日本的不当劳动行为是指雇主对劳动者和工会的团结权的侵害行为。不当劳动行为的责任主体是雇主,目前有根据劳动关系的实际状况对雇主性质进行判断的倾向。不当劳动行为主要包括不利益对待和拒绝集体谈判两个方面,前者是指雇主以劳动者加入和组建工会,或者进行工会的正当活动为理由对这些劳动者进行解雇和其他不利益对待;后者是指雇主没有正当理由,对工会的集体谈判加以拒绝或进行不诚实的集体谈判。劳动者或者工会因雇主的不当劳动行为受到权益侵害时,可以通过行政机关的劳动委员会实行行政救济,或直接提起民事诉讼请求裁判所进行司法救济。 Japan’s improper labor practices refer to employers’ violations of the right to solidarity with workers and unions. The main responsibility for improper labor behavior is the employer, there is a tendency to judge the nature of the employer according to the actual conditions of the labor relationship. Misconduct mainly includes the two aspects of non-interest treatment and refusal to bargain collectively, the former refers to employers to workers to join and form a trade union, or trade unions to justify the dismissal of workers and other non-benefit treatment; the latter Refers to the employer’s denial of collective bargaining or dishonest collective bargaining without proper justification. When an employee or a trade union is infringed upon by his employer for improper labor practices, he or she may apply for administrative remedies through the labor committee of an administrative organ or directly bring a civil lawsuit for judicial adjudication.