HRM 603:

COMPARITIVE
STUDIES IN
INDUSTRIAL
RELATIONS

SEMESTER 1, 2022

ANISH CHAND A00210446 NAMAKA CAMPUS

RUSILA MATEA KARISHMA SHARMA: LECTURE
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Introduction
Fiji
History and Political Background
Fiji is geographically located in the south pacific, 18 00 S, 175 00 E of New Zealand and Hawaii. Fiji has
been home to many different races of people, and continues to do so. At around 1000 BC Austronesians
settled in Fiji followed by trailed by progressive rushes of Melanesians beginning around the main century
A.D. There was a continuous constant exchange between the Tongans. Samoans and Fiji and by the 900 AD
Fiji was in the range of the Tongan empire. The Tongan impact declined when the Melanesians sailors
started arriving which further blended the Melanesian and Polynesian social customs through time. Abel
Tasman, a Dutch pilgrim was the first European to detect Fiji in 1643 followed by James Cook a British
voyager in 1774. The Fiji Islands was plotted for the first time by Captain William Bligh in 1789. Numerous
dealers, whalers and merchants travelled to Fiji in the late 1800’s while the main principal teachers came in
1835. Ratu Cakobau shaped Fiji trying to unify power as chiefs that rivalled each other with the help of
European weapons massacred countless people, this was an attempt to stop war within the islands. Cakobau
later surrender Fiji to the British Empire in 1874.
The British got around 60000 Indentured Indians from India and set up a manor style economy. The Indians
were promised a beautiful and luxurious life but this were not true and were forced to work the sugarcane
fields. Around 25000 labourers decided to call Fiji home and stayed back while the rest left once their
contract expired. Fiji gained independence from the British empire in October 1970. In the 1900’s, society
was running along ethnic lines with the (itaukei), indo-fijians and Europeans living in their own little corners
of the island and languages and social customs. The itaukei feared that the indo-fijians would take over the
islands and rule dominance and in 1970, a government was formed with ethnic seating arrangements yet
despite efforts fears and hatred arose which led to two coups which led the itaukei control and forced indo-
fijians to leave the country. A transformed legislation came into effect in 1999 which was fair and prompted
to the appointment of an indo-fijian leader. In 2005 the prime minister set forward a bill that would grant
pardons to coup makers which led to then military commander Frank Bainimarama leading a military coup,
later establishing himself as the country’s leader and after elections in 2014 and 2018 that international
unions considered valid and of democracy, Fiji was later welcomed back to international matters and
dealings. Fiji’s legal system is based upon that of the English Model and has the following registered
political parties as of today,
 Fiji First
 Fiji Labour Party
 Fiji United Freedom Party
 National Federation Party
 People’s Democratic Party
 Social Democratic Liberal Party or SODELPA
 Unity Fiji

Economical Background of Fiji

With the elections in 2014 and 2018 and the run towards democracy has reignited investors to Fiji as it is
blessed with forestry, minerals and fisheries but brought along new taxes, expansion of administrative
guidelines brought a 4-year decline in growth reported by the world bank. Fiji has become one of the most
evolved and associated of the Pacific Island economies.
The tourism industry is the biggest industry and a major contributor to the national GDP of the country.
Sugar industry and agricultural exports are also influential. Fiji has a labour force population of around 353
000 as of around 2017, Majority of the labour force are divided into 3 main categories such as industry,
services and agriculture which are major contributors to the national GDP.
The tourism industry is the biggest industry in Fiji with over 400 000 visitors recorded yearly. The sugar
industry and agriculture are Fiji’s biggest exports supplying cassava, sugarcane, coconuts, eggs, sweet
potatoes, taro etc to international buyers. The services industry accounts for around 69% of the GDP
followed by industry and agriculture. Fiji is ranked 98 in terms of GDP growth and the Fijian government is
trying to promote, help the agriculture industry since the recent worldwide pandemic which saw Fiji’s
tourists count drop drastically leading the country to be economically imbalanced since it relied heavily on
the tourism industry. As of 2017 Fiji was around 1.022 billion in debt. The country’s minimum wage is
$3.50, even lower in some industries and an unemployment rate of 4.5% which directly related to the 30%
population that are living under the poverty line.

Japan
Japanese History
The people of Jomon known for their rope and clay pottery are the evidence of the first humans in Japan
around 250 000 years back. They resided in south central Honshu and ate a vegetarian diet with occasional
meat servings. The second influx of settlers are known as Yayoi who introduced working with metal, had a
big impact in the development of rice farming, and weaving, scientist believe that they originated from
Korea. The first period of written history in Japan is that of the Kofun (A.D. 250-538), which was described
by enormous entombment hills or tumuli. The Kofun were commanded by a class of refined warlord who
took on numerous traditions and developments of the Chinese. Between 538- 710 Buddhism and Chinese
writing systems came into effect during the Asoka era. Society was isolated into clans. The principal focal
government was established during the Nara time frame (710-794). The refined upper class of the population
rehearsed Buddhism and Chinese calligraphy, while horticultural townspeople followed Shintoism. Shinto
lacked holy scriptures and there were no laws regarding the religion, and therefore it was differentiated with
what was appropriate. Buddhism came from China and to give a local name for the religion it was described
as Shinto or the ‘‘Way of the Gods’’. Japan's special culture grew quickly during the Heian period (794-
1185). The supreme court turned out persevering through workmanship, verse, and writing. The famous
Samurai class and warriors were also shaped during this time.
Samurai masters, called "shogun," assumed control over the public authority in 1185, and governed Japan
for the sake of the emperor until 1868. Kamakura governed a large part of Japan and in 1274 and 1281 with
the help of two phenomenal hurricanes, the Kamakura repulsed assaults by the Mongol fleets. An especially
impressive sovereign emperor named Go-Daigo, attempted to oust the shogunate in 1331, bringing about a
nationwide conflict between contending northern and southern courts that at long last finished in 1392.
During this time, the high lords called "daimyo" expanded in power; their standard endured through the
finish of the Edo time frame, otherwise called the Tokugawa Shogunate, in 1868.
That year, another protected government was laid out, headed by the Meiji Emperor. The force of the
shoguns reached a conclusion. After the Meiji Emperor's demise, the son was crowned King and turned into
the Taisho Emperor. His constant sicknesses got him far from his obligations and permitted the country's
governing body to present new equitable changes. During World War I, Japan formalized its standard over
Korea and held onto control of northern China. The Showa Emperor, Hirohito, supervised Japan's forceful
development during World War II, its acquiescence, and its resurrection as a cutting edge, industrialized
country.
Political Overview
Japan is led in a system of a predominant party bicameral parliamentary established government, in which
the emperor is the head of state and performs traditional duties and doesn’t technically have any power in
state. Political power is held fundamentally by the Prime Minister and other chosen individuals from the
Diet. The Imperial Throne is prevailed by an individual from the Imperial House as assigned by the Imperial
Household Law. The head of the presidential branch, the Prime Minister, is designated by the emperor as
coordinated by the Diet. They are an individual from one or the other place of the Diet and should be
nonmilitary personnel. The Cabinet individuals are selected by the Prime Minister, and are additionally
expected to be nonmilitary personnel. With the Liberal Democratic Party (LDP) in power, it has been
showing that the President of the party fills in as the Prime Minister. Japan's constitution expresses that the
National Diet, its regulation making foundation, will comprise of two Houses, to be specific the House of
Representatives and the House of Councillors. The Diet will be the most elevated organ of state power, and
will be the sole regulation making organ of the State. It expresses that the two Houses will comprise of
chosen individuals, delegate of the multitude of individuals and that the quantity of the individuals from
each House will be fixed by regulation. The two houses pass regulation in indistinguishable structure for it
to become regulation. Correspondingly to other parliamentary frameworks, most regulation that is viewed as
in the Diet is proposed by the bureau. The bureau then, at that point, depends on the aptitude of the
organization to draft real bills

Economic Overview
The financial history of Japan is generally read up for the awesome social and monetary development during
the 1800s after the Meiji Restoration. It turned into the primary non-Western extraordinary power, and
extended consistently until its loss in the Second World War. At the point when Japan recuperated from
decimation to turn into the world's second biggest economy behind the United States, and from 2010 behind
China too. Researchers have assessed the country's exceptional monetary situation during the Cold War,
with sends out going to both U.S.- and Soviet-adjusted powers.
Throughout the course of recent years, collaboration with government- industry, a solid working attitude,
and dominance of high innovation and a relative low budget on military budgets less than 1% of the
country’s GDP have assisted Japan with fostering a high-level economy. Two eminent qualities of the post-
World War II economy were the nearby interlocking designs of producers, providers, and wholesalers,
known as keiretsu, and the assurance of lifetime work for a significant part of the metropolitan workforce.
Key feature and process of IR/ER systems of the countries
Collective bargaining in Fiji
Collective bargaining was introduced first in the Employment Rights Promulgation in 2006 and this set up
the focal idea of good faith in collective bargaining between trade unions and employers. The act also
provisioned other core requirement in collective bargaining such as:
 Perceive the perspective on the gatherings 'with honest intentions' to collective bargaining
 Promote precise aggregate haggling to go into collective arrangements
 Any matter for variety of aggregate arrangement's
 Consultation with laborers and worker's guild about any issues that influence them
Collective bargaining is where employees along with trade unions discuss pay issues and other conditions of
employment such as safety of workers in the working environments, hours of work leave, scheduling etc.
this helps in raising issues related to employment and closes the gap between wage disparity between high
earners and low-income earners. Majority of the wages are determined by collective agreement in Fiji, but
this isn’t the same for every industry, in case collective bargaining aren’t available party due to there being
no trade unions in that particular industry, the Ministry of Labour Forces determines the wages in relation by
the wage council of Fiji.
Commencement of good faiths are based upon honesty, fair dealings, mutual trust and confidence in
agreements and not to misinform or bamboozle other parties to get a competitive advantage in the
agreement. If there is a breach in the collective agreements, a tribunal court system will determine the
consequences of the party in breach.

Collective bargaining in Japan

In the violent 1950s, Japanese firms set up a deep-rooted work culture that was based upon rank, seniority of
the workforce, which assisted with sustaining a feeling of corporate co-operation among the standard
workers of enormous firms. Agreeable undertaking associations were respected as a vital mainstay of the
Japanese modern relations framework along with the long-term employment and rank-based wage rehearses.
As of late, nonetheless, customary human asset the board (HRM) rehearses and venture unionism have gone
under expanding strain because of the changing work market circumstance and increased rivalry emerging
from globalization and the monetary downturn of the 1990s. A developing number of ventures are
embracing investor models of corporate administration rather than the conventional partner model where the
interests of workers were given need. Hence Japanese firms are progressively modifying their HRM works
on, taking on mathematical adaptability, more prominent utilization of subcontracting employees on short
term employment and women workers, the employing of non-standard laborers, and pay plans connected to
individual execution. These progressions have started to sabotage the groundwork of the conventional
modern relations framework. Collective bargaining regarding worker pays and other related matters would
only happen once a year with the term ‘‘Shunto’’, this is where all the employees would strike towards the
employees in relation to worker pay. This has weakened since the 1990’s though.
Collective bargaining is done at company level only and agreements regarding pay can be discussed
separately then those relating to employment conditions.
Employment Disputes
Employment disputes are part and parcel of management and are beneficial to employees and the
organization is a way as it helps organization improve their dispute management, being proactive for future
grievances and allows employees to have a voice by submitting their grievances related to pay and other
employment conditions. In the recent Employment Relations Promulgation, the techniques for the goal of
dispute resolution have been added under Part II of the ERP Act. All singular business contracts since 2007
should contain a complaint method and expects that all business contracts must likewise incorporate a
methodology for settlement of disputes as well. The party with said grievances can initiate the process of
grievances anytime but not 12 months after the event of grievance. The matter has to presented to the other
party within 3 days of the start of the grievance process with a letter of notice. There are a few ways to
handle dispute and the very first and efficient method is handling the issue in-house, or internal grievance
procedures with management and HRM, this enables the two parties to work together and creates a better
relationship for the future. If the dispute isn’t solved internally, then the parties can go further with
intervention from national level. Next comes the mediation and this cannot be done by just anybody, if the
dispute is between an employee and an employer then the ministry of Labour handles mediation and not
private mediators (Chand, n.d.). Mediation process rules depict that the party with the grievance has to
inform the Ministry of Labour and the other party of the mediation with a letter and inform them regarding
the date and time of the mediation the receiving party also has to inform the parties involved if whether they
will comply and be able to attend the mediation (Chand, n.d.). The mediator in the mediations process
surrounding individual disputes should lead the mediation process but not give a verdict on how the dispute
will be solved. Both parties involved will have to come to a solution by themselves and the services
provided by the Ministry of Labour are free of charge and multiple mediation sessions can occur till dispute
is solved. If the matter isn’t solved then it is transferred to the Employment Relations Council which acts as
an Arbitrator. The tribunal has the same power as that of a magistrate’s court. Parties can be represented by
a lawyer and the arbitrator are selected by the employment relational tribunal and if the dispute still isn’t
resolved than the matter is handed over to the court system (Chand, n.d.). The Employment Relations court
has the same power as that of a High Court. This system is still undeveloped since only a few matters have
been brought about to this stage of the dispute proceedings, still if a decision that was made by the High
Court doesn’t sit right with the parties, they can challenge and appeal the decision to the Supreme Court
(Chand, n.d.). This method of dispute resolution takes a long time and are more expensive.

Employee dispute in Japan

Individual worker disputes emerge in numerous ways, counting from discipline, contract termination, and
agreement infringement. They might emerge from legally binding or legal work right and may include an
individual or aggregate labour right. The cycles of dispute resolution in Japan are housed in government
foundations and change, contingent upon whether the dispute is either individual or collective (EBISUI,
2012). As to settling disagreements about individual work rights, there are a few options accessible. Initial,
an individual can guarantee an infringement with the Labour Administration Offices and look for a violation
by change or assuagement or meditation, Second, an objection can be settled by the court in a customary
common method managed by an adjudicator or on the other hand third, beginning around 2006; an objection
can be documented with the court; and a method for the arrangement of a Labour Tribunal Panel can be
started that uses intercession and non-restricting mediation to determine the dispute (Yoon, 2009). If the
Tribunal doesn't determine the solution to the dispute, then the case is forwarded to the court's standard
common cycle. Grievances in Japan are often settled in informal procedures and in-house mediation and
conciliation with management and human resource teams (Keiichiro, 2021). A huge effort is taken is
resolving disputes quickly so that work efficiency isn’t affected by the organization. In case the dispute isn’t
handled and this is regarding disputes between employers and employees, an individual can guarantee an
infringement with the Labour Administration Offices and look for resolution by assuagement or meditation
process. Unlike in Fiji, the mediation process can be provided by the court system, private institutions and
managerial bodies. Mediation service fees depend on the way the parties have chosen to proceed with
managerial bodies and private institutions being charged for their services (KOSHIRO, n.d.). A judge and
two fellows of a local community lead the court system mediation process and both parties have to be
present, whatever decisions that are made regarding the dispute are added into the court mediation service
system and one must access this by a court order to impose the agreement (Brown, 2013). If the mediation
route isn’t chosen by parties, then the dispute can also be handled by the Labour tribunal system. This
system also employs mediation services along with the use of arbitrators. If the dispute is along the lines of
discrimination, the change of conditions relating to work and terminations. The tribunal establish a judge, a
reprentitative for both partiers who are contracted on a short-term deal of two- years. A letter stating the
time and date of the proceedings, both parties have to be present in this (Brown, 2013). The proceedings are
mainly colloquial and aren’t open for the viewing of the public. Proceedings are restricted to just three
meetings and a decision is made on the third, if both said parties agree to the decision, the decision is then
binded and if so both parties or one shall refuse the decision, then the matter can be taken back to civil
litigation is they so choose to (Brown, 2013). There isn’t a high court or supreme court system in Japan that
deals with labour related disputes. Again, since Japan is a highly economical country, most disputes are
resolved at company level and not taken forward higher.

Employee participation in Fiji

Management in Fiji as a whole has taken a pluralist approach like the United Kingdom since it was under
the control of the British empire for quite some time and the Pluralist approach is deemed fair and justful by
most. Pluralist approach is where both employers and employees accept the fact that they need to behave
accordingly to the movement of the economic system of structure. Power between both employees and
employers are diffused and no party tries to dominate the other and respects the other since both cannot
change the system and it is accordingly level headed for employees to co‐operate with their businesses - in
the feeling of pursuing the satisfaction of market requests - assuming this co‐operation is compensated so
that their material requirements are met primarily through pay and promotions (Cradden, 2011). Since
employers don’t want to have strikes and lockouts regarding issues with employees, it is sane for them to
acknowledge the force of laborers for however long it is feasible to keep a sufficient profit from the interest
in labour and enable open- door system that enables feedback from employees. Workers cautiously measure
and limit their contribution to guarantee that the business doesn't acquire anything for which they are not
paid for while businesses will cautiously screen the behaviour of workers to guarantee that their
commitment is unequivocally as what they agreed upon. Anything less from either parties and that becomes
an issue (Cradden, 2011).
This approach and management style doesn’t apply to all types of work and doesn’t suit the tourism and
hospitality industry of Fiji. In business with relation to service, employees are encouraged to go beyond of
what they are initially paid for and this is partly instilled in people through their Fijian culture of going
beyond. In hotels throughout Fiji, a recent study found that employees who were a senior in their
departments and place of work, went above expectations when it came to customer service, compliant
management and had more say in decision making which was encouraged by management (Gibson, 2019).
Employees had developed a sense of community and took pride in their work delivering the best possible
service. Employee empowerment and involvement has an assortment of aspects, which incorporate "control
of one's own work, independence at work, varieties of cooperation, what's more, pay frameworks that
connection pay with execution (Al sada, 2012).

Employee participation in Japan

Employee participation in Japan is seen as a widely used approach since the late 1990’s after the
decentralization of the labour market and the influx of foreign investments into the country which created a
rift between employers and employees, a popular business norm of life-time employment within a certain
company and job hours and job security were a major concern for employers as competition increased. Thus,
a new system of management where strong leadership and good communications were priotized. In many
Japanese organization a procedure known as ringi occurs, an agreement is established at all stages of
hierarchy of the organization and despite the fact that the process is tedious, the interaction invigorates a
trade of data and cultivates attachment, eventually bringing about choices being executed with speed and
expansive help inside the organization (Werneke, 2014). In big companies where frequent changes in
relation to production lines are dealt with, employees have taken acceptance of the changes more willingly
as their voices are heard (Broad, 1991). Students after graduation are taken straight in and are well trained
to perform and produce for the company. They are trained in a manner with possible changes in the market
that they can work in any department if the circumstances arise, thus also enabling the involvement and
promoting life-long employment where in the long run, management expects long working hours, loyalty to
the company from employees which depicts a unitary approach to management.
Trade Unions
Trade Unions in Fiji
Trade unions are a group of more than 6 people in a company or industry that form together to voice the
concerns and issues related to the workers and regulate the relationship between the employers and
employees through collective bargaining. Trade unions in Fiji are well developed in comparison to other
pacific countries and before the formation of the Industrial Associations Act in 1942, employees were
vulnerable as individual workers and had no voice to challenge the power and control of management; the
Employment Relations Promulgation of 2007 promotes the formulation, necessary enlisting and control of
industrial organizations (Lawe, 2008). There are many different types of unions and the Industry Union;
where workers are organized based on their respective industries regardless of the profession were the first
union type in Fiji.
The two main trade unions in Fiji are the Fiji Trade Union Congress which was formed in 1951 and is a
general union where the enrolment process is open to all individuals regardless of profession and industry
and is recognized by the government of Fiji. It was of date has around 30 affiliate trade unions which
include the Fiji Teachers Union, Fiji Nursing Union, and the Fiji Public Service Union to name a few (Topic
8; MGT 601 2022). The second biggest trade union is the Fiji Islands Council of Trade Unions which was
formed in 2002 that is a splinter union from the Fiji Trade Union Congress. Trade union density in Fiji at the
moment is that of 30%.
The Fiji Trade Union Council states that their role is to look to join popularity-based Trade Unions, to
empower them to Consult and co-work with one another for the benefit of everyone to accomplish their
concurred points and goals by acting as one and as per the greater part fair choices which are the (Council,
2016)
 Disposal of constrained and mandatory work
 Annulment of youngster work
 Disposal of segregation in regard of work and occupation; and
 Opportunity of affiliation and aggregate dealing (Council, 2016).
Union memberships have decreased since the decentralization of the labour market by the government to
have control over pay and enable a minimum wage bill in industries that benefit the ones who owns the
means of production since it gives back with taxes and other provisions to the running of the government
(Chand, 2016)‘‘Union density has been attributed to the fact that there are a large number of non-unionized
unions and unions that are well established fear being poached or torn up by other existing unions, they
don’t have the will to fight for their members’’ (Chand, 2008).

Trade Unions in Japan

Like Fiji, the trade unions in Japan are also well developed and collective bargaining occurs only at an
enterprise level, unions and associations have the restraining infrastructure on practicing the three essential
rights of work: the right to sort out and organize, the option to deal and bargain, and the option to act on
collectively as a whole. Industrial unions and national level unions are also present but they don’t have the
same rights as the enterprise unions and depend on them as they are the main form of unionism in the
country. The principal qualities of company based unions include a) workers are restricted to normal
employees of a specific venture; b) as a rule, both high and low working class employees are involved in
enterprise unions; c) association officials are chosen from among the ordinary workers of the undertaking,
and d) during their residency in office, they as a rule hold their worker status yet are paid by the association
and this is again due to the fact that Japanese companies had life-time employment, wages based on
seniority and company level union system (Adhikari, 2005).
The very first labour union was formed right after the second world war and was named the Freedom of
Association. The labour union density and membership were at a record peak in 1949 and has been on a
downfall ever since. In a recent study conducted, it was found that Japanese trade unions focused around
89% of labour management issues and concerns were regarding worker pay or ‘‘Shunto’’; there has also
been a drastic decline in union membership due to the fact, as reported by the majority of the labour unions
that there were simply no labour disputes to deal with the reasoning behind this was that majority of the
disputes were sorted through conversations between the parties (OH, 2021). Management has played an
important role in union density as they have developed employee participation and have open-door system
for which workers can raise their concerns about, therefore eliminating the potential problems from
becoming bigger and having more focus on productivity. Another reason for the decline in memberships is
the fact that there has been a steady increase in non-stand workers in Japan, or part-time workers with the
majority being women, unions are also viewed as unbearable and of no use since individual bargaining has
become the norm now (Kato, 2001).

Role of State
Fijian government’s role in IR/ER relations in Fiji
Firstly, a government is chosen by the people of the state and is an administration that reigns, governs that
state which creates and enforces systematic regulations and policies. There are three kinds of power that a
government which are legislative, executive and judicial power. Legislative power is used to create and
introduce the new policies and regulations for the people. Executive power is used to enforce and execute
these laws and policies while judicial power is used to interpret the problems and issues related to the
society. The Fijian government has had a big hand in the development of IR/ER in Fiji through these
powers; since 1996 the drafting of the current Employment Relations Promulgation has been taking place,
through three governments until its final execution in 2008 (Lawe, 2008). With the implementation of the
ERP, the government has directed a structure for IR/ER practices and the labour market. The establishment
of collective bargaining and the rights of trade unions, employers and employee together with dispute
resolution methods through stages of mediation, arbitration, the high court system to the appeal supreme
court has been inaugurated. With the way that the Fijian economy is, the government highly promotes
foreign investments and development into the country from developed countries such as China, Australia
and the United States for the creation of new jobs, and are dependent on these private sectors for finance in
the running of the government through taxation and revenues. (Chand, 2016)

Japanese Governments role in IR/ER relations in Japan

The public authority's model comprises of a functioning focal government with a steady organization, and
the focusing of need enterprises to upgrade monetary development, and forceful advancement of products
(Adhikari, 2005). There has been a development of a close partnership between the government and private
institutions in recent times and there still needs to be permission granted by the government for the
establishment or creation of a venture in some parts of the country. The public authority has stayed most
cautious in safeguarding working individuals by forming and implementing strategies to adapt to evolving
financial circumstances and it kept foundations active to guarantee business open doors, forestall joblessness
and work with re-business so laborers can utilize their greatest capacities (Yoon, 2009). The establishment
of the Worker Dispatching Law was engraved in 1999 after the collapse of the bubble economy and this is
the ERP version for Japan. The Japanese government though regulation doesn't acknowledge the semi
vertical combination of suppliers with distributors and doesn’t acknowledge foreign investments into the
country while Fiji does (Adhikari, 2005).
Employers’ associations in Fiji
What is meant by Employer's associations? They are typically a delegate deliberate association driven by
chose pioneers and are overseen by proficient directors with a long-lasting staff-which have practical
experience in collective bargaining and in the combination, definition, handling and advancement in the
political field of aggregate interests and objectives of the business class (Martins, 2020). In Fiji there is only
a single employers association which is the Fiji Employers Federation. A strike between oil companies and
its trade unions in 1959 was the reasoning behind the formation of the employer’s association in 1960 a year
later with 21 members; now there are over 236 enrolled partners (Topic 8; Lecture notes; Fiji). Per the Fiji
Employers website, it is a non-profit organization which is based in Suva and relies heavily on membership
subscriptions with a keen eye on training and development of members (Fiji Employers Association , 2022).
As per the website the role of the Employers Association is to furnish the businesses of Fiji with the
information, understanding and capacity to keep up with the most ideal work relations while trying to
develop their organizations and the economy by empowering the public authority to give the right
surroundings to the private area to flourish (Fiji Employers Association , 2022). It basically looks after the
interest of the employers and provides aid in IR/ER practices relating to its members in terms of collective
bargaining, mediation etc. its offers advices and expertise but doesn’t perform anything else. The Employers
Association in Fiji isn’t that popular and aren’t that developed in comparison to international associations
with little control over employees and trade unions participation.

Employers Associations in Japan

There is only one Employers Federation at national level named the Japan Business Federation (JBF) which
was formed in 2002 through the union of two other employers’ federation; namely the Japan Federation of
Economic Organizations (Keidanren) which was the first association in 1946 trailed by the Japan Federation
of Employer’s Associations (Nikkeiren) in 1948 ; It has over 1000 members and is principally worried about
monetary, modern, social, work also, different issues connected with corporate movement. It works for
private area driven by change connecting through industry, finance, exchange, work, government backed
retirement and different issues at present looked by business in Japan (Adhikari, 2005). The main aim of the
association is to it achieve a productive union between employers and other respected parties through
privatisation and expects to lay out ideal agreement, when important, and pursue the goal of assortment of
issues concerning the Japanese business local area, including monetary, modern, social and work (Adhikari,
2005). The association also demands the state authority and administering governmental bodies to advance
administrative change to help modern seriousness and urge organizations to show inventive creativity for the
development of Japan as a whole. Since collective bargaining occurs at a company level at Japan, the
employer’s association publishes an annual repost which has all the necessary details for employers to
utilize during individual bargaining procedures but doesn’t mention anything regarding employee pay, and
leaves that to individual companies to decide on their own (Yoon, 2009). The Employers association in
Japan is well developed and has a large control over employees due its labour framework regarding life-time
employment, training and development and wages based upon seniority.
Labour legislation or laws of Fiji
The Employment Relations Act of 2007 governs most aspects of Fijian labour law (last amended as of
2020). Working hours, holidays, rest intervals, salaries, overtime, leave, and termination of employment,
among other things, are all governed by the Act. On July 28, 1998, the 1997 Constitution, which was revised
in 1998 to include, among other things, the functions of an Ombud, went into effect. It contains the ILO's
1998 Declaration's core principles and rights, primarily in Chapter 4's "Bill of Rights." Slavery and forced
labour are prohibited under Section 24. The rights to freedom of expression, assembly, association, and
religion are all protected by sections 30, 31, 32, and 35, respectively. Section 33, which says, "Workers have
the right to create and join trade unions, and employers have the right to form and join employers'
organizations," deserves special emphasis. Both employees and employers have the right to form unions and
engage in collective bargaining. Everyone has the right to decent working conditions, including humane
treatment. A law may limit, or authorize the limitation of, the rights set forth in this section: in the interests
of national security, public safety, public order, public morality, or public health; to protect the rights and
freedoms of others; or to impose reasonable restrictions on members of a disciplined force, but only to the
extent that the limitation is reasonable and justifiable in a free and democratic society." It's worth noticing
the qualification that any restriction on freedom of association must be "reasonable and justifiable in a free
and democratic society." (jane hodges, 2006)
Japan
Factory production as a system did not emerge until after the Meiji Restoration (1867), and it was only
during the years 1885 to 1895 that it became dominant in the manufacturing industries. The "Workers'
Conditions," a compilation of papers published by the Ministry of Agricultural and Commercial Affairs at
the time, sheds some light on how workers were treated at the time. The following are some of the labour
issues depicted in the "4 Workers' Conditions." Excessive Exploitation of labour, work hours ranged from
15 to 16, with some days surpassing 20 hours, and night shifts were common. A persistent salary checkoff
system was in place to enhance job efficiency, and individuals who did not meet the norm of efficiency were
typically subjected to harsh treatment. Overwork caused all the more terrible conditions, especially because
the majority of the workers were women and children. Frequent Accidents in Factories, because of
insufficiency of equipment, factory accidents are common, and because of the declining level of care offered
by overworked labourers, occupational diseases spread as well, employers used to pay only a pittance as
compensation in the instance of those accidents, which were more or less an unavoidable by product of
factory operations. Rampancy of Disreputable Employment Brokers and Forced Lab, factory employees
were supplied by tenant farmers in agricultural villages that had become impoverished as a result of the
semi-feudal tenant system. Employment brokers operated as go between for this sources factory labour
supply. They frequently attracted farm youngsters with deceptive marketing and abducted them to work in
factories. In a kidnapping-like fashion. The employment broker and the head of the agricultural family in
question signed a labour contract with the latter receiving advance wages from the formers. Subsistence
Wage of Slave Standard, the pay or consuming type forced labour was exceedingly low. (Azuma, 1951)
Recent Trends in IR/ER
Fiji
The Employment Relations Services main task is to investigate workplace conflicts and send them to the
Mediation Services and the Employment Relations Tribunal. The agency is also in charge of monitoring and
managing strikes and lockouts, as well as maintaining Fiji’s database of agreement and having it written
down as a binding ward or judgement. The Tribunal is also required to give mediation support to the
conflicting parties when the need arises in adjudication processes. Industrial disputes in Fiji have had a
variety of effects on the countries labour relations system. Industrial confrontations have revealed the
governments regulatory strengths and limitations and have had an impact on labour markets and labour
administration institution. Industrial disputes have also had an impact on the role of trade unions,
management and the government, whether in a combative or cooperative manner. The patterns have been
shaped by a variety of economic, social, legal and political variables. As a result, the study of the patterns
and trends of industrial conflicts in Fiji will be beneficial in understanding the countries entire industrial
relations system. It is worth noting that some of the most significant and far-reaching reforms to Fijis
industrial relations system occurred during 1987 and 1992, when the country was undergoing severe
political and economic turmoil (Prasad and Hince,2003). The country was characterized by low level of
investment, a mounting government deficit, continuing exodus of skilled citizens and professionals, and an
unpredictable political environment through this time. Fijis labour relations have changed dramatically
because of their events. Fiji’s political system is inextricably linked to its economic development. In 1987,
Fiji saw two military coups, necessitating the implementation of microeconomic measures to resurrect the
economy. Few private sector businesses provided salary increases to their employees in 1987; instead, wage
cutbacks, redundancies, and layoffs were the norm, leading to a century of trade conflicts. There was also a
sharp increase in the unemployment rate, a significant loss in investor confidence, and a rapidly collapsing
national economy, with GDP growth. However, after the government abolished pay limits, overall salary
increased demonstrating the resumption of free collective bargaining (Prasad, 1995)

Japan
Changes in employment relations procedures have also happened during the last three decades. Despite the
fact that the Japanese employment relations system was widely recognized as the most important factor in
the country’s economic success, particularly during the 1970s, many academics and practitioners highlighted
concerns. Indeed, shifts in national elements had shocked current employment relations practices as well. As
a result of changes in Japanese national elements such as national institutions, labour markets, national
culture, and business and economy, a number of modifications in employment relations management
techniques have happened. Changes in these national elements in the past shook the three prevailing
fundamental aspects of Japanese employment relations: life-time employment, seniority-based system, and
enterprise-based unions, according to available Anglo-Saxon literature. The labour market is also a type of
national institution that has an impact on labour relations. The following are the primary characteristics of
the Japanese labour market: diminishing population growth, an aging workforce, rising unemployment,
disparities in male and female labour force participation, and an increasing number of NEET (not in
employment, education, or training) persons. The government is deregulating current labour management
practices. This has put workers’ rights in jeopardy. With a shrinking population and a lower-quality labour
force, several businesses are concerned about future labour supply. Companies are looking to reduce
operational costs as the market becomes more competitive. They steadily boost non-regular personnel. In
fact, the number of people hired from school and university graduates is decreasing. The seniority-based
system is gradually being replaced with a performance-based approach in large and medium-sized
businesses. The annual increment system is gradually being phased out in favour of a performance-based
approach. By implementing effective macroeconomic policies, the government has been able to maintain a
reasonably robust economic performance among advanced nations. Similarly, a number of employment
policies and labour related legislation have changed, having a significant impact on the existing employment
relations system.  These modifications are also aimed at attracting international investment to Japan,
competition in both domestic and international markets in projected to increase. Despite these challengers,
Japanese corporations gradually executed successful improvements. They always strived to develop a post
agreement and legitimacy around employment practices and industrial relations while adopting changes,
which has provided Japanese enterprises with a remarkably stable and supportive domestic and international
business climate.