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Q&A that we deal with use of labor relations board

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About the use of labor relations board

 

Are fees included to use Q labor relations board?
The use of A labor relations board is free.

 

Will you keep Q secret?  
We keep absolutely quiet about A secret. Committee member and the staff of labor relations board have confidentiality based on the Labor Union Law, and it is prohibited that we express information that we were able to know on work elsewhere. Please talk in peace.

 

About mediation of individual labor relationship dispute

What kind of Q trouble will you handle?
In A discharge, wage, working hours, it deals with dispute between individual workers and business owners about labor relationships such as transfers. For more information:

 

Who can apply for Q?
We work at office located in A Saga or can apply from both sides of worker individual who worked or user (business owner) or one.

 

What is Q mediation?
At first, A has asking of the situation from each side of worker and user. Afterwards, member of mediation stands among the labor and management and investigates agreement point to be tied to solution to dispute and persuades.
  We can plan solution to dispute smoothly more because member of mediation mediates and acts as go-between by talks between the labor and management when the labor and management negotiates directly.

 

When Q one does not accept mediation, what happens?
Members of mediation try to be able to understand A for persuasion.
  (but there is no compelling force.)

 

What kind of person will become member of Q mediation?
One person is appointed from "member of mediation ballot" consisting of three persons on A public interest (people of learning and experience) side, the worker side, the user side each.

 

May it not be settled by Q mediation?
A mediation is just system by understanding and cooperation to settlement of disputes of both labor and management. Therefore, we may break off mediation when we judge solution to be difficult by the situation.

 

It is far, must "mediation" go to the prefectural office to go to the Q prefectural office?
A is basic, and "mediation" goes in labor relations board room of the prefectural office. But we give advice about place and time of "mediation" when there are circumstances such as there not being transportation.

 

Please tell Q application method.
When you make A application, you bring or please mail application to the labor relations board secretariat. We can submit via the prefectural office Human Resources for Industry Division.
 In addition, we can mail style of application from the labor relations board secretariat.

 

When you apply to Q labor relations board, can you withdraw later?
We can withdraw anytime until A terminates.


About adjustment of labor dispute

 By adjustment of Q labor dispute, what kind of problem is handled concretely? 
It deals with problems in working conditions and the labor-management relations to be able to decide among A labor union and users.
  Specifically, raise in wage, sum, lump sum, discharge of various medical treatments, holding of group negotiations, rule of group negotiations vary.

 

Who can do application of adjustment of Q labor dispute?
A application is possible from labor union (group of workers), either of user.

 

Company of Q me does not have labor union, can you apply if it is not labor union?
Even if it is not A labor union, we can apply for group of temporary workers such as strikers.
  In addition, in Saga labor relations board, there is "mediation of individual labor relationship dispute" helping with of worker individual and trouble solution that accrued between business owner system.

 

Please tell Q application method.
When you make A application, you bring or please mail application to the labor relations board secretariat.
  In addition, we can mail style of application from the labor relations board secretariat.

 

 

When you apply to Q labor relations board, can you withdraw later?
We can withdraw anytime until A terminates.


 

About examination of unfair labor profit

Is it only labor union that can file relief of Q unfair labor profit?
We can say A. As well as labor union, it is labor union (including umbrella group) thinking that we received unfair labor profit or worker that can make a statement.
  But it is only labor union that can file group negotiations refusal (Labor Union Law Article 7 No. 2).

 

We are going to ask agent for Q unfair labor profit relief procedure about motion. Must agent be lawyer?
A agent does not mind other than the lawyer either, but please note Attorneys-at-Law Act Article 72 (prohibition such as the handling of legal business of nonlawyer). But by agent cannot file.

 

We heard that act said to that it was unfair labor profit could not make one year into Q unfair labor profit relief statement from done day when it passed.
We crawl on A. That's right.

  If once is only for, and the act concerned concludes, period when statement is possible is one year from the performed day, but is one year from the finished day if it is act to continue.
  Generally, continuous expense support and continuous rejection of collective bargaining correspond with act to continue.
  In addition, it is said that it is legitimate if statement of relief is done since the last payment of wage based on assessment for less than one year as wage payment based on discriminatory assessment is construed as "act to continue" as for the precedent.
(reference precedent) Beniya Corporation case (45 collection of most three oval gold coin Heisei 3.6.4 people 5 Paragraph 984, trouble size 595 six pages, seal time 1407 Paragraph 118)

 

Disadvantageous treatment such as discharge is not done by user, or Q unfair labor profit relief is uneasy by having made a statement.
In the A Labor Union Law, disadvantageous treatment to assume statements to labor relations board reason is prohibited for user. (Labor Union Law Article 7 No. 4)

 

How is examination of Q relief statement pushed forward?
Both parties attend by conduct of examination committee member appointed by altruistic member of, and A examination is carried out.
  It is pushed forward by trial to perform taking of evidence about fact that there is of fight by committee member Surveys arranging of claim of both people concerned and documentary evidence and examination of witness, and contents of order are finally decided by consultation of altruistic member of meeting.

After Q statement, what will happen if we can be reconciled with each other on the way?
In the middle of examination of A relief statement, we may recommend settlement as labor relations board and can be reconciled with each other anytime till order is settled.
  Case terminates by withdrawing statement when settlement is established at place of voluntary settlement by the person concerned or labor relations board, or receiving authorization of settlement.

 

We withdraw anytime, and is relief statement of Q unfair labor profit possible?
A libelant can withdraw all or part of statement anytime till precept is issued.

 

May user be punished by order of Q unfair labor profit?
Order of A labor relations board returns worker who by getting back to state before there was not of unfair labor profit mainly, was, for example, discharged in the case of discharge to the original workplace, and it is principle, and restitutio in integrum does not punish user so that it is said that we pay wage in the meantime.

 

When order includes dissatisfaction after copying of Q precept was issued, what should I do?
When A order includes dissatisfaction, both libelant and user can state reexamination for the Central Labour Relations Commission within a fixed period of time. In addition, we can file a suit for order cancellation in district court.

 

About screening of labor union

When does Q need screening?
A is the following case mainly.
  ・When we perform relief statement of unfair labor profit
  ・It is belonging to association and owns property and registers as corporation to make a deal

   Case
  ・When we recommend candidate of worker committee member of labor relations board
  ・When we perform free worker supply business

     For more details, please see "screening of labor union".


Before Q, we receive labor union screening to do legal personality registration, and unfair labor profit relief is going to make a statement in a few days, is second screening application necessary?
A is necessary.
  When reason to fix for law accrues, in system that labor relations board examines about the actual situation of labor union at that time each time, we give constant qualifications or position to labor union by one examination permanently or do not authorize screening system.
 In addition, it is not necessary to receive screening of labor union beforehand, and please submit labor union screening application in conjunction with petition for unfair labor profit relief.

 

How is procedure for Q screening pushed forward?
We determine whether you meet regulations of the Labor Union Law at A altruistic member of meeting.
  As a result, decree is made, and copying is issued by labor union. In this case it is association which adapted to examination, and qualification is issued to association where it is necessary to receive grant of qualification.

 

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Saga prefectural government office (corporation number 1000020410004) 〒 840-8570  1-1-59, Jonai, Saga-shi   Tel: 0952-24-2111 (main)     
Copyright© 2016 Saga Prefecture.All Rights Reserved.

Saga prefectural government office (corporation number 1000020410004)

〒840-8570
1-1-59, Jonai, Saga-shi
Tel: 0952-24-2111 (main)
Copyright© 2016 Saga Prefecture.All Rights Reserved.