In short, the purpose of Trade Union and Labor Relations Adjustment Act(here in after referred to as the ‘Trade Union Act') is to improve the working condition of workers and to maintain industrial peace by self-agreement of two-parties
However, termination of collective agreement by notifying of termination that is prescribed in Article 33, clause 3 of Trade Union Act is counter to this purpose. Because termination of collective agreement by a unilateral expression of will under no-restriction can invalid legal tranquility and other system based on collective agreement widely.
In particular, trade union-activities involved in the use of trade union office, a bulletin board and full-time officer etc that can be acknowledged after agreement of employer that for the most part can be existed in the forms of collective agreement and this termination of collective agreement is turned against workers.
In this point of view, this termination of collective agreement being growed rapidly centering public sector until recently involves various dangerousness that is connected to shortage of peaceful functions that collective agreement have discharged and can be extended to be do harm to the basis of collective agreement as a self-norm.
So it is requisite to minimize social conflict by presenting the requirements and limitations on the termination of collective agreement by notifying termination.
For this (1) the legal intent of the latter part in article 33, clause 3 of Trade Union Act prescribing terminate the existing collective agreement by notifying termination should be sought from article 33, clause 2 disapproving unlimited collective agreement and article 33, clause 3 approving self-extension agreement
(2) From this point of view, self-extension agreement allowed to terminate should be restricted to the agreement that can be equated unlimited collective agreement not all self-extension agreement
(3) The termination will be allowed under this condition, yet the termination with intent to weak trade union-activities and of collective bargaining and refusal and delay of collective bargaining by reason of the termination can be judged to unfair labor practices.