法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
男女雇用機会均等法の適正な運用の法理
志賀 直人
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ジャーナル フリー

1987 年 23 巻 p. 153-162

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Nearly one year has elapsed since the Equal Employment Opportunity Law came into effect. Collective agreements, and works rules in many enterprises are consequently being brought under revision nowadays. Accompanying this in many enterprises where the so-called course-orientated employment management is imposed, a new management system of employment is taking up a firm stance. Several problems exist within the framework of the Equal Employment Opportunity Law, however, and these may lead to individual and collective disputes in the future. It is important, therefore, to clarify how the Equal Employment Opportunity Law should be properly engaged. This can be said to be a significant task. In an attempt to reveal the proper engagement of the Equal Employment Opportunity Law, on the one hand, and its fundamental position, on the other, this paper will deal with the basic problems which prevail within it, and the disputable points of labour management which may arise with regard to it. This is to say: 1)We shall consider the fundamental position of the Equal Employment Opportunity Law, and shall delineate its principles and thought structure. 2)The basic problems within the framework of the law will be probed, together with those of legal enforcement of the endeavour and prohibitive provisions; sex-discrimination before and after enforcement of the law; the relation between this law and Article IV of the Labour Standards Law. 3)The disputable points of labour management with regard to the law will be considered with respect to the so-called course-orientated employment management system.

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© 1987 日本法政学会
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