일본에서의 제정 근로계약법의 내용과 분석

According to the socio-economic development, the types of employment have been diversified and the working conditions of employees have been decided individually. However the written law which solves civil-disputes surrounding employment contracts has not been prepared sufficiently. Several countries have tried to enact labor contract law which rules employment contract disputes for workers and employer fairly and clearly. In Japan, Labor Contract Act was enacted on November 28, 2007 and came into effect on March 1, 2008. Labor Contract Act in Japan is a small law consisting of just 19 clauses. It stipulates only principles agreed upon concerning labor contract measures and the enactment of case law for particular items. But it is the first to be introduced to Japan as a basic principle of labor contracts between labor and management, so its enactment has major significance. The normative nature of Labor Contract Act in Japan is analyzed as a special civil law, clearly distinguished from the labor standards law. And it emphasizes the high regard for individual agreement between worker and employer. As for the collective rule making system on working conditions, it stipulates the legal theory of precedents on ‘rules of employment’ system.