Labor & Employment

Responding to a request for collective bargaining

A request for collective bargaining arrives from a union outside the company, although there is no union within the company. A union asks to negotiate about a former employee, or about a person engaged under a contract for services. Discussions with an individual employee have been continuing, and a request arrives together with a notice that the employee has joined a labor union. Collective bargaining often begins in one of these ways.

The written request usually states a short deadline for a reply. If a company gives no reply because the stated deadline is close, the course of events may later be treated as a circumstance when it is assessed whether an unfair labor practice has occurred. What is needed first is not a decision on whether to accept the demands, but an accurate understanding of what is being requested, opening a channel for the negotiations, and preparing internally.

This page sets out the order in which to work through whether there is a duty to bargain, which matters that duty covers, and how far documents are to be disclosed.

Last updated: September 18, 2026

What to check first

The following are matters we ask you to share, so far as they are known to you, when you contact us. You can consult us before deciding whether to enter into collective bargaining.

The written request, the date of receipt and the date by which a reply is sought — we check the written request for collective bargaining, any attached statement of demands, the method by which it was sent (post, hand delivery, email or otherwise) and the date on which the company received it.

The name of the union and its contact point — we check the name and address of the union, the person in charge and how it can be contacted. Where there is a federation to which the union belongs, we also check that relationship.

The person the bargaining concerns, and that person's relationship with the company — we check whether the person concerned is a current employee, a former employee, or a person under a contract for services or another contractual relationship. Where the person has left the company, we also check when they left and what exchanges took place before and after their departure.

The agenda, the demands and the documents requested — we set out the agenda proposed, the specific demands, the documents the union asks the company to produce, and the date, time and place it proposes.

Contracts, internal rules and records relating to the agenda — the employment contract or contract for services, the work rules, the wage rules, attendance records, and materials on work instructions and performance evaluations. Documents relating to the agenda are preserved.

Statements, replies and personnel measures by the company before and after the request — we check what explanations or replies were given to the person concerned and to other employees before and after the request, and whether a change of assignment, a decision on renewal of a contract, a disciplinary measure or another personnel measure has been taken or is under consideration.

The person who will reply, and the authority of those attending — we check who will act as the contact point for replies, who will attend the bargaining session, what facts each of them is able to explain, and what decisions each of them is able to take.

Whether any documents have arrived from a Labour Relations Commission or a court — where documents relating to an application for relief from an unfair labor practice, a notice of conciliation or mediation, or documents relating to litigation have arrived, we check the time limits in those proceedings.

Taking the content of the request and the relationship between the person concerned and the company into account, we consider how to reply and what internal preparation is needed for the negotiations.

How we can helpChecking the content of the written request and the date by which a reply is sought / checking the union and the range of its members concerned / considering the range of matters to be bargained over / arrangements for the negotiations and preparation of documents and records / conducting the negotiations and handling documents / responding to proceedings where an unfair labor practice is alleged

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Contents

1. Checking the content of the request and the scope of the duty to bargain
2. Preparing before the bargaining session
3. Conducting the negotiations and putting agreement into form
4. Handling issues that arise alongside collective bargaining
Key legislation and official sources
Frequently asked questions

1. Checking the content of the request and the scope of the duty to bargain

The first step on receiving a request for collective bargaining is to establish whom it concerns, which matters it covers and what is being demanded. If a company replies without working this through, it may find itself having promised to bargain over matters that are not subject to the duty to bargain, or, conversely, having stated that it will not bargain over matters that are.

A request from a union outside the company is not in itself a reason to refuse

An employer must not refuse, without justifiable reason, to bargain collectively with the representatives of the workers it employs. Those representatives include not only a union organized within the company but also a union outside it. Where the request comes from a union that individual employees can join on their own, or where only one employee has joined, that fact alone is not a reason to refuse to bargain.

Where the person concerned has already left the company, or is engaged under a contract for services, the question arises whether the company can be said to employ that person as a worker. Even where a request concerns a former employee, matters relating to the working conditions during their employment that the company is still able to deal with are understood to fall within the duty to bargain, depending on the relationship between the person and the company, the subject matter of the agenda, the time that has passed since the person left and the other circumstances. For a party to a contract for services, the conclusion turns on whether that party is a worker within the meaning of the labor union legislation and whether the company is that party's employer. In both cases, the question is decided by the actual relationship between the parties rather than by the name given to the contract.

Separating matters that must be bargained over from other matters

Among the items on a proposed agenda, matters concerning the working conditions and treatment of union members, and matters concerning the conduct of collective labor relations, which the employer is able to deal with, are generally treated as matters that the employer is under a duty to bargain over. By contrast, the treatment of management decisions as such, and of matters concerning persons who are not union members, differs from agenda item to agenda item.

In practice, different types of agenda item are often mixed together in a single written request. For each item demanded, the company checks whether it is a matter concerning the working conditions of union members and whether it is a matter the company is able to deal with, and separates the items it will bargain over from those that are unlikely to be subject to the duty to bargain. Nothing prevents items in the second group from being raised at the bargaining session, so the approach to them is considered separately from the legal duty.

The date on which a reply is sought is not a legal deadline

The deadline for a reply stated in the written request is the date the union would like, not a deadline set by law. That said, leaving a request without any reply carries the risk of being assessed as a refusal to bargain. Even where arranging dates takes time, one option is to state in writing that the request has been received, that the matter is under consideration internally, and by when a substantive reply will be given.

The first step is to set out what documents have arrived, who the parties to any proceedings are, what response is sought, what the time limits are and which materials are relevant.

2. Preparing before the bargaining session

The date, place and format can be adjusted, but adjustment should not be used to postpone the negotiations

The date and time of collective bargaining, the place, the number of people attending, the length of the session and the format can be adjusted between the parties. A company does not have to accept the date and time the union has specified. It can give a reasonable explanation based on the effect on its operations, the working schedules of the employees taking part or the availability of a venue, and propose alternative dates.

On the other hand, using the arrangement of dates as a pretext for not bargaining in substance carries the risk of being assessed as a refusal without justifiable reason. Repeatedly postponing without offering alternative dates, or continuing to say that the matter is under consideration without fixing a date for a reply, may be treated as a circumstance when it is later assessed whether an unfair labor practice has occurred. Where dates are being arranged, the company sets out specific alternative dates and keeps a record of the exchanges.

Decide in advance the roles of those attending and what can be decided at the session

It is for the company to decide who attends the bargaining session. At the same time, the company works out in advance, for each person attending, which facts that person can explain and in what detail, which matters that person may decide at the session, and from what point matters are to be taken away for consideration.

Going into bargaining without doing this creates a risk that a person without authority gives an inaccurate explanation, or that the negotiations do not progress because it is unclear where authority lies, which may be taken as a failure to bargain in good faith. As part of preparing the arrangements for the negotiations, it is advisable to settle the roles of those attending and the scope of their authority.

Where agreement is reached, a collective agreement takes effect only if it is made in writing and signed, or named and sealed, by both parties. Where there is a possibility that a document will be signed or sealed at the session itself, the company needs to check in advance who is able to sign or seal it.

Work out which documents to provide and the reasons for withholding others

A union may ask the company to produce documents. A company does not have to produce every document requested, but withholding documents may itself be assessed as a failure to bargain in good faith. That assessment depends on the relationship of the documents to the agenda, how far they are needed in the negotiations, whether there is a reason they cannot be disclosed, and whether the company is giving an explanation in place of the documents.

Where documents are not disclosed, one option is to state the reason and to offer an explanation in their place. For example, where a document contains the names of individual employees, the company may present aggregated figures with the names removed; where part of a document constitutes trade secrets, it may exclude that part and explain only the parts relevant to the conclusion.

Where the documents to be provided contain personal data of other employees, the company needs to bear in mind that providing them to the union may constitute provision to a third party, and that the prior consent of the person concerned is required unless the provision is based on laws and regulations or falls within another statutory exception.

3. Conducting the negotiations and putting agreement into form

Give the reasons on which a reply is based

The duty to bargain collectively does not mean a duty to accept the union's demands, and maintaining the company's position is not in itself a refusal to bargain. What is required of the company is to give a reply to the demands, to explain the basis on which that reply was reached, and to bargain in good faith towards agreement.

Even where the reply is that the company cannot accept the union's demands, explaining which facts and what grounds led to that conclusion is part of what the duty to bargain in good faith requires.

Handling matters that cannot be answered at the session

Where a matter arises at the session that cannot be answered on the spot, the company works out there and then who internally will look into it and by when a reply will be given, and tells the union. Keeping a record of how matters taken away for consideration were then checked and answered makes the starting point for the following session clear.

The company also makes its own record of what was discussed, what documents were presented, which matters were taken away for consideration and what is to be done before the next session. On that basis it separates the matters on which agreement has been reached from those on which it has not. Where the union presents minutes it has prepared, the company checks whether any part differs from its own understanding and, if so, says so.

When agreed terms are put in writing, check the required form

An agreement between a labor union and an employer on working conditions or other matters takes effect as a collective agreement only if it is made in writing and signed, or named and sealed, by both parties. When the agreed terms are put in writing, the company checks that this form is satisfied.

The company also makes clear whether the document is a collective agreement setting the working conditions of union members, or an agreement limited to the resolution of the particular dispute.

4. Handling issues that arise alongside collective bargaining

Personnel measures and statements by the company can give rise to separate problems

Dismissing a worker or treating a worker disadvantageously in another way because the worker is a member of a labor union or has taken legitimate union action is prohibited. Dominating or interfering with the formation or administration of a labor union by workers is also prohibited.

In this connection, a company should consider carefully before taking measures in relation to the person concerned — such as a change of assignment, a decision on renewal of a contract or a disciplinary measure — while negotiations are continuing. Even where the reason for the measure has nothing to do with union membership or union activity, the closeness in time creates a risk that it will be perceived that way. Where such a measure is under consideration, the company checks that it can explain, on the basis of documents, why the measure is necessary, on what grounds it rests, when consideration of it began and how comparable cases have been handled.

The same applies to statements by the company. Indicating the company's wishes about joining or leaving a union, or seeking to negotiate with individuals outside the union, may raise an issue of domination and interference. Points to be careful about also need to be shared in advance with managers who speak to staff on site.

Giving financial assistance towards the expenses of running a labor union is, as a general rule, prohibited. As exceptions, the following are treated as falling outside that prohibition: an employer permitting workers to confer or negotiate with the employer during working hours without loss of time or wages, contributions to certain welfare funds, and the provision of an office of a minimum size. Where a union asks for facilities of this kind, the company checks this scope.

Where the majority of workers employed at a particular plant or workplace are members of a single labor union, concluding a collective agreement making membership of that union a condition of employment is, within the limits laid down by law, not precluded.

Responses to street demonstrations and online posts are considered separately from the response to collective bargaining

While collective bargaining is continuing, street demonstrations may be held near the company's premises, or posts may be made online. Whether such conduct remains within the scope of legitimate union activity is judged by reference to the place, the manner, the time of day and the content of what is said. Where the conduct is thought to go beyond the scope of legitimate union activity, the company may consider such responses as requesting that it stop, requesting the removal of posts, claiming damages, or applying for a provisional disposition. A provisional disposition is a Japanese court procedure for interim relief pending a decision on the merits.

Even so, it is safer to treat the existence of such conduct as not, in itself, a basis for refusing collective bargaining, and to consider the response to the demonstrations or posts separately from the response to the bargaining. Linking the two — for example by saying that the company will not bargain until a post is removed — risks being assessed as an unjustified refusal of collective bargaining.

If an application for relief from an unfair labor practice is filed

Where the union applies to a Labour Relations Commission for relief, the company needs to deal with those proceedings alongside the negotiations. A Labour Relations Commission is a Japanese administrative body, established in each prefecture and at national level, which examines applications for relief from unfair labor practices by employers and other labor relations matters. There is a time limit for applications: an application may not be accepted where it relates to a case in which one year has passed since the day of the conduct complained of, or, in the case of continuing conduct, since the day it ended.

An employer on whom a relief order or similar disposition of a Prefectural Labour Relations Commission is served may apply to the Central Labour Relations Commission for review within 15 days. Making that application does not suspend the effect of the order. The employer may also bring an action to set the order aside within 30 days from the day on which the order was served, and that period is an unextendable period. Where the employer has applied for review, an action to set aside may be brought only against the relief order or similar disposition made by the Central Labour Relations Commission on that application for review.

An action to set aside a relief order is a procedure for disputing whether the order is lawful. It differs, both in what is in issue and in the relief sought, from civil litigation in which rights and obligations themselves — such as status under an employment contract, wages or damages — are in dispute.

Key legislation and official sources

English translations of legislation are provided for reference. The Japanese texts are authoritative.

Where it appears	Legislation	Source type
A request from a union outside the company is not in itself a reason to refuse	Labor Union Act（労働組合法）	Japanese legislation / English translation
Separating matters that must be bargained over from other matters	Labor Union Act（労働組合法）	Japanese legislation / English translation
When agreed terms are put in writing, check the required form	Labor Union Act（労働組合法）	Japanese legislation / English translation
Personnel measures and statements by the company can give rise to separate problems	Labor Union Act（労働組合法）	Japanese legislation / English translation
If an application for relief from an unfair labor practice is filed	Labor Union Act（労働組合法）	Japanese legislation / English translation
Providing documents containing personal data of other employees	Act on the Protection of Personal Information（個人情報の保護に関する法律）	Japanese legislation / English translation
Applying for a provisional disposition	Civil Provisional Remedies Act（民事保全法）	Japanese legislation / English translation

Legal information reviewed: 2026-09-18

Frequently asked questions

Do we have to enter into collective bargaining with a union outside the company if only one of our employees has joined it?

The number of employees who have joined does not determine whether there is a duty to bargain collectively. An employer must not refuse, without justifiable reason, to bargain collectively with the representatives of the workers it employs, and neither the fact that the union is outside the company nor the fact that a single employee has joined is in itself a reason to refuse.

Do we also have to bargain about a person who has already left the company, or about a contractor?

This depends on the relationship between the person concerned and the company. Even for a former employee, matters relating to the working conditions during their employment that the company is still able to deal with are understood to fall within the duty to bargain, depending on the time that has passed since they left and the other circumstances. For a party to a contract for services, the answer turns on whether that party is a worker within the meaning of the labor union legislation and whether the company is that party's employer. Because the question is decided by the actual relationship rather than by the name given to the contract, we recommend checking the facts first rather than stating at an early stage that the company will not bargain.

Is a written reply enough, or do we have to hold a bargaining session?

A written reply is not necessarily sufficient. Collective bargaining is understood as the setting in which the employer gives a reply to the demands and the basis for it and negotiates towards agreement, so sending a document is not always accepted as a substitute for bargaining. The date, place and format can themselves be adjusted, but using the arrangement of dates as a reason for not bargaining in substance carries the risk of being assessed as a refusal without justifiable reason.

Do we have to produce every document the union asks for?

Not every document has to be produced. Whether withholding a document is contrary to bargaining in good faith is judged by reference to its relationship to the agenda, how far it is needed and whether an explanation is being given in its place. Where a document is not disclosed, one option is to state the reason and to offer an alternative form of explanation.

Does a duty to bargain collectively mean that we have to accept the union's demands?

No. The duty to bargain collectively does not mean a duty to reach agreement or to accept the demands. What is required is to give a reply to the demands, to explain the basis for it, and to bargain in good faith towards agreement.

Street demonstrations are being held in front of our offices. Can we refuse collective bargaining on that ground?

Refusing collective bargaining solely because street demonstrations or online posts are taking place risks being assessed as a refusal to bargain. Where such conduct is thought to go beyond the scope of legitimate union activity, responses such as requesting that it stop, requesting the removal of posts, claiming damages or applying for a provisional disposition are considered separately from the response to the collective bargaining.

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Making an inquiry

Please tell us the outline of the situation, any notice you have received and its date, and any deadline you are working to.