Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Japan (Ratification: 1953)

The Committee notes the information supplied by the Government in its report. The Committee also notes the conclusions of the Committee on Freedom of Association in Case No. 1897 (see 308th Report, paras. 451-480, approved by the Governing Body at its November 1997 session). Finally, the Committee notes the comments of the Japan National Hospital Workers' Union (JNHWU) and the Japanese Trade Union Confederation (JTUC-RENGO). The Committee notes the recent observations of JTUC-RENGO dated 29 October 1999 and requests the Government to reply thereto.

1. Promotion of negotiation rights of public employees who are not engaged in the administration of the State. In its previous comments, the Committee had recalled that the capacity of public employees who were not engaged in the administration of the State to participate in the process of the determination of their wages was substantially limited.

In its report, the Government reiterates its previous statements concerning the steps taken by the National Personnel Authority (NPA) to hear the views of public employees' organizations before making its recommendations to the Government on the revision of remuneration and other working conditions of public employees. For example, in 1998 the NPA held official meetings with public employees' organizations on 223 occasions between January and August. The Government adds that the NPA also makes its recommendations based on surveys on working conditions. After carrying out fact-finding surveys on the remuneration of all 500,000 national public employees and approximately 500,000 employees in nearly 7,600 private establishments nationwide, the NPA makes a detailed comparison of remuneration in the public and private sectors through statistical means and balances pay levels in these two sectors. For example, in August 1998 the NPA recommended that the gap between monthly salaries in the private sector (approximately $3,335) and monthly salaries in the public sector (approximately $3,310) be reduced. The Government indicates that in 1998 salaries have been amended in accordance with that recommendation.

The Committee takes note of this information but once again asks the Government to consider the measures that could be taken to encourage and promote the full development and utilization of machinery for voluntary negotiation with a view to the regulation of terms and conditions of employment by means of collective agreements for such employees, in conformity with its obligations under Articles 4 and 6 of the Convention, and to inform the Committee of the measures taken in this regard.

2. Exclusion of certain matters from negotiation in national medical institutions. The Committee observes from the JNHWU's observations and the Government's reply thereto that an agreement was reached between the Ministry of Health and Welfare and the JNHWU's head office on 26 February 1996 that working conditions related to the two-shift work system in national medical institutions (whereby two nurses are assigned to each unit for night shift), would be the subject of collective bargaining. The Committee notes however that despite the above agreement, negotiations between hospital managers and JNHWU branches have only been held in three out of a total of 77 medical institutions purportedly because no problems relating to working conditions have arisen thereafter. From the information available it appears to the Committee that measures need to be taken to encourage voluntary negotiation of terms and conditions of employment of public employees in national medical institutions. It therefore requests the Government to consider measures which could be taken in this regard and to indicate in its next report any progress made in promoting collective bargaining for these workers.

3. Exclusion of certain matters from negotiation in state enterprises. In its previous comments, the Committee had noted that section 8 of the National Enterprise Labour Relations Law excluded matters pertaining to the management and operation of state enterprises from collective bargaining and had requested both the Japanese Trade Union Confederation (JTUC-RENGO) and the Government to provide specific information on the types of issues which might thus be excluded from collective bargaining.

From the information provided by JTUC-RENGO it appears to the Committee that issues such as promotion, demotion, transfer, discharge, seniority and disciplinary action are excluded from collective bargaining in state enterprises because of the application to employees of such enterprises of the National Public Service Law which assimilates the above matters as those relating to "management and operations". In addition, the Committee observes that some of the other matters such as education, training, health, recreation, safety and welfare of personnel are excluded from collective bargaining in state enterprises even if working conditions affected by decisions on such matters may be subject to collective bargaining. In this respect, the Committee considers, that measures taken unilaterally by the authorities to restrict the scope of negotiable issues are often incompatible with Convention No. 98. The Committee notes that discussions regarding the preparation, on a voluntary basis, of guidelines for collective bargaining are a particularly appropriate method to resolve these difficulties (see 1994 General Survey on freedom of association and collective bargaining, paragraph 250). The Committee would therefore invite the Government to prepare, in consultation with the employees' organizations concerned, clear guidelines on negotiable issues in state enterprises and to keep it informed of measures taken in this regard.