労働関係調整法(昭和二十一年法律第二十五号)
Labor Relations Adjustment Act(Act No. 25 of 1946)
最終更新:平成十六年法律第百四十号
Last Version: Act No. 140 of 2004
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令和3年9月11日
- 最終更新:平成十六年法律第百四十号
- 翻訳日:令和3年6月30日
- 辞書バージョン:14.0
労働関係調整法
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Labor Relations Adjustment Act
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昭和二十一年九月二十七日法律第二十五号
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Act No. 25 of September 27, 1946
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第一章 総則
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Chapter I General Provisions
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Article 1The purpose of this Act are, in conjunction with the Labor Union Act, to promote the fair adjustment of labor relations and to prevent or settle labor disputes and thereby contribute to the maintenance of industrial peace and economic development.
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Article 2The parties involved in labor relations must make special efforts mutually to promote proper and fair labor relations, to prescribe in labor agreement matters concerning the establishment and operation of regularized organs in order to promote the constant adjustment of labor relations at all times, and, in the event labor disputes have occurred, to settle them voluntarily in good faith.
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Article 4No provision in this Act is to be construed either to preclude the parties from prescribing working conditions and other matters regarding labor relations, or from adjusting differences in their claims concerning labor relations through direct consultations or collective bargaining, or to waiver the parties involved in labor relations of their responsibility for making such efforts.
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一運輸事業
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(i)transportation business;
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二郵便、信書便又は電気通信の事業
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(ii)mail, correspondence delivery or telecommunications business;
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三水道、電気又はガスの供給の事業
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(iii)business for supplying water, electricity or gas;
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四医療又は公衆衛生の事業
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(iv)medical treatment or public health business.
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(2)With the approval of the Diet, in addition to the businesses set forth in the preceding paragraph, the Prime Minister may designate as a public welfare business any business the stoppage of which will seriously affect the national economy or seriously endanger the daily life of the general public, limited to a period of not more than one year.
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Article 8-2(1)Special members for adjustment may be established in the Central Labour Relations Commission by the Minister of Health, Labor and Welfare and in Prefectural Labour Relations Commissions by the prefectural governor in order to have them participate in conciliation or arbitration of labor disputes carried out by the Labour Relations Commissions.
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4特別調整委員のうち、使用者を代表する者は使用者団体の推薦に基づいて、労働者を代表する者は労働組合の推薦に基づいて、公益を代表する者は当該労働委員会の使用者を代表する委員(特定独立行政法人等の労働関係に関する法律(昭和二十三年法律第二百五十七号)第二十五条に規定する特定独立行政法人等担当使用者委員(次条において「特定独立行政法人等担当使用者委員」という。)を除く。)及び労働者を代表する委員(同法第二十五条に規定する特定独立行政法人等担当労働者委員(次条において「特定独立行政法人等担当労働者委員」という。)を除く。)の同意を得て、任命されるものとする。
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(4)Of the special members for adjustment, those representing the employers are to be appointed based upon the recommendation of the employers' organizations, those representing the workers are to be appointed based upon the recommendation of the labor unions, and those representing the public interest are to be appointed with the consent of both the members of the Labour Relations Commission concerned that represent employers (excluding the employer members responsible for the specified incorporated administrative agencies, etc., as provided for in Article 25 of the Act on Labor Relationship of Specified Independent Administrative Agency, etc. (Act No. 257 of 1948) (referred to in the following Article as "the employer members, etc. responsible for the specified incorporated administrative agencies")), and the members of the Labour Relations Commission concerned that represent the workers (excluding the labor members responsible for the specified incorporated administrative agencies, etc., as provided for in Article 25 of the above mentioned Act (referred to in the following Article as "the labor members responsible for the specified incorporated administrative agencies, etc.").
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第八条の三中央労働委員会が第十条の斡旋員候補者の委嘱及びその名簿の作成、第十二条第一項ただし書の労働委員会の同意、第十八条第四号の労働委員会の決議その他政令で定める事務を処理する場合には、これらの事務の処理には、使用者を代表する委員のうち特定独立行政法人等担当使用者委員以外の委員(第二十一条第一項において「一般企業担当使用者委員」という。)、労働者を代表する委員のうち特定独立行政法人等担当労働者委員以外の委員(同項において「一般企業担当労働者委員」という。)並びに公益を代表する委員のうち会長があらかじめ指名する八人の委員及び会長(同項及び第三十一条の二において「一般企業担当公益委員」という。)のみが参与する。この場合において、中央労働委員会の事務の処理に関し必要な事項は、政令で定める。
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Article 8-3In the case that the Central Labour Relations Commission performs the functions of appointment of candidates for mediators and preparation of a list thereof, as provided for in Article 10; giving the consent of the Labour Relations Commission as provided for in the proviso to Article 12, paragraph (1); agreeing on a resolution of the Labour Relations Commission as provided for in Article 18, item (iv); and other functions prescribed by Cabinet Order, only those members representing the employers other than the employer members responsible for the specified incorporated administrative agencies, etc. (such members being referred to as "the employer members responsible for general enterprises" in Article 21, paragraph (1)), those members representing the workers other than the labor members responsible for the specified incorporated administrative agencies, etc. (such members being referred to as "the labor members responsible for general enterprises" in the paragraph), and eight members representing the public interest nominated in advance by the chairperson, together with the chairperson (referred to as "the public members responsible for general enterprises" in the paragraph and in Article 31-2) participate in the performance of those functions. In these cases, matters necessary for the performance of the functions of the Central Labour Relations Commission are prescribed by Cabinet Order.
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第九条争議行為が発生したときは、その当事者は、直ちにその旨を労働委員会又は都道府県知事(船員法(昭和二十二年法律第百号)の適用を受ける船員に関しては地方運輸局長(運輸監理部長を含む。)以下同じ。)に届け出なければならない。
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Article 9When acts of dispute have occurred, the parties concerned must immediately report to that effect to the Labour Relations Commission or the prefectural governor (or, as regards mariners covered by the Mariners Act (Act No. 100 of 1947), to the Director of the Local Transport Bureau (including the Director of the Transport Control Division); the same applies hereinafter).
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第二章 斡旋
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Chapter II Mediation
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Article 12(1)In the case of labor disputes, upon the request or its authority of one or both of the parties concerned, the chairperson of the competent Labour Relations Commission must nominate mediators from the list of mediators; provided, however, that with the consent of the Labour Relations Commission a person not on the list may be nominated by the chairperson as a temporary mediator.
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2労働組合法第十九条の十第一項に規定する地方において中央労働委員会が処理すべき事件として政令で定めるものについては、中央労働委員会の会長は、前項の規定にかかわらず、関係当事者の双方若しくは一方の申請又は職権に基づいて、同条第一項に規定する地方調整委員のうちから、あつせん員を指名する。ただし、中央労働委員会の会長が当該地方調整委員のうちからあつせん員を指名することが適当でないと認める場合は、この限りでない。
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(2)With respect to disputes prescribed by Cabinet Order as disputes to be dealt with by the Central Labour Relations Commission in local areas provided for in Article 19-10, paragraph (1) of the Labor Union Act, the chairperson of the Central Labour Relations Commission, notwithstanding the provisions of the preceding paragraph, upon the request or its authority of one or both of the parties, nominates mediators from among the local members for adjustment provided for in paragraph (1) of the same Article; provided, however, that this does not apply in the case that the chairperson of the Central Labour Relations Commission determines that it would be inappropriate to nominate a mediator from among the local members for adjustment concerned.
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第三章 調停
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Chapter III Conciliation
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Article 17Conciliation of a labor dispute by the Labour Relations Commission under the provisions of Article 20 of the Labor Union Act is prescribed by the provisions of this Chapter.
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一関係当事者の双方から、労働委員会に対して、調停の申請がなされたとき。
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(i)when an application for conciliation has been made to the Labour Relations Commission by both parties concerned;
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二関係当事者の双方又は一方から、労働協約の定めに基づいて、労働委員会に対して調停の申請がなされたとき。
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(ii)when an application for conciliation has been made to the Labour Relations Commission by either one or both of the parties concerned based on the provisions of a labor agreement;
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三公益事業に関する事件につき、関係当事者の一方から、労働委員会に対して、調停の申請がなされたとき。
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(iii)when, in a case concerning a public welfare business, an application for conciliation has been made by either party concerned to the Labour Relations Commission;
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四公益事業に関する事件につき、労働委員会が職権に基づいて、調停を行う必要があると決議したとき。
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(iv)when, in a case concerning a public welfare business, the Labour Relations Commission has decided on its authority that it is necessary to carry out a conciliation;
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五公益事業に関する事件又はその事件が規模が大きいため若しくは特別の性質の事業に関するものであるために公益に著しい障害を及ぼす事件につき、厚生労働大臣(船員法の適用を受ける船員に関しては国土交通大臣。以下同じ。)又は都道府県知事から、労働委員会に対して、調停の請求がなされたとき。
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(v)when, in a case concerning a public welfare business or in a case of a large scope or that involving business of a special nature and therefore seriously affect public welfare, a request for conciliation has been made by the Minister of Health, Labor and Welfare (or, as regards mariners covered by the Mariners Act, by the Minister of Land, Infrastructure and Transport; the same applies hereinafter) or by the prefectural governor to the Labour Relations Commission.
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Article 21(1)The chairperson of the Labour Relations Commission nominates the conciliation committee members representing the employers from among the employer members of the Labour Relations Commission (or, in the case of the Central Labour Relations Commission, from among the employer members responsible for general enterprises) or the special members for adjustment of the Labour Relations Commission representing the employers; nominates the conciliation committee members representing the workers from among the labor members of the Labour Relations Commission (or, in the case of the Central Labour Relations Commission, from among the labor members responsible for general enterprises) or the special members for adjustment of the Labour Relations Commission representing the workers; and nominates the conciliation committee members representing the public interest from among the public members of the Labour Relations Commission (or, in the case of the Central Labour Relations Commission, from among the public members responsible for general enterprises) or the special members for adjustment of the Labour Relations Commission representing the public interest.
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2労働組合法第十九条の十第一項に規定する地方において中央労働委員会が処理すべき事件として政令で定めるものについては、中央労働委員会の会長は、前項の規定にかかわらず、同条第一項に規定する地方調整委員のうちから、調停委員を指名する。ただし、中央労働委員会の会長が当該地方調整委員のうちから調停委員を指名することが適当でないと認める場合は、この限りでない。
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(2)With respect to cases prescribed by Cabinet Order as those to be dealt with by the Central Labour Relations Commission in the local areas provided for in Article 19-10, paragraph (1) of the Labor Union Act, the chairperson of the Central Labour Relations Commission nominates, notwithstanding the provisions of the preceding paragraph, conciliation committee members from among the local members for adjustment provided for in paragraph (1) of the same Article; provided, however, that this does not apply in the case that the chairperson of the Central Labor Relations Commission finds that it would be inappropriate to nominate a mediation committee member from among those local members for adjustment.
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Article 26(1)The conciliation committee may draft a conciliation proposal, present it to the parties concerned and recommend that it be accepted, as well as to publish the conciliation proposal together with a statement of the reasons therefor. If necessary, the conciliation committee may request the cooperation of newspapers and radio stations in making these matters public.
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(2)If the conciliation proposal presented under the preceding paragraph is accepted by both parties concerned and thereafter disagreement arises over interpretation or implementation of the mediation proposal, the parties concerned must request the conciliation committee to provide its views on the interpretation or implementation of the proposal.
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(4)Until the views on interpretation or implementation under the preceding paragraph have been presented, neither of the parties concerned may resort to acts of dispute with regard to the interpretation or implementation of the conciliation proposal; provided, however, that this does not apply in the case that the period set forth in the preceding paragraph has elapsed.
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第四章 仲裁
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Chapter IV Arbitration
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Article 29Arbitration of a labor disputes by the Labour Relations Commission under the provisions of Article 20 of the Labor Union Act is prescribed by the provisions of this Chapter.
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一関係当事者の双方から、労働委員会に対して、仲裁の申請がなされたとき。
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(i)when a request for arbitration has been made to the Labour Relations Commission by both parties concerned;
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二労働協約に、労働委員会による仲裁の申請をなさなければならない旨の定がある場合に、その定に基いて、関係当事者の双方又は一方から、労働委員会に対して、仲裁の申請がなされたとき。
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(ii)when a request for arbitration has been made to the Labour Relations Commission by either one or both of the parties concerned based on a provision in a labor agreement requiring that a request for arbitration by the Labor Relations Commission be made.
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Article 31-2The chairperson of the Labour Relations Commission nominates the arbitration committee members from among the members of the Labour Relations Commission or the special members for adjustment representing the public interest, who have been selected with the agreement of the parties concerned; provided, however, that in the case that selection in accordance with the agreement of the parties concerned has not been conducted, the chairperson of the Labour Relations Commission nominates the arbitration committee members, after asking the opinions of the parties concerned, from among the members of the Labor Relations Commission (or, in the case of the Central Labour Relations Commission, from among the public members responsible for general enterprises) or the special members for adjustment representing the public interest
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Article 31-5Members of the Labour Relations Commission, or special members for adjustment, representing the employers or members of the Labour Relations Commission, or special members for adjustment, representing the workers, nominated by the respective parties concerned, may attend meetings of the arbitration committee and state their opinions with the consent of the arbitration committee.
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第四章の二 緊急調整
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Chapter IV-2 Emergency Adjustment
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Article 35-2(1)The Prime Minister, where they find that, because the case is related to public welfare business, or is of a large scope or is related to business of a special nature, suspension of the operation thereof arising from an act of dispute would gravely hamper the operation of the national economy or gravely imperil the daily lives of the people, may make a decision of an emergency adjustment, but only when such a risk actually exists.
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(2)The Prime Minister must, in making the decision set forth in the preceding paragraph, ask the opinion of the Central Labour Relations Commission (or as regards mariners covered by the Mariners Act, of the Central Labour Relations Commission for Seafarers; the same applies hereinafter) in advance.
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一斡旋を行ふこと。
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(i)undertake mediation;
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二調停を行ふこと。
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(ii)undertake conciliation;
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三仲裁を行ふこと(第三十条各号に該当する場合に限る。)。
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(iii)undertake arbitration (limited to cases falling under the provisions of any item of Article 30);
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四事件の実情を調査し、及び公表すること。
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(iv)investigate and publicize the facts of the case;
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五解決のため必要と認める措置をとるべきことを勧告すること。
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(v)recommend to take measures deemed necessary for the settlement of the case.
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Article 35-5No administrative appeal under the Administrative Complaint Review Act (Act No. 160 of 1962) may be filed with respect to a decision made by the Prime Minister pursuant to the provisions of Article 35-2.
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第五章 争議行為の制限禁止等
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Chapter V Restriction, Prohibition, etc., of Certain Acts of Dispute
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Article 37(1)When a party concerned in a case involving public welfare business resorts to an act of dispute, the party must notify the Labour Relations Commission and the Minister of Health, Labor and Welfare or the prefectural governor to that effect, at least ten days prior to the day on which the act of dispute is to be commenced.
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(2)The provisions of the preceding paragraph, in the case of corporation, apply to the executive board members, directors, executive officers or other officers who execute the business of the corporation, and in the case of organization without legal personality, apply to the representative person or other officers who execute the business of the organization.
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