Consultation cases related to individual labor disputes shows sharp yearly increase

Following the enactment in October 2001 of the Law for Promoting the Resolution of Individual Labor Disputes, which promotes the swift resolution of labor disputes between workers and enterprise owners, prefectural labor bureau directors have been providing information and consultation services aimed at the preemptive prevention of individual conflicts as well as advice and guidance in the settling of disputes. The Dispute Adjustments Committee also offers mediation and other services.

The situation regarding the implementation of the individual labor dispute resolution system, announced by the Ministry of Health, Labour and Welfare in May, showed that a total of 140,822 civil labor dispute cases were brought to general labor consultation desks in FY2003, constituting a staggering 36.5% increase from the previous year. The largest number of consultations, 29.8%, pertained to issues related to dismissal, followed by the deterioration of working conditions (15.8%) and bullying/harassment (7.4%). General labor consultation desks are set up in approximately 300 locations nationwide.

A sharp increase was also seen in cases that could not be resolved by the general labor consultation desk and were referred to a prefectural labor bureau director for advice and guidance, which totaled for 4,377 cases, or a 87.7% rise from the previous year. For these cases, dismissal topped the list with 35.8%, followed by the deterioration of working conditions (12.8%) and bullying/harassment (6.5%). Although the majority of those who requested consultations were employees (97.2%), employers (2.8%) also sought consultation. Regular, full-time employees accounted for the largest number of consultation requests (63.4%), but requests by part-time and temporary workers (30.5%) were also on the rise, reflecting the recent increase in non-regular workers.

Meanwhile, 5,352 mediation requests were sent to the Dispute Adjustments Committee, up a sizeable 76.3% over the previous year, with the breakdown of applicants showing a trend similar to that for advice and guidance. Agreement was reached in a total of 2,154 cases (42.2%), while 467 cases (9.2%) were withdrawn because the parties concerned voluntarily resolved the dispute. However, 2,439 cases (47.8%) were terminated due to reasons such as the failure of one of the disputing parties to participate in procedures, indicating that close of half of all cases brought to the Dispute Adjustments Committee did not result in a settlement.

(See JLF No. 5, Current Topics.)