in the preceding paragraph must be given at least ninety days prior to the date on which termination is to be made.

Any part of an individual labor contract that contravenes the standards concerning working conditions and other matters relating to the treatment of workers provided in the collective agreement will be void. In such a case, the invalidated part of the individual labor contract is to be governed by those standards. The same applies to particulars the individual labor contract does not prescribe.

When three-fourths or more of the workers of the same kind regularly employed in a particular factory or workplace come under application of a particular collective agreement, the agreement also applies to the remaining workers of the same kind employed in the factory or the workplace.

①When a majority of the workers of the same kind in a particular locality come under application of a particular collective agreement, the Minister of Health, Labour and Welfare or the prefectural governor may, at the request of either one or both of the parties to the collective agreement and, pursuant to a resolution of the Labour Relations Commission, decide that the collective agreement (including an agreement amended pursuant to the provisions of paragraph (2)) should apply to the remaining workers of the same kind employed in the same locality and to their employers.

②In the case the Labour Relations Commission, in adopting the resolution set forth in the preceding paragraph, finds that the collective agreement contains inappropriate parts, the Commission may amend those parts.

③The decision as prescribed in paragraph (1) is to be made by public notice.

①A Labour Relations Commission is to be composed of equal numbers of persons representing employers (hereinafter referred to as "employer members"), persons representing workers (hereinafter referred to as "labor members"), and persons representing the public interest (hereinafter referred to as "public interest members").

②The Labour Relations Commissions are to consist of the Central Labour Relations Commission and Prefectural Labour Relations Commissions.

③The particulars concerning the Labour Relations Commission in addition to what is provided for in this Act are to be prescribed by Cabinet Order.

①The Central Labour Relations Commission is established under the jurisdiction of the Minister of Health, Labour and Welfare based on the provisions of Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948).

②The Central Labour Relations Commission has the duty to defend the workers' uniting and promote the fair adjustment of labor relationships.

③In order to fulfill the duties set forth in the preceding paragraph, the Central Labour Relations Commission takes charge of affairs set forth in the provisions of Article 5, Article 11, Article 18, and Article 26 of this Act, administrative affairs concerning examination, etc., cases of unfair labor practice, (meaning the disposition of cases pursuant to the provisions of Article 7, the following Section, and Section 3 of this Act; the same applies hereinafter), administrative affairs concerning the conciliation, mediation, and arbitration of labor disputes, administrative affairs pursuant to the provisions of Article 35-2 and Article 35-3 of the Labor Relations Adjustment Act, and other administrative affairs belonging to the Central Labour Relations Commission based on other laws (including orders based on laws).

①The Central Labour Relations Commission is to be composed of fifteen members from employer members, labor members, and public interest members.

②The Prime Minister appoints the employer members based upon the recommendations of employers' organizations (for four of the employer members, based upon the recommendations of agencies engaged in administrative execution (meaning an agency engaged in administrative execution provided for in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999); the same applies in this paragraph, paragraph (2), item (ii) of the following Article, and Article 19-10, paragraph (1))). The Prime Minister appoints the labor members based upon the recommendations of the labor unions (for four of the labor members, based upon the recommendations of the labor unions formed or joined by employees provided for in Article 2, item (ii) of the Act on Labor Relations of Agency Engaged in Administrative Execution (Act No. 257 of 1948) (hereinafter referred to as "employees of an agency engaged in administrative execution" in this Chapter)). The Prime Minister, after obtaining the consent of both Houses, appoints the public interest members from among the persons stated in the list of candidates prepared by the Minister of Health, Labor and Welfare with the consent of the employer members and the labor members.

③In the case where the term of office of a public interest member has expired or a vacancy has occurred for a public interest member and the consent of both Houses cannot be obtained because the Diet is not in session or the House of Representatives has been dissolved, notwithstanding the provisions of the preceding paragraph, the Prime Minister may appoint a public interest member from among the persons stated in the list of candidates prepared by the Minister of Health, Labor and Welfare after obtaining the consent of the employer members and the labor members.

④In the case referred to in the preceding paragraph, subsequent approval by both Houses must be sought at the first session of the Diet after the appointment. In this case, if subsequent approval of both Houses cannot be obtained, the Prime Minister must immediately dismiss the public interest member.

⑤As to appointment of the public interest members, seven or more those members must not belong to the same political party.

⑥The members of the Central Labour Relations Commission (simply referred to as "members" in the following Article to Article 19-9) is to serve on a part-time basis; provided, however, that up to two public interest members may serve on a full-time basis.

①A person who has been sentenced to punishment of imprisonment or a greater punishment, and who is still under the execution of the sentence or who has not ceased to be subject to the execution of the sentence, may not become a member.

②A person who falls under any of the following items may not become a public interest member:

①The term of office of members is to be two years; provided, however, that the term of office of a member who is appointed to fill a vacancy is to be the remaining term of the predecessor.

②Members may be re-appointed.

③When the term of office of a member has expired, the member is to remain in office until a successor is appointed.

①A public interest member serving full-time may not perform any act falling under any of the following items while in office:

②A public interest member serving part-time may not perform any act falling under item (i) of the preceding paragraph while in office.

①A member loses their job in the case where the member comes to fall under any of the items of Article 19-4, paragraph (1). The same applies in the case where a public interest member comes to fall under any of the items of paragraph (2) of the same Article.

②When the Prime Minister finds that a member cannot execute their duties by reason of mental or physical disorder, a member has breached their duties, or a member has committed a misconduct unbefitting for a member, the Prime Minister may dismiss the member with the consent of the Central Labour Relations Commission in the case of an employer member or a labor member, or with the consent of both Houses in the case of a public interest member.

③Pursuant to the provisions of the preceding paragraph, if the Prime Minister has requested the Central Labour Relations Commission to give its consent to the dismissal of an employer member or a labor member, the member may not take part in the decision.

④The Prime Minister is to immediately dismiss a public interest member who has newly come to belong to a political party to which six of the other public interest members already belong.

⑤If seven or more public interest members have come to belong to the same political party (excluding cases which fall under the provisions of the preceding paragraph), with the consent of both Houses, the Prime Minister is to dismiss public interest members so that the number of public interest members belonging to the same party is six; provided, however, that the Prime Minister may not dismiss members who have not changed the political party to which they belong.

Members are to receive salaries, allowances, and other remuneration as prescribed separately by laws, and are also to be reimbursed the necessary expenses incurred in performing their duties as specified by Cabinet Order.

①The Central Labour Relations Commission is to have a chairperson.

②The chairperson is elected by the members from among the public interest members.

③The chairperson presides over the business of the Central Labour Relations Commission and represents the Central Labour Relations Commission.

④The Central Labour Relations Commission must designate in advance a member, by election by the members from among the public interest members, who acts on behalf of the chairperson in the case the chairperson is impeded from performing their duties.

①Local members for adjustment are to be established within the Central Labour Relations Commission representing the employers, the workers, and the public interest, to participate in conciliation or mediation in disputes and other cases arising between an agency engaged in administrative execution and the employees of an agency engaged in administrative execution employed by it, as well as other disputes or other cases as provided for by Cabinet Order as those to be dealt with locally by the Central Labour Relations Commission; and to participate in procedures as provided for in Article 24-2, paragraph (5).

②The Minister of Health, Labor and Welfare appoints local members for adjustment with the consent of the Central Labour Relations Commission for each district specified by Cabinet Order.

③The provisions of the main clause of Article 19-5, paragraph (1) and paragraph (2); Article 19-7, paragraph (2); and Article 19-8 apply mutatis mutandis to the local members for adjustment. In this case, the term "the Prime Minister" in Article 19-7, paragraph (2), is deemed to be replaced with "the Minister of Health, Labour and Welfare"; and the phrase "with the consent of the Central Labour Relations Commission in the case of an employer member or a labor member, or with the consent of both Houses in the case of a public interest member" in the same paragraph is deemed to be replaced with "with the consent of the Central Labour Relations Commission."

①A secretariat is to be established within the Central Labour Relations Commission to organize the administrative affairs of the Commission, and the secretariat is to have a director-general and other necessary staff members appointed by the Minister of Health, Labor and Welfare with the consent of the chairperson.

②A local office that takes charge of administrative affairs in the local area is to be established in the secretariat.

③The location, name, and jurisdictional district of a local office are prescribed by Cabinet Order.

①A Prefectural Labour Relations Commission is established under the jurisdiction of the prefectural governor.

②The Prefectural Labour Relations Commission is to be composed of thirteen members each, eleven members each, nine members each, seven members each, or five members each for employer members, labor members, and public interest members, respectively, for the number as specified by Cabinet Order; provided, however, that it may be composed of the number of members adding two members each of employer members, labor members, and public interest members to the number specified by Cabinet Order, pursuant to the provisions of Prefectural Order.

③The prefectural governor appoints the employer members based upon the recommendations of the employers' organizations, the labor members based upon the recommendations of the labor unions, and the public interest members with the consent of the employer members and the labor members.

④The appointment of public interest members is to be made in accordance with the number of public interest members listed in the left-hand column of the Appended Table for the Prefectural Labour Relations Commission (for Prefectural Labour Relations Commissions composed of members with two members added to the number specified by Cabinet Order pursuant to the proviso to paragraph 2 of this Article, the number of public interest members that added those two members ), and the number of public interest members exceeding the number specified in the right-hand column of the Table must not belong to the same political party.

⑤When a public interest member has contravened the provisions of the preceding paragraph due to their actions, the member is to retire as a matter of course.

⑥The provisions of Article 19-3, paragraph (6); Article 19-4, paragraph (1); Article 19-5; Article 19-7, the first sentence of paragraph (1), paragraph (2) and paragraph (3); Article 19-8; Article 19-9; and paragraph (1) of the preceding Article apply mutatis mutandis to Prefectural Labour Relations Commissions. In this case, the term "on a full-time basis" in the proviso to Article 19-3, paragraph (6) is deemed to be replaced with "on a full-time basis pursuant to the provisions of Prefectural Order"; "the Prime Minister" in Article 19-7, paragraph (2) is deemed to be replaced with "the prefectural governor"; "with the consent of the Central Labour Relations Commission in the case of an employer member or a labor member, or with the consent of both Houses in the case of a public interest member" in the same paragraph is deemed to be replaced with "the Prefectural Labour Relations Commission"; "the Prime Minister" in paragraph 3 of the same Article is deemed to be replaced with "the prefectural governor"; "an employer member or a labor member" in the same paragraph is deemed to be replaced with "a member of the Prefectural Labour Relations Commission"; and "the Minister of Health, Labor and Welfare" in paragraph (1) of the preceding Article is deemed to be replaced with "the prefectural governor."

In addition to those particulars provided under the provisions of Articles 5, Article 11, and Article 18, the Labour Relations Commission has the authority to conduct examinations, etc., of unfair labor practice cases and perform conciliation, mediation and arbitration of labor disputes.

①When a Labour Relations Commission finds it necessary for the public interest, its meetings may be opened to the public.

②The meetings of a Labour Relations Commission is convened by the chairperson.

③The Labour Relations Commission may not hold a meeting nor make any decision unless one or more employer members, labor members, and public interest members are present.

④Decisions are to be made by a majority of the members present, and in the case of tie in votes, the chairperson is to make the decision.

①If a Labour Relations Commission finds it necessary for performing its administrative affairs, it may request the attendance, submission of reports or necessary books and documents, by the employer or the employers' organization or the labor union, or other persons concerned. The Labour Relations Commission may also have its members or staff members (hereinafter simply referred to as "staff members") inspect factories and other relevant workplaces and inspect the business situations, books and documents and other objects.

②In cases where a Labour Relations Commission has its members or staff members inspect or investigate the places pursuant to the preceding paragraph, the Commission must require them to carry an identification card and to present the card to the persons concerned.

Members or those who have been members, as well as staff members or those who have been staff members of a Labour Relations Commission, must not disclose any secrets obtained in relation to their duties. The same applies to local members for adjustment or those who have been local members for adjustment of the Central Labour Relations Commission.

①The public interest members of a Labour Relations Commission participate in the disposition of cases as prescribed in Article 5 and Article 11; examinations, etc., of unfair labor practice cases (referred to as "examinations, etc." in the following Article); and dispositions of cases as prescribed in Article 42 of the Labor Relations Adjustment Act; provided, however, that employer members and labor members may participate in the procedures for conducting an investigation (limited to cases in which the public interest members so request) and holding a hearing pursuant to the provisions of Article 27, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17) and in the procedures for recommending a settlement pursuant to the provisions of Article 27-14, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17), or may perform an act pursuant to the provisions of Article 27-7, paragraph (4) and Article 27-12, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-17).

②The Central Labour Relations Commission may have public interest members serving full time investigate the situations of labor relationships of employees of an agency engaged in administrative execution, and other particulars found necessary for performing administrative affairs of the Central Labour Relations Commission, in addition to those related to the cases pending before the Central Labour Relations Commission.

①The Central Labour Relations Commission conducts its examinations, etc., through a panel, consisting of five public interest members appointed by the chairperson.

②Notwithstanding the provisions of the preceding paragraph, in cases that fall under any of the following items, a panel consisting of all public interest members conducts the examinations, etc.:

③A Prefectural Labour Relations Commission conducts the examinations, etc., through its panel, consisting of all public interest members; provided, however, that, as provided for by ordinance, a panel consisting of five or seven public interest members appointed by the chairperson may conduct examinations, etc. In this case, the provisions of the preceding paragraph (except items (i) and (iv)) apply mutatis mutandis to Prefectural Labour Relations Commissions.

④A Labour Relations Commission, in conducting examinations, etc., in accordance with the provisions of the preceding three paragraphs, may have one or more public interest members carry out the procedures for examinations, etc., in whole or in part (excluding disposition under the provisions of Article 5, paragraph (1), Article 11, paragraph (1), Article 27-4, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17); Article 27-7, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17, other than parts where the parties concerned or witnesses are made to give a statement or where the submitted objects are retained); Article 27-10, paragraphs (2) and (4), and Article 27-12, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17); and a motion under Article 27-20; the same applies in the following paragraph).

⑤Among the procedures for examination, etc., carried out by the Central Labour Relations Commission, the Central Labour Relations Commission may have the local members for adjustment representing the public interest undertake the procedures in whole or in part in making an investigation and holding a hearing pursuant to the provisions of Article 27, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17), and the procedures in whole or in part in recommending a settlement pursuant to the provisions of Article 27-14, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17). In this case, the local members for adjustment representing the employers and the local members for adjustment representing the workers may participate in those procedures (for the procedures in conducting an investigation, limited to the case where the local members for adjustment representing the public interest so request).

①In cases concerning the labor relationships of employees of an agency engaged in administrative execution, the Central Labour Relations Commission assumes exclusive jurisdiction over the conciliation, mediation, arbitration, and disposition (for dispositions under the provisions of Article 5, paragraph (1) and Article 11, paragraph (1) concerning a labor union that is formed or joined by employees of an agency engaged in administrative execution, the dispositions are limited to those specified by Cabinet Order); and the Central Labour Relations Commission assumes priority jurisdiction over the conciliation, mediation, arbitration, and disposition of cases which extend over two or more prefectures or which are related to issues of national significance.

②The Central Labour Relations Commission may re-examine the dispositions of the Prefectural Labour Relations Commission pursuant to the provisions of Articles 5, paragraph (1); Article 11, paragraph (1); and Article 27-12, paragraph (1), with full authority to rescind, approve, or modify the dispositions, or dismiss an appeal for re-examination of those dispositions. The re-examination is to be conducted based on an appeal of either party to the disposition of the Prefectural Labour Relations Commission, or by the Central Labour Commission's authority.

①The Central Labour Relations Commission may establish rules for its procedures as well as for the Prefectural Labour Relations Commission's procedures.

②The Prefectural Labour Relations Commission may establish rules on matters concerning the convocation of its meetings and other particulars specified by Cabinet Order to the extent that they do not violate the regulation set forth in the preceding paragraph.

①If a motion that an employer has violated the provisions of Article 7 is received, the Labour Relations Commission must conduct an investigation without delay and, if it is found necessary, hold a hearing on whether there are reasons for filing the motion. In this case, sufficient opportunity to submit evidence and to cross-examine the witnesses must be given to the employer and to the movant for the procedures of the hearing.

②A Labour Relations Commission may not accept a motion set forth in the preceding paragraph when more than one year has elapsed since the day on which the act in question was committed (in the case of a continuing act, the date on which the act was finished).

①A public interest member is disqualified from execution of duties concerning examinations in the case where the member falls under any of the following items:

②If any of the causes for disqualification prescribed in the preceding paragraph apply, the party to the case may file a motion for the disqualification of the public interest member in question.

①If a public interest member has any circumstances which should preclude fair examination, the party may challenge the public interest member.

②The party may not challenge a public interest member after the party has made a statement in writing or orally on the case to the Labour Relations Commission; provided, however, that this does not apply to a party who did not know the existence of grounds for a challenge, or when the grounds for a challenge arose after the statement was made.

①The Labour Relations Commission makes decisions on motions for disqualification or challenge.

②Public interest members who are involved in the motion for disqualification or challenge may not participate in the decisions set forth in the preceding paragraph; provided, however, that the members may state their opinions.

③The decisions made pursuant to the provisions of paragraph (1) are to be made in writing with the reasons attached.

If a motion for disqualification or challenge has been filed, the Labour Relations Commission must suspend the examination procedures until a decision is made concerning the motion; provided, however, that this does not apply when urgent action is required.

①Prior to commencement of a hearing, the Labour Relations Commission must hear the opinions of both parties and establish an examination plan.

②The examination plan set forth in the preceding paragraph must include the following information:

③The Labour Relations Commission may change the examination plan upon hearing the opinions of both parties if it finds that the change is necessary in consideration of the present state of examination and other circumstances.

④The Labour Relations Commission and the parties must endeavor to ensure that examinations are conducted in accordance with the examination plan, so as to realize a proper and expeditious examination.

①The Labour Relations Commission, upon motion by either party or by the Labour Relations Commission's authority, may examine evidence by the methods listed in item (ii) for the procedures for investigation, and by the methods listed in the following items for the procedures for hearings:

②The Labour Relations Commission, when deciding whether or not to make a disposition to issue an order to submit objects pursuant to the provision of item (ii) of the preceding paragraph (hereinafter referred to as the "order to submit objects"), must take into consideration the protection of secrets of individuals and business secrets of companies.

③The Labour Relations Commission, in issuing an order to submit objects, may order the submission of the objects other than the parts the submission of which it finds unnecessary or inappropriate as a result of consideration taken pursuant to the provision of the preceding paragraph.

④Employer members and labor members who participate in the procedure for investigations or hearings may state opinions when the Labour Relations Commission intends to issue an order to the parties or witnesses to appear pursuant to the provisions of paragraph 1, item (i) (hereinafter referred to as the "order to appear as witnesses, etc."), or intends to order the submission of the objects.

⑤The Labour Relations Commission, when it has examined evidence by its authority, must hear the opinions of the parties about the results of the examination.

⑥The motion for an order to submit objects must be filed with clarification of the following information:

⑦The Labour Relations Commission, before issuing an order to submit objects, must interrogate the holders of the objects.

⑧The Labour Relations Commission, when issuing an order to submit objects, must clarify the information listed in each item (except for item (iii)) of paragraph 6.

①The Labour Relations Commission, when having witnesses give a statement, must have them take an oath.

②The Labour Relations Commission, when having the parties give a statement, may have them take an oath.

The provisions of Article 196, Article 197, and Article 201 paragraphs (2) to (4) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the procedures whereby a Labour Relations Commission has witnesses give a statement. The provisions of Article 201, paragraph (2) as applied mutatis mutandis pursuant to the provisions of Article 210 of the same Act apply mutatis mutandis to the procedure in which a Labour Relations Commission has the parties give a statement.

①When persons have received an order to appear as witnesses, etc., or an order to submit objects from a Prefectural Labour Relations Commission (hereinafter referred to as an "order, etc., to appear as witnesses, etc." in this Article) and are dissatisfied with the order, etc., to appear as witnesses, etc., those persons may appeal to the Central Labour Relations Commission in writing for examination stating the reasons within one week from the day when they received the order, etc., to appear as witnesses, etc., (when there are compelling reasons such as natural disaster for not appealing within that period, within one week from the day following the date the reasons have ceased to exist).

②In the case that the Central Labour Relations Commission finds that there is a reason for the appeal for examination pursuant to the provisions of the preceding paragraph, it shall rescind the whole or part of the order, etc., to appear as witnesses, etc.

③When persons have received an order, etc., to appear as witnesses, etc., from the Central Labour Relations Commission and are dissatisfied with the order, the persons may file a written objection to the Central Labour Relations Commission, stating the reasons within one week from the day when they received the order, etc., to appear as witnesses, etc. (when there are compelling reasons such as natural disaster for not appealing within that period, within one week from the day following the date the reasons have ceased).

④In the case that the Central Labour Relations Commission finds that there is a reason for filing of an objection pursuant to the provisions of the preceding paragraph, it rescinds the whole or part of the order, etc., to appear as witnesses, etc., or modifies the order.

⑤The proceedings of request for examination or filing of an objection is executed in writing.

⑥The Central Labour Relations Commission may interrogate persons who request examination or file an objection by its authority.

The Labour Relations Committee may order persons interfering hearings to leave the courtroom, and take other necessary measures to maintain order at hearing tribunals.

①The Labour Relations Commission, when the case is ready to issue of an order, must certify the facts and, on the basis of the certification, admit the whole or part of the relief related to the request of the movant, or issue an order to dismiss the motion (hereinafter referred to as the "order for relief, etc.").

②Employer members and labor members who participate in the procedure for an investigation or hearing may state opinions in the case that the Labour Relations Commission intends to issue an order for relief, etc.

③The certification of facts and the order for relief, etc. set forth in paragraph (1) is to be executed in writing, and their copies must be delivered to the employer and the movant.

④An order for relief, etc. becomes effective on the day of the delivery.

①An order for relief, etc. becomes final and binding when the employer has not filed an action for rescission provided by Article 27-19, paragraph (1) within the period set forth in the same paragraph.

②If the employer does not accede to the final and binding order for relief, etc., the Labour Relations Commission must notify the district court with jurisdiction over the location of the employer to that effect. Labor unions and workers may also make this notification.

①The Labor Relations Commission may recommend settlement to the parties at any time in the course of the examination.

②When a settlement has been established between the parties and both parties make motions before the order for relief, etc. becomes final and binding, and when the Labour Relations Commission finds that the content of the settlement is appropriate to maintain or establish normal order of labor relationships between the parties, the examination procedure is terminated.

③In cases as prescribed in the preceding paragraph, the order for relief, etc. already issued for the case related to the settlement (limited to the settlement that the Labour Relations Commission finds appropriate pursuant to the provisions of the preceding paragraph; the same applies in the following paragraph) ceases to be effective.

④The Labour Relations Commission, in the case that a settlement includes agreement on payments of a certain amount of money or delivery of a certain quantity of fungible things or securities, draw up a record of settlement concerning the agreement upon request from both parties.

⑤The record of settlement prescribed in the preceding paragraph, where compulsory execution is concerned, is deemed to be the title of obligation listed in Article 22, item (v) of the Civil Execution Act (Act No. 4 of 1979).

⑥Granting of certificate of execution concerning the title of obligation set forth in the preceding paragraph is performed by the chairperson of the Labour Relations Commission. The service pursuant to the second sentence of Article 29 of the Civil Enforcement Act is to be made in the same way.

⑦Trial on objections concerning the granting of the certificate of execution, pursuant to the provisions of the preceding paragraph, is to be conducted at the district court having jurisdiction over the location of the Labour Relations Commission.

⑧Particulars necessary for the service of the record of settlement set forth in paragraph (4) and for the service pursuant to the second sentence of paragraph (6) are specified by Cabinet Order.

①When receiving order for relief, etc. from a Prefectural Labour Relations Commission, employers may request re-examination to the Central Labour Relations Commission within fifteen days (if there are compelling reasons, such as natural disaster for not making a request within that period, within one week from the day following the date the reasons ceased to exist); provided, however, that the request does not suspend the validity of the order for relief, etc., and the order for relief, etc. ceases to be effective when the Central Labour Relations Commission rescinds or modifies the order as a result of re-examination conducted pursuant to the provisions of Article 25, paragraph (2).

②The provisions of the preceding paragraph apply mutatis mutandis to requests for re-examination by labor unions or workers of the Central Labour Relations Commission.

The Central Labour Relations Commission may not re-examine an order for relief, etc. when the whole or part of the order for relief, etc. by a Prefectural Labour Relations Commission is supported by a final and binding judgment based on the action pursuant to Article 27-19, paragraph (1).

The provisions of Article 27, paragraph (1); Article 27-2 through Article 27-9; Article 27-10, paragraphs (3) through (6); and Article 27-11 through Article 27-14 apply mutatis mutandis to the procedure for re-examination taken by the Central Labour Relations Commission. In this case, the phrase "when the public member bears witness to the case" in Article 27-2, paragraph (1), item (iv) is deemed to be replaced with "when the public member bears witness to the case, or when the public member gets involved in the order for relief, etc. of a Prefectural Labour Relations Commission which has already been issued for the case."

The Labour Relations Commission, for the purpose of conducting expeditious examinations, is to set a target for the period of examination, and publicize the degree of achievement of the target and any other implementation status of the examination.

①When an employer has not requested the Central Labour Relations Commission to review an order for relief, etc. by the Prefectural Labour Relations Commission, or when the Central Labour Relations Commission has issued an order for relief, etc., the employer may file an action for rescission of the order for relief, etc. within thirty days from the day on which the order-for-relief, etc. was delivered. This period is unextendable.

②When an employer has requested the Central Labour Relations Commission to re-examine an order pursuant to the provisions of Article 27-15, paragraph (1), the employer may file an action for rescission only against the order for relief, etc. by the Central Labour Relations Commission for that request. The provisions of Article 12, paragraphs (3) through paragraph (5) of the Administrative Case Litigation Act (Act No. 139 of 1962) do not apply to this action.

③The provisions of the preceding paragraph apply mutatis mutandis to actions for rescission filed by labor unions or workers, pursuant to the Administrative Case Litigation Act.

In the case where an employer has filed an action to a court pursuant to the provisions of paragraph (1) of the preceding Article, the court in charge of the case, at the request of the Labour Relations Commission which has issued the order for relief, etc., may order the employer to comply with the whole or part of the order for relief, etc. in accordance with a ruling until the judgment becomes final and binding, or rescind or modify this ruling upon the request from the parties or by its authority.

A person who has not submitted an object notwithstanding the order to submit objects by the Labour Relations Commission (excluding persons who are not the party to the procedure for examination) may not offer evidence for the object to the court to prove facts which could be certified by the object specified in the order to submit objects; provided, however, that this does not apply when it is found that there are legitimate grounds for not submitting the object.

The Central Labour Relations Commission may request a Prefectural Labour Relations Commission to report on administrative affairs conducted by the Prefectural Labour Relations Commission pursuant to the provisions of this Act, or make recommendations, give advice, provide training of members and staff members of the secretariat, or provide any other assistance necessary for the application of laws and regulations and for conducting those administrative affairs.

①In a lawsuit in which a prefecture is the defendant pursuant to the provisions of Article 11, paragraph (1) of the Administrative Case Litigation Act (including as applied mutatis mutandis pursuant to Article 38, paragraph (1) of the same Act; the same applies in the following paragraph) related to the disposition (meaning dispositions pursuant to the provisions of Article 3, paragraph (2) of the same Act and including dispositions imposed by public interest members pursuant to the provisions of Article 24-2, paragraph (4) and dispositions imposed by local members for adjustment representing public interests pursuant to the provisions of paragraph (5) of the same Article; the same applies in the following paragraph), the Prefectural Labour Relations Commission represents the prefecture.

②The Prefectural Labour Relations Commission may designate persons from among its public interest members, directors-general or staff members of its secretariat, and have them file an action regarding the disposition of Prefectural Labour Relations Commission pursuant to the provisions of Article 11, paragraph (1) of the Administrative Case Litigation Act in which a prefecture is the defendant, or file an action in which the Prefectural Labour Relations Commission is a party.

A person who has been required to appear pursuant to the provisions of Article 22, paragraph (1) or a witness pursuant to Article 27-7, paragraph (1), item (i) (including as applied mutatis mutandis pursuant to Article 27-17), may be compensated for the expenses as specified by Cabinet Order.

The provisions of Chapter 2 and Chapter 3 of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to dispositions imposed by a Labour Relations Commission (including dispositions imposed by public interest members pursuant to the provisions of Article 24-2, paragraph (4) of this Act and dispositions imposed by local members for adjustment representing public interests pursuant to the provisions of paragraph (5) of the same Article).

No request for review may be made against the dispositions imposed by a Labour Relations Commission (including dispositions imposed by public interest members pursuant to the provisions of Article 24-2, paragraph (4) of this Act and dispositions imposed by local members for adjustment representing public interests pursuant to the provisions of paragraph (5) of the same Article) or against its inaction.

In the case that the whole or a part of the order for relief, etc. has been supported by final and binding judgment, and the order is violated, the offender is punished by imprisonment not exceeding one year or a fine not exceeding one million yen, or both.

In the case that a witness who has sworn pursuant to the provisions of Article 27-8, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17) has made a false statement, the witness is punished by imprisonment of not less than three months and not exceeding ten years.

A person who violates the provisions of Article 23 is to be punished by imprisonment not exceeding one year or by a fine not exceeding 300,000 yen.

A person who, in violation of the provisions of Article 22, has failed to report, made false reports, or failed to submit books and documents; and a person who, in violation of the same Article, has failed to appear or has escaped, obstructed, or refused inspection pursuant to the provisions of the same Article is punished by a fine not more than 300,000 yen.

When a representative of a corporation, or an agent or employee of a person or corporation has committed a violation set forth in the provisions of the preceding Article with regard to the business of the person or corporation, not only the offender, but also the person or the corporation is punished, as prescribed in the same Article.

When an employer has violated an order of the court pursuant to the provisions of Article 27-20, the employer is punished by a civil fine not exceeding 500,000 yen (in cases where the order demands physical action, and where the number of the nonperformance days from the day following the date of order exceeds five days, the amount obtained by multiplying 100,000 yen by the number of days exceeding five is added). The same applies to cases in which an employer has violated an order for relief, etc. which has become final and binding pursuant to the provisions of Article 27-13, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-17).

A person falling under any of the following items is punished by a civil fine not exceeding 300,000 yen:

When a party who has sworn an oath pursuant to the provisions of Article 27-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-17) has made a false statement, the party is punished by a civil fine not exceeding 300,000 yen.

A person who, in violation of the disposition pursuant to the provisions of Article 27-11 (including as applied mutatis mutandis pursuant to Article 27-17), has interfered in the hearing is punished by a civil fine not exceeding 100,000 yen.

①A liquidator of a labor union that is a corporation is punished by a civil fine not exceeding 500,000 yen in any of the following cases:

②The provisions of the preceding paragraph apply mutatis mutandis to the representative of a labor union that is a corporation when the representative has failed to make a registration of the changes in the registered information, as provided for in Cabinet Order issued based on the provisions of Article 11, paragraph (2) of this Act.