在日本,特别是在第二次世界大战刚结束后的混乱时期,从1945年至1980年间,劳使纠纷频发,其中绝大多数诉至各城市法院,因此推动了劳动法学的长足进展。现在关于劳动问题的法律解释,劳动法学者的通说及判例已基本确立。在那以前,学说也好、判例也好,还没有充分确立,这也是原因之一,解决劳使间尖锐对立的方策也难以寻觅,由于长期的劳动争议,使得企业破产,经营者妻离子散,其中也不乏自杀者。 一方面,工会内部会员由于思想、信条(例如:自由主义、社会主义、共产主义等)及对雇佣者斗争方针未必一致,会员间产生毫不妥协的对立,多数会员退会,组成新工会(所谓第二工会),由于上述对立的激化,基于多数决定原则的工会运营自身成为不可能,工会机能完全瘫痪的事态也经常发生。 In Japan, especially during the confusion after the Second World War, labor disputes were frequent between 1945 and 1980, with the overwhelming majority of them suing municipal courts, thus driving the significant progress of labor law. Now that the legal interpretation of the labor issue, labor law scholars’ sayings and precedents have been basically established. Until then, neither the doctrine nor the precedents were well established. This is also one of the reasons why it is difficult to find a solution to the sharp opposition between labor and labor. As a result of prolonged labor disputes, the enterprise is bankrupted, , Many of whom are suicides. On the one hand, internal members of trade unions are not uncompromisingly opposed to each other due to their ideological and creed (eg liberalism, socialism, communism, etc.) and their policy toward the struggle of employers. Most members withdraw from the association and form new unions (the so-called The second trade union). Owing to the intensification of the above antagonisms, the operation of trade unions based on the principle of majority decision became impossible by itself and the situation in which trade union functions were completely paralyzed also occurred frequently.