Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Japan (Ratification: 1995)

1.  The Committee recalls its previous observation in which it noted the communication received from the Japanese Trade Union Confederation (JTUC-RENGO) and the Government’s reply stating that it would respond to the concerns raised in its next report. Having indicated that it would examine these issues at this session, the Committee regrets to note that the Government has not supplied a report. In its communication JTUC-RENGO had expressed its concern over the lack of protection in Japanese law against termination of employment because of family responsibilities. According to JTUC-RENGO there is a difference between the protection afforded under Article 8 of the Convention and Japanese law. In addition, JTUC-RENGO has pointed out that the transfer of workers to remote working places is sometimes resisted by the workers concerned because of their family responsibilities. JTUC-RENGO considers it very important to tackle the problems of workers with family responsibilities when they are ordered to be transferred to other working places.

2.  The Committee notes that similar concerns have been raised in a lengthy and quite detailed communication dated 17 October 2000 from the Telecommunications Workers Union (TSUSHINROUSO) which has been forwarded to the Government on 3 November 2000 for any reply it may wish to make. Noting the close relationship between the matters raised by JTUC-RENGO and the recent communications received from TSUSHINROUSO, the Committee has decided to address all the issues raised in both communications at its next session. It hopes the Government will supply information so that its views may be taken into consideration in the Committee’s examination of the matter.

3.  The Committee also notes the communications dated 13 October 2000 from the Japan National Hospitals Workers’ Union concerning in-house childcare facilities at national hospitals, personnel transfers to distant workplaces, and no paid nursing care and childcare leave for wage-based workers. The Committee notes that one of the points concerns the same issue of transfers raised by the other communications set out above. Noting that the communication was sent to the Government for comment on 7 November 2000, the Committee will also examine these points at its next session.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to report in detail in 2001.]