Labor issue paper Essay Example | Topics and Well Written Essays - 6500 words

Labor issue paper - Essay ExampleAnalysis of resemblance in cases where workers were reinstated and kept on the payroll, and features of cases where workers resigned, despite their intention to return, revealed that whether or not the workers were allowed an opportunity to argue about labor conditions with their employer in a group before their acquittance probably has a significant effect on the possibility of reinstatement. 1. Introduction Based on cross-country comparisons regarding which out of hire and reinstatement is primarily granted as a renovate for unjust dismissal, it was revealed that remedies in Japan are reinstatement-centered. A ranking on a scale of one to four regarding the possibility of reinstatement in cases of unjust dismissal among 40 OECD and non-OECD countries channelizes that 9 countries, including Japan, are ranked first as countries where reinstatement is possible on almost every occasion. Some of the 9 countries also offer options for compensation dep ending upon types of dismissal and intent of workers2. However, in Japan, reinstatement is always possible regardless of types of dismissal and intent of workers and, therefore, it is safe to say that remedies in Japan are reinstatement-centered. In Japan, courts beget decided that dismissal without rational reasons and social adequacy is not valid. Also, workers unjustly dismissed in Japan may claim compensation for damages. Further, it has been said that many workers do not choose the option to return to their former employer or quickly resign after reinstatement even if the court rejects the dismissal as invalid. This goes to show that reinstatement-centered remedies do not always entail high rate of actual reinstatement. How often does reinstatement take place and what are the decisive factors of reinstatement possibilities? Driven by these questions in mind, the author investigated how often reinstatement is realized and the effectiveness of reinstatement remedies in the past3 . Though direct investigation of dismissed workers was not possible in that investigative study, the author had a chance to hold interviews of dismissed workers later4. This study is aimed at describing decisive factors of possibilities of reinstatement5 that are implied by information acquired through the interviews survey. In Section 2, a brief overview of findings of Yamaguchi (2001) is provided and data used in this study are described. In Section 3, findings regarding the correlation between Japanese employment practices and reinstatement-centered remedies are reviewed. In Section 4 uncouth factors among cases where returners keep operative in their former organizations are considered. In Section 5, reasons workers did not return to their former positions despite their actions to the court for reinstatement are discussed. The last partition is the conclusion. 2. Findings of Yamaguchi (2001) and Data Used in This Study For Yamaguchi (2001), the author could not directly cont act the dismissed workers and, therefore, made questionnaire surveys and interviewed14 lawyers familiar with labor issues 9 lawyers primarily working for workers and 5 lawyers primarily working for employers. This study defined the primary factors of possibilities of reinstatement as follows (1) Employer factor level of employers acceptance of reinstatement (2) Dismissed worker factor (a) the fact that whatsoever workers seek to return to their job as a remedy but others do not, and (b) persistence