Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Japan (Ratification: 1965)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) transmitted with the Government’s report and the Government’s reply thereto. The Committee also notes the observations of the National Confederation of Trade Unions (ZENROREN) received on 28 September 2018 and requests the Government to provide information in response to these observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2018 concerning the application of the Convention. The Committee observes that the Conference Committee noted the Government’s submissions that a special survey was conducted in January 2018 to identify problems concerning the functioning of the Fire Defence Personnel Committee (FDPC) system, that it consulted workers and employers several times on this issue since March 2018 and the Government’s stated commitment to produce a plan to improve the functioning of the FDPC in continued consultation with employers and workers. The Conference Committee observed with concern that comments by this Committee on the application of this Convention had been referring for decades to discrepancies between the legislation and practice concerning the rights of firefighters and prison officers to establish and join organizations of their own choosing. The Committee noted the lack of meaningful progress in taking necessary measures regarding the autonomous labour-employer relations system. The Conference Committee called upon the Government to: examine carefully the autonomous labour–employer relations system, in consultation with the social partners, taking into account the Government’s statement that there are various issues with regard to this system; provide information on the initiative discussed above to identify problems concerning the functioning of the FDPC system and measures taken as a result; hold consultations with the social partners at the national level on the view of the Government that firefighters are considered police and how this view corresponds to the application of the Convention and provide information on the outcome of this consultation; consider, in consultation with the social partners, what categories of prison officers are considered part of the police, thus exempted from the right to organize, and those categories that are not considered part of the police, and having the right to organize; and consider, in consultation with the social partners, if the procedures of the National Personnel Authority ensure impartial and speedy conciliation and arbitration. The Conference Committee called upon the Government to develop a time-bound action plan together with the social partners in order to implement these recommendations and report to the Committee of Experts before its next meeting in November 2018.

Article 2 of the Convention. Right to organize of firefighting personnel and prison officers. The Committee recalls its previous comments concerning the need to recognize the right to organize for firefighting personnel and prison officers. The Committee notes the Government’s indication that the recommendations of the Conference Committee were discussed with JTUC–RENGO on 20 August 2018. As regards the FDPC system, the Government indicates that it revised the implementation policy in September 2018, obtaining agreement from both employees and employers’ side and that the new policy will be in force in April 2019. Recalling its consideration that fire defence personnel should be considered as police stemming from its understanding at the time of its ratification of the Convention, the Government describes the main revisions as follows: in order to further utilize the FDPC system, a fire chief and a FDPC chairperson shall endeavour to create an environment for fire defence personnel to easily provide opinions and ensure fairness and transparency in the management of the FDPC; if the FDPC decides not to deliberate on the opinions, it shall inform the personnel who had offered the opinion about the reason why it is not to be deliberated by the day of the FDPC meeting; to facilitate the provision of opinions, fire defence personnel may do so anonymously through the opinion coordinator who will submit to the FDPC secretariat. Information sessions will be held nationwide and pamphlets distributed in order to thoroughly implement the new policy. A list of good practices of FDPC management in consultation with the employees’ side will be compiled and shared with the fire departments. Finally, regular social dialogue will further be introduced regarding the FDPC system.

The Committee however notes the concerns raised by JTUC–RENGO that the Government has not responded directly to the Conference Committee’s conclusions and that no time-bound action plan was developed with social partners as had been requested. The only development that could be noted is the intention to proceed in consultations between the Ministry of Internal Affairs and Communications and the Fire Defence Agency with the All-Japan Prefectural and Municipal Workers’ Union (JICHIRO) which have been conducted since July 2018. JTUC–RENGO regrets that the Government continues to allude to old reports of the Committee on Freedom of Association (CFA) which pre-dated the Government’s ratification as justification for the status quo and recalls that the CFA’s June 2018 examination of these issues called on the Government to fully grant the right to organize and to collective bargaining to these categories of workers.

The Committee recalls that in its previous comments it had noted that the Government was considering a new initiative comprising fact-finding surveys on how the FDPC system is being administered which would allow both the management and the staff nationwide to express their opinions through a questionnaire. The Committee once again requests the Government to provide information on the conduct of the surveys, their outcome and the measures taken or contemplated as a result. Noting the additional initiative indicated by the Government in its report concerning the FDPC system, while also noting that the revised implementation policy for the FDPC is distinct from the recognition of the right to organize under the Convention, the Committee once again expresses its firm expectation that continuing consultations will contribute to further progress towards ensuring the right of firefighting personnel to form and join an organization of their own choosing to defend their occupational interests. The Committee requests the Government to provide detailed information on all further steps taken in this regard, as well as detailed information on the steps contemplated in the future.

Regarding penal institution staff’s right to organize, the Committee recalls the information provided by the Government in its previous report on the distinction among staff in penal institutions: (i) prison officers with a duty of total operation in penal institutions, including conducting security services with the use of physical force, who are allowed to use small arms and light weapons; (ii) penal institution staff other than prison officers, who are engaged directly in the management of penal institutions or the treatment of inmates; and (iii) penal institution staff designated, by virtue of the Code of Criminal Procedure, to carry out duties of the judicial police officials with regard to crimes which occur in penal institutions and who have the authority to arrest, search and seize. The Committee notes the Government’s brief explanation in its present report that it went through the review by the Committee of the Administrative Reform Promotion Headquarters and considers that the prison officer is included in the police. The Government also considers that this view was shared by the CFA in its 12th and 54th reports. The Committee further notes however, as regards the report referred to by the Government concerning prison staff, the indication by JTUC–RENGO that the 2007 report issued by the Expert Examination Committee for the Headquarters for Promoting Administrative Reform had indicated that opinions were divided on whether or not to give prison staff the right to organize.

The Committee notes with regret that, despite the Conference Committee conclusions calling upon the Government to consider, in consultation with the social partners, the categories of prison officers considered part of the police and those categories that are not, the Government has simply stated that it considers prison officers to be police without any indication as to the review carried out with the social partners to differentiate between the different categories of workers. The Committee therefore once again requests the Government, in consultation with the national social partners and other concerned stakeholders, to take the necessary measures to ensure that prison officers other than those with the specific duties of the judicial police may form and join the organization of their own choosing to defend their occupational interests, and to provide detailed information on the steps taken in this regard.

Article 3. Right of public sector employees to organize their activities and formulate their programmes. The Committee recalls its long-standing comments on the need to ensure basic labour rights for public service employees, with the possible exception of public servants exercising authority in the name of the State and workers employed in essential services in the strict sense of the term. The Committee notes the general information provided by the Government on the steps taken to continuously hear opinions from employee organizations and its intention to carefully examine the autonomous labour-employer relations system. The National Personnel Authority, as a neutral third-party organization, provides recommendations of working conditions while hearing thoroughly the opinions and requests from employees and employers; it held 216 official meetings in 2017. The Government will then draft bills, taking a basic position of respecting the NPA recommendation system, which are deliberated in the Diet. The Government concludes that the working conditions of public service employees are appropriately maintained through these compensatory measures. The Committee further notes that the JTUC–RENGO regrets that the Government position on the autonomous labour-employer relations system has not evolved. JTUC–RENGO expresses its deep concern at the apparent lack of intention on the part of the Government to reconsider the legal system with regard to the basic labour rights of public service employees and requests that in light of the Government’s neglect of the issues under the Convention discussed by the Conference Committee, consideration be given to investigating these matters through a mission to the country.

Recalling the Conference Committee conclusions, the Committee requests the Government to elaborate, in full consultation with the social partners concerned, a time-bound plan of action for the review of the current system with a view to ensuring effective impartial and speedy conciliation and arbitration procedures, in which the parties have confidence and can participate at all stages, and in which the awards, once made, will be fully and promptly implemented. The Committee requests the Government to indicate the steps taken in this regard and, in the meantime, to continue to provide detailed information on the functioning of the NPA recommendation system. The Committee further requests the Government to indicate any measure taken or envisaged to ensure full exercise of the rights under Article 3 of the Convention for public service employees who are not exercising authority in the name of the State.

[The Government is asked to reply in full to the present comments in 2019.]