Labor Standards Act of 1947
Encyclopedia
The is a Japanese law. It was enacted on 7 April, 1947 to govern working conditions in Japan. According to Article 1 of the Act, its goal is to ensure that "Working conditions shall be those which should meet the needs of workers who live lives worthy of human beings."
, Harry S Truman, and Chiang Kai-Shek
issued the Potsdam Declaration
, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation
: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech
, of religion
, and of thought, as well as respect for the fundamental human rights
shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history."
The situation during the occupation was very confusing, and Teramoto managed to convince a number of industrialists, bureaucrats, and politicians that GHQ was demanding strict controls on working conditions. He and a small staff then drafted the bill, based on prewar provisions that had been suspended by the military government, as well as a review of International Labor Organization conventions. The occupation authorities knew nothing about the bill until Teramoto handed it to Theodore Cohen, head of GHQ
's Labor Division. The Americans gave the law their blessing, and Teramoto was able to tell the industrialists, bureaucrats and politicians that they had no choice but to go along with what the occupation forces wanted.
The Potsdam Declaration
As the Second World War was nearing its end, on 26 July 1945, Allied leaders Winston ChurchillWinston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
, Harry S Truman, and Chiang Kai-Shek
Chiang Kai-shek
Chiang Kai-shek was a political and military leader of 20th century China. He is known as Jiǎng Jièshí or Jiǎng Zhōngzhèng in Mandarin....
issued the Potsdam Declaration
Potsdam Declaration
The Potsdam Declaration or the Proclamation Defining Terms for Japanese Surrender is a statement calling for the Surrender of Japan in World War II. On July 26, 1945, United States President Harry S...
, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation
Occupied Japan
At the end of World War II, Japan was occupied by the Allied Powers, led by the United States with contributions also from Australia, India, New Zealand and the United Kingdom. This foreign presence marked the first time in its history that the island nation had been occupied by a foreign power...
: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and of thought, as well as respect for the fundamental human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history."
The Allied Occupation of Japan
After the Japanese surrender on 15 August 1945, allied forces, mostly American, rapidly began arriving in Japan. Almost immediately, the occupiers began an intensive program of legal changes designed to democratize Japan.Drafting process
While it was created while Japan was under occupation, the origins of the Act have nothing to do with the occupation forces. It appears to have been the brainchild of Kosaku Teramoto, a former member of the Thought Police, who was now the head of the Labor Standards section of the Welfare Ministry.The situation during the occupation was very confusing, and Teramoto managed to convince a number of industrialists, bureaucrats, and politicians that GHQ was demanding strict controls on working conditions. He and a small staff then drafted the bill, based on prewar provisions that had been suspended by the military government, as well as a review of International Labor Organization conventions. The occupation authorities knew nothing about the bill until Teramoto handed it to Theodore Cohen, head of GHQ
GHQ
GHQ from General Headquarters, may refer to:*a high level military command center, see headquarters**GHQ India - headquarters of the British India Army...
's Labor Division. The Americans gave the law their blessing, and Teramoto was able to tell the industrialists, bureaucrats and politicians that they had no choice but to go along with what the occupation forces wanted.
Subsequent amendments
After being passed in 1947, The Labor Standards Act was amended in 1947, 1949 (twice), 1950, 1952, 1954, 1956, 1958, 1959, 1962, 1965, 1967, 1968, 1969, 1972, 1976, 1983, 1984, 1985 (three times), 1987, 1991, 1992, 1993, 1995, 1997, 1998, 1999 (four times), 2001 (three times), 2002 (three times), and 2003 (three times).Structure
The law consists of 13 chapters and supplementary provisions:- Chapter 1 General Provisions (Articles 1-12)
- Chapter 2 Labor Contract (Articles 13-23)
- Chapter 3 Wages (Articles 24-31)
- Chapter 4 Working Hours, Rest Periods, Rest Days, and Annual Paid Leave (Articles 42-55)
- Chapter 5 Safety and Health (Articles 42-55)
- Chapter 6 Juveniles (Articles 56-64)
- Chapter 6-7 Women (Articles 64-2-68)
- Chapter 7 Training of Skilled Laborers (Articles 69-74)
- Chapter 8 Accident Compensation (Articles 75-88)
- Chapter 9 Rules of Employment (Articles 89-93)
- Chapter 10 Dormitories (Articles 94-96-3)
- Chapter 11 Inspection bodies (Articles 97-105)
- Chapter 12 Miscellaneous Provisions (Articles 105-2-116)
- Chapter 13 Penal Provisions (Articles 117-121)
- Supplementary Provisions