On the Contract of Employment of the Shipping Crew in"Edo"Era

Abstract

With respect to Japan's shipping business in modern times, studies have been made in such ways that there are only few problems yet to be inves-tigated further regarding vessels, routes, ports and shipping systems and management. But, with respect to the main constituent of management, shipping operators, and practical workers, the crew, still further studies should be made. Above other things, without the thorough investigation of the human-relationship between operators and crew-men, practical under-takers of the business, the perfection of the study of shipping business can not be expected.The present writer tried to make some study on the contract of employ-ment of the crew with an intention of supplying a deficiency of the study mentioned above.The contract of employment of the crew in those times was the contract of service for supplying continual labor. The contract is divided into three kinds, whose subjects are respectively apprentice-sailors, sailors and captains.The conclusion of the contract of service was in reality the agreement of employees to the one-sided conditions offered by employers ; it was also attained through three due formalities, i. e., an interview, the delivery and receipt of advanced money, and drawing and delivery of the deed of contract.The contract consisted mainly of the kinds and the volume of labor and the amount of pay. These conditions of employment were again restricted largely by arrangements made among shipping operators and the routine of the shipping business world in those times. In the contract of service, employees were obliged to swear to perform their duties faithfully, and their responsibilities for the loss of property due to their negligence of service were described in details. The payment as the reward for their service was calculated according to the following four systems : the base-pay, the interest distribution, the Kiridashi, and the Homachi.As in other contracts of service, employees were at the mercy of their employers. They could be fired one-sidedly when they were judged to be guilty or ineligible from the point of view of employers alone, or even for personal reasons on the part of employers. And besides, in case employees violated the laws established by the feudal government, or arrangements made among employers, they were inflicted punishment and were incapable of being employed by other shipping operators.