earticle

영어

Every country has a legislation prohibiting discrimination against casual
workers to cope with widening disparity between casual workers and
permanent workers. The way that legislation regulating discrimination is
different in Korea and Japan, even though their wage system and
personnel management is very similar. In this regard this paper aims to
review how the Japanese legislation prohibiting discrimination against
casual workers developed, and what is the standard for resonable cause
of unequal treatment.
The Japanese legislation prohibiting discrimination against casual
workers had been made gradually through discussion among labour law
professors. The debate originated from the issue on whether casual
workers were able to be regarded as the social status mentioned in the
article 3 of Labour Standards Law. It moved to the issue that the principal
of equal pay for equal work could be regarded as public order and
standards of decency. Through dialectical process among theories, balanced
treatment principal was settled down as a principal of law to deal with
equity between casual workers and permanent workers in Japan. The
concept of balanced treatment principal is considering significantly Japanese
labour practice, and it can be said to be superordinate concept that includes parity of treatment.
This paper makes proposals based on the Japanese Legal System
prohibiting discrimination against casual workers. For example, it is
necessary to establish rules enhancing casual workers’ comprehension about
labor condition to prevent conflict. Also a committee composed of both
employer and casual workers is needed to introduce to help them resolve
conflict by themselves. In terms of what is the standard for resonable
cause of unequal treatment, representing it by types according to purpose
and nature of labour is helpful to lessen abstractness.