Historical and Comparative Study on the Development of "Contractisation" of Employment Relations and Industrial Relations Legislation

这一研究表明，首先，雇佣合同的概念是人为和历史地形成的，回应了英国福利国家、集体谈判和企业组织等方面的变化；其次，自《工厂法》颁布以来，由于以劳动规则设定劳动合同的内容，以及工人对企业工会的偏好等原因，劳动力市场上工人和雇主之间的权力平等没有实现的经验，以及二战前没有制定的《工会法》，这使得理顺工会集体谈判制度和工人代表协商制度之间的相辅相成的关系的问题变得困难，因为在二战后的日本，工人应该集体参与制定劳动合同的内容。

This study makes it clear, firstly that the concept of contract of employment was shaped artificially and historically, responding to the changes of welfare state, collective bargaining, and organisation of enterprises, etc. in UK, and secondly that the experience that equality of power between workers and employers in labour market was not realised because of setting the contents of labour contract by works rules since the enact of the Factory Act, and workers' preference to enterprise union etc., and the Trade Union Act was not enacted pre-World War II, makes it difficult to make clear the problem to put the mutually complementary relation between the system of collective bargaining by trade unions and the system of consultation by workers' representative in order, as what workers should collectively take part in setting the contents of labour contract in post-World War II Japan.