Foreign worker's Bible 091206

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My employer has not paid me nor has he given me the holidays promised before I came to Japan.

I'd like to organize a labor union to better negotiate with the firm.

What do I have to do to organize a labor union?

A;

Even foreign workers have the right to organize a labor union, bargain collectively and go on strike.

These rights are guaranteed by the Constitution of Japan for every worker, regardless of nationality.

#(Right to Organize, Bargain Collectively and Go on Strike)

The Constitution of Japan Article 28
The right of workers to organize and to bargan and act collectively is guaranteed.

In addition, the Labor Union Law stipulates an unfair labor practice system and a labor commitee system to affirm a rights of workers, and it provides for the requirements of a labor union that can be protected by it.

According to the law, the labor union shall be:
1, an organization formed substantinally by workers,

2, independent of the employer, and

3, an organization that operates in a democratic manner(in term of the operating of the union itself as well).

If such requirements are properly met, the labor union can make its presence known, and there is not need to be authorized by any civil authority or report thereto.

The labor union as such shall have at least two members.

#(Labor union)
The labor union Law Article 2
Labor unions under the present law shall be those organizations, or federations thereof, formed autonomously and substantially by workers for the main porpose of maintaining and improving working conditions and for raising the economic status of workers.

Most Japanese labor unions are company based ones, but there are no legal regulations framing how a labor union may be formed.

Consequently, workers may organize a labor union by region, occupation, or by affiliated companies.

A labor union shall have the right to bargain collectively with the company for which its members work, regardless of the number of members.

There is no system in Japan like the exclusive negotiatuion representative system in the United State of America (where only a labor union that has a majority of workers is endowed with the right to bargain collectively).