Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Wage Fixing Convention, 1970 (No. 131) - Japan (Ratification: 1971)

The Committee notes the Government’s report and would appreciate receiving further information on the following points.

Article 1 of the Convention. While noting the Government’s explanations regarding the categories of public sector employees enjoying the coverage of the Minimum Wage Law (Law No. 137 of 1959), the Committee requests the Government to provide additional information concerning the number of national and local public officers who are not subject to the Minimum Wage Law and the method for establishing the minimum pay rates applicable to them.

Article 2, paragraph 1. The Committee notes the Government’s indication that employers failing to apply the applicable minimum wage rates are liable to a fine not exceeding 20,000 yen (approximately US$170). Noting that the Convention provides that persons paying sub-minimum wage rates should be liable to appropriate penal or other sanctions, and also considering that violations of binding rules and regulations dealing with minimum wages must be sanctioned in a manner that is proportional to the seriousness of the violation and sufficiently strict to prevent repetition, the Committee would be grateful if the Government could indicate whether the amount of the fine set out in section 44 of the Minimum Wage Law is considered to be truly dissuasive or whether its possible revision is envisaged.

Article 4. The Committee notes the information provided by the Government that section 8 of the Industrial Homework Law (Law No. 60 of 1970), as amended in 2001, provides that minimum homework rates are established by the Minister of Health, Labour and Welfare or by the Directors of the Prefectural Labour Bureaus, based on the opinion of the Labour Policy Council or the local labour councils. It also notes that as prescribed by section 3 of Cabinet Order on the Labour Policy Council (Cabinet Order No. 284 of 7 June 2000) and by section 3 of the Cabinet Order on the Local Labour Councils (Cabinet Order No. 320 of 27 September 2001), the labour policy council and the local labour councils both comprise an equal number of government, employers’ and workers’ representatives.

Moreover, the Committee notes that according to the statistical information annexed to the Government’s report, the industry-specific minimum pay rates in certain prefectures have not been revised for between seven to ten years. It would appreciate receiving the Government’s clarification on this point as well as any indication concerning their possible readjustment.

Article 5 and Part V of the report form. The Committee notes the detailed statistical information provided by the Government on the minimum wages set by region, industry, or by collective agreements as well as the minimum wage rates for seafarers. It also notes the information on the administrative structure and staffing of the labour inspection services as well as the statistical data regarding labour inspection results in the period 2000-05. The Committee would appreciate if the Government could continue to send up to date information on these matters, including also copies of official studies and relevant surveys, thus enabling the Committee to better monitor the application of the Convention in practice.