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

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

The Committee notes the information provided by the Government in its report and the communication of 30 September 1996 received from the Japanese Trade Union Confederation (JTUC-RENGO).

1. For some years, the Committee has encouraged the Government to take measures consistent with the Convention in order to reduce a persistently high wage differential in the average earnings of men and women, a differential which is more pronounced for older workers. The Committee has observed that the seniority wage system, together with the concentration of women in lower paid jobs and their lack of equal employment opportunities, appear to be the primary causes of the wage differential. In the course of this dialogue, the Committee has suggested that measures be taken to introduce systems which enable an objective appraisal of jobs. The Committee considered this action would assist in ascertaining whether section 4 of the Labour Standards Act, 1947 - which prohibits employers from discriminating between men and women "concerning wages by reason of the worker being a woman" - is interpreted broadly enough to comply with the principle of the Convention; and that it would help to ensure that the jobs performed mainly by women are not remunerated at levels inferior to those undertaken by men, due to value judgements about the respective qualities and worth of men's and women's work. In its observation of 1992, the Committee had noted that, according to the Government, the employers and workers in the country recognized the merits of the seniority-based system and any reform would have to be undertaken gradually to avoid jeopardizing these merits. The Government's most recent reports, and its representatives in the 1993 and 1994 Conference Committee discussions on this case, have not commented on the possibility of introducing a wage system based on job content. The Committee must therefore conclude that there does not appear to be a consensus among the social partners to change the present situation in this regard. There appears also to be support for this conclusion in the comments made by RENGO, which states that it would be difficult in the short term to introduce a new wage system that would be very different from the present one, partly because wage negotiation is carried out at the level of each enterprise.

2. As regards other initiatives to reduce the wage differential, the Committee notes with interest that the Government has taken some active steps to promote equality of opportunity and treatment in employment for women workers. In March 1994, the Guidelines for Measures that Employers should Endeavour to Adopt to implement the Equal Opportunity Act, 1985, were revised to enumerate further the types of practices considered inconsistent with equal opportunity and treatment. In relation to recruitment and hiring, the practices include establishing prior limitations on the number of women recruited or hired, either generally or for specific types of jobs; and treating women unfavourably as compared with men in regard to providing information on recruitment and hiring, such as explanations on job offers. In assigning certain duties, employers are also called upon not to exclude only women workers for reasons such as marriage, for having reached a certain age or for having children. The Government indicates that it has been making efforts to ensure that both the Act and its Guidelines are publicised and implemented. The Government also states in its report that, in order to enlarge the areas of employment for women, certain of the restrictions stipulated in the Labour Standards Act have been eased and that, along with the review of that Act, the Equal Employment Opportunity Act is being examined by the Women's and Young Workers' Problems Council. The Government states that any necessary legislative action will be taken on the basis of the results of the Council's deliberations.

3. The Government has also supplied information on the outcome of a 1994 survey on the factors accounting for the difference in average actual income between men and women. After adjustments were made to the composition of the workforce to take account of different factors, such as age, level of position, length of service, educational background, etc., women's scheduled cash earnings represented some 80 per cent of men's. As to the factors accounting for this wage difference, the length of service was the most significant, followed by the level of the position held and the educational background. The report also notes that men and women hold different occupations and that the scheduled cash earnings include various allowances paid to household heads (such as family and housing allowances), which are not negligible. In order to reduce the difference in average actual income due to these factors, the Government states that its foremost concern is to reduce the difference in men's and women's length of service. Accordingly, measures have been taken to promote the better harmonization of work and family responsibilities through such initiatives as the Act concerning the welfare of workers who take care of children or other family members including child care and family care leave (Act No. 107 of 9 June 1995). Although some provisions of this Act, including those relating to the system of family care leave, will be enforced only as from April 1999, the Government states that it is promoting an early introduction of the system of family care leave as well as improvements in the working environment, so that workers will be able to easily take child-care and family care leave and return to work or continue working. In addition to these measures, which also serve to implement the provisions of the Workers with Family Responsibilities Convention, 1981 (No. 156) - ratified by Japan in 1995 - the Committee hopes that the Government will continue to address the other sources of the wage differential.

4. In this regard, the Committee has noted that a 1995 survey undertaken by the Ministry of Labour disclosed that among the companies which hired sogoshoku workers (those engaged in planning and decision-making jobs and expected to become top executives), only 27.6 per cent employed both males and females, which was a decrease of 18.9 points from the figure recorded in the previous 1992 survey. According to a report about this survey in the Japan Labour Bulletin of 1 June 1996, it was noted that "the larger the company, the higher the percentage of those which have adopted the two-track system" (sogoshoku, or ippanshoku which comprises those engaged in general office work). The Committee requests the Government to indicate the measures taken to address this practice and any others which limit equality of opportunity and treatment in employment for women, which are inconsistent with the revised Guidelines.

5. In its comments, RENGO states that, in order to narrow the wage gap concretely and realistically, legislation must be enacted to prohibit discrimination between men and women or to strengthen the current Equal Employment Opportunity Act. It also states that enforcement regulations of the Labour Standards Act should be enacted, so as to determine clearly those acts which constitute discrimination against women; and that the Act should prohibit unfavourable treatment for workers who exercise the rights guaranteed by the Act, such as the right to maternity protection. RENGO indicates that it has been promoting a campaign to correct the gender wage gap in the context of collective bargaining. Specifically it has sought, among other things, to eliminate discrimination in the application of the wage table, in promotions, and in respect of family and housing allowances. RENGO recommends, in particular, the abolition of the premium severance pay system for women employees that encourages them to resign at the time of marriage, pregnancy or childbirth and considers that other measures should be taken to enable women to continue working in these circumstances. It also stresses that women should not suffer disadvantageous treatment for exercising their legal rights, such as maternity leave.

6. The Committee has noted from an article in the Japan Labour Review of 1 August 1996 that a bill revising the Equal Employment Opportunity Act is likely to be submitted to a regular session of the Diet (Parliament) in 1997. The Committee hopes that the Government, in cooperation with the social partners, will take this opportunity to reinforce the legislation and create machinery for its effective enforcement. It also hopes that any future action will take account of the concerns expressed both by the Committee and the Conference Committee over certain practices which undermine the application of the Convention. The Government is requested to provide information in its next report on any further measures taken to ensure and promote the application of the Convention.