Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Equal Remuneration Convention, 1951 (No. 100) - Japan (Ratification: 1967)

1. In its 1992 observation, the Committee had noted from a 1988 survey that while there had been a narrowing in wage differences in the starting salaries of male and female graduates of high schools and universities, women's average monthly cash earnings were about 60.5 per cent of those of men. From the information supplied in the reports of the Government, the Committee had observed that two primary reasons appeared to account for the persistence of an important wage differential in average earnings and for the widening of the wage differential in relation to the age of women workers: the first being the seniority wage system, under which the employee's pay rises with the length of service in the same enterprise; and secondly, the fact that women are concentrated in lower paid jobs and are not accorded equal employment opportunities, as shown by a survey in which only 23 per cent of enterprises stated that they assign females to all jobs while the others stated that they assign them to jobs "where they can display their characteristics and sensitivity as females", or where "they can make the best use of their special skills" or to "subsidiary jobs" only.

2. The Committee requested the Government to indicate any progress made towards a wage system based on job content and the measures taken or envisaged to ensure that jobs performed mainly by women are not given a lower value, on account of subjective judgements based on traditional notions concerning the respective qualities of men and women. It had also drawn attention to the desirability of taking measures to ensure that inequalities in recruitment, assignment and promotion, which appear to be somewhat responsible for the maintenance of the wage gap, are remedied.

3. In its last report, the Government states that its basic policy is to give effect in a strict way to the provisions of the ILO Conventions that it has ratified; and that it is doing its utmost to secure compliance with the requirements of Convention No. 100. In the view of the Government, the Committee's observation of 1992 did not recognize accurately the systems and actual situation in the country, and covered the whole issue of the differential in average wages between men and women, going beyond the matters dealt with in the Convention. The Government considers that in respect of this Convention, the Committee should limit its judgement to the issue of equal remuneration for work of equal value and that it should leave other issues, such as securing equal employment opportunities, to be taken up at another occasion.

4. The Committee takes note of this statement. It appreciates the Government's commitment to implementing the Convention, as evidenced by its sustained efforts to maintain a dialogue on the matter. In this regard, the Committee recalls its 1990 general observation, where it observed that most ratifying countries experience serious difficulties in applying the main requirement of the Convention.

5. In determining the application of the Convention, the Committee has been concerned to elicit information on the wages received by men and women and the wage differentials between men and women, as such data may indicate the existence of problems, thus providing a basis for further studies and measures to implement better the principle of the Convention.

6. The Committee has also sought information on the means used to apply the principle of equal remuneration for work of equal value. In its previous observation, the Committee had not suggested that the seniority wage system be discontinued. It had reflected a statement of the Government indicating that a change from a seniority wage system to one based on job content should promote the principle of equal remuneration for men and women. Consequently the Committee had requested information on the extent to which an objective appraisal of jobs - within the meaning of Article 3 of the Convention - might be introduced in the context of the seniority wage system, so that the value of the different jobs undertaken by men and women may be compared in terms of their actual content or requirements. The Committee had pointed out in this regard that such comparisons should use non-discriminatory criteria, to ensure that the jobs performed mainly by women are not ascribed a lower value than those performed by men.

7. The Committee notes the Government's statement that there is no national consensus that jobs performed mainly by women (as for example, nursing) are given an unreasonably lower value in terms of their content than jobs performed mainly by men, on account of subjective value judgements based on traditional notions concerning the respective qualities of men and women. Consequently, no measures are being taken or contemplated from such a viewpoint. The Committee has, however, noted with interest that the Government has been providing counselling and assistance to enterprises which plan to improve the seniority wage system into a wage system based on job content, though information is not available showing the extent of progress because of changes in the method of statistical surveys.

8. The Committee requests the Government to supply, in its next report, detailed information on the minimum or basic wage rates and the average actual earnings of men and women employed in different sectors or occupations (including those where one sex predominates) broken down by seniority and skill level, as well as information on the percentage of women and men employed in these different sectors or occupations. The Committee would also be grateful if the Government would continue to supply information on the measures taken to advise enterprises on the introduction of a wage system based on wage content, including information on the criteria used to compare and classify the jobs performed by men and women.

9. Regarding the relevance to the Convention of measures to promote employment opportunities for women, the Committee has pointed out consistently that a comprehensive approach concerning equality of opportunity and treatment in employment and occupation is of particular importance for the application of this Convention. As it observed in paragraph 252 of its 1986 General Survey on Equal Remuneration, the equal evaluation of work and equal rights to all of the components of remuneration cannot be achieved in a general context of inequality. In this regard, the Committee notes the Government's statement that it is necessary to continue studying measures to further the aim of the Equal Employment Opportunity Law, 1985. The Committee requests the Government to indicate the measures which are taken or contemplated to encourage employers to give equal opportunities to women in recruitment, hiring, assignment and promotion, as employers do not have the obligation to do so under the Equal Employment Opportunity Law, 1985.

10. The Committee has noted that, in response to its suggestion of awarding seniority credits to women who have interrupted their careers to meet family responsibilities, the Government has referred to the provisions of the 1992 Law concerning child-care leave, which enables workers to take leave without resigning. The Committee requests the Government to indicate whether, in the case where a woman does take leave for family reasons under the Law, she is re-employed at the same seniority level to which she would have been entitled had she not interrupted her employment.