Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee takes note of the Government's report and of the detailed oral and written information supplied by the Government to the Conference Committee in June 1995 as well as the discussion which took place thereafter. It also notes the comments made by the Japanese Trade Union Confederation (JTUC-RENGO).

1. Denial of the right to organize of fire-fighting personnel. The Committee notes from the information supplied by the Government in its report and to the Conference Committee that the Ministry of Home Affairs, the Fire Defence Agency and the All-Japan Prefectural Municipal Workers' Union (JICHIRO) continued to hold consultations in order to find an appropriate solution to the issue of the right to organize of fire-fighting personnel. The Committee also notes that as a result of these consultative efforts, an agreement was reached on the introduction of a new system to guarantee the participation of fire defence personnel in the process of determining their working conditions and improving such conditions.

According to the Government, the new system would be as follows: (1) a fire defence personnel committee would be established in each fire defence headquarters throughout the nation; (2) the committee would discuss opinions to be presented by fire defence personnel on improvement of working conditions or other subjects, and the committee would present its observations to the fire chief; (3) the committee would be formed by fire defence personnel, half of whom would be appointed on the basis of recommendations of members of the respective unit; (4) the fire chief would respect the intention of the committee's observations and strive to improve working conditions or other matters regarding fire defence personnel. Legislative amendments to establish this new system have been undertaken through the introduction of a Bill to amend the Fire Defence Organization Law. The Government states that the Bill was passed on 20 October 1995 with the unanimous approval of ruling and opposition parties and promulgated on 27 October.

In addition, the Government states that the important points of this system were the guarantee of "locality" and "participation of personnel" in deciding the working conditions of fire defence personnel, which JICHIRO had demanded throughout the consultations. Regarding locality, this system would be established in each of the 925 fire defence headquarters across the country. With respect to personnel participation, all personnel could put forward opinions to the committee concerning improvements in their working conditions, individual outfits or other matters. Thus this new system would guarantee the participation of fire defence personnel in the process of deciding their working conditions and would be in line with the spirit of the protection of their rights.

Finally, the Government states in its report that in order to implement this new system, it has held a national meeting with local governments and has made other efforts to inform them of the new system. Furthermore, in cooperation with the parties concerned such as labour organizations, fire defence headquarters, etc., the Government is making preparations so that this system will operate smoothly.

The Committee further notes the comments made by JTUC-RENGO that the relevant laws have already been revised and that the necessary steps to set up a fire-fighting staff committee in each fire defence headquarters have been taking place.

The Committee takes note of the above information with interest. The Committee would request the Government to supply a copy of the amended law and to provide information on the operation of the new system.

2. Prohibition of the right to strike of public servants. The Government states in its report that the Supreme Court has maintained in a judgement that the prohibition of the right to strike by public employees is constitutional. The Committee recalls that the prohibition on strikes should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes that according to JTUC-RENGO there is a total ban on the right to strike for government employees both at the national and local levels, including for public school teachers. The JTUC-RENGO adds that dismissals and other sanctions due to strike action are quite common and several government employees, including teachers, have filed cases in court.

The Committee requests the Government to provide its comments on the observations made by JTUC-RENGO in its next report. It would also once again ask the Government to indicate the measures taken or envisaged to limit the prohibition of the right to strike of public servants only to those exercising authority in the name of the State or those providing essential services.