Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Japan (Ratification: 1974)

The Committee notes the Government’s report and the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) concerning the application of Conventions Nos 19 and 121.

Articles 10, paragraph 2, and 26, paragraph 1, of the Convention. Provision of medical and rehabilitation services. According to the comments on Convention No. 121, on 30 March 2004, the Ministry of Health, Labour and Welfare announced a “reorganization plan for occupational injury hospitals” to close or consolidate them. The Confederation states that these hospitals, which provide preventive care, treatment and rehabilitation, and support for maintaining health at the workplace, should not be closed or consolidated, but be further expanded. The Committee notes from the Government’s reports that the number of specialized occupational injury hospitals established and operated in the country under the workers’ accident insurance compensation scheme has decreased from 37 in 1993 to 33 in 2007, while the number of new recipients of insurance benefits in the period 1999–2005 has not (over 600,000 per year). The Committee also notes from the Government’s latest report that 19 human resources development centres have been established for providing vocational training to disabled persons. In view of the above, the Committee would like the Government to explain its policy as regards the development of occupational injury medicine and rehabilitation services, in particular in the light of the requirements contained in Articles 10(2) and 26(1) of the Convention.

Article 27. Equality of treatment of non-nationals. In its comments concerning Convention No. 19, the Confederation indicates that obligatory reporting of accident compensation given to undocumented foreign workers was abolished in 2006 in accordance with the notice concerning the “simplification of reporting concerning accident compensation given to illegal foreign workers”. As a result, it has become difficult to grasp current conditions, but there seem to be many cases where foreign workers without a work permit fail to file claims for compensation because of lack of information on accident compensation, fear of being deported and undue pressure from their employer. The Confederation also states that many trainees who come to Japan under industrial training and technical internship programmes are in reality working without being legally treated as workers or covered by the Workmen’s Accident Compensation Insurance Law. Taking into account that this Law covers both Japanese and foreign workers without distinction, the Committee asks the Government to explain how it is being applied with respect to foreign workers in the situations referred to by the Japanese Trade Union Confederation.

[The Government is asked to reply in detail to the present comments in 2008.]