Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the communication from the Japanese Trade Union Confederation (JTUC–RENGO) dated 29 August 2011, which was attached to the Government’s report, and to which the Government replied.

Article 3 of the Convention. National policy. The Committee notes that the Law on Measures to Support the Development of the Next Generation (Law No. 120 of 2003) was revised in 2008, to expand the scope of employers who are obliged to formulate an action plan concerning measures to support the development of the next generation undertakings employing more than 100 employees (section 12). The Committee also notes that in the context of a Cabinet decision on the “Strategy for the Rebirth of Japan” in July 2012, promotion of women’s active participation in the labour force constitutes one of the objectives in the area of employment and welfare. This Strategy set as goals to be achieved by 2020 to increase: (i) the employment rate of women aged from 25–44 to 73 per cent; (ii) the rate of mothers returning to work after birth of the first child to 55 per cent; and (iii) the rate of men taking childcare leave to 13 per cent. The Committee further notes the Government’s indication that as of the end of March 2011, the number of enterprises that had formulated action plans was 58,744, and that the measures contained in these plans include promotion of taking childcare leave by fathers, introduction of the short working hour system or a “no-overtime work day”. Furthermore, the “Public–Private Top Committee concerning the Promotion of Harmonizing Work with Childcare”, which is composed of employers, workers, local governments and related ministers, drew up a new “Charter on Work–Life Balance” and an “Action Guideline on Promoting Work–Life Balance” in June 2010. The Committee asks the Government to continue to provide information on the practical application of the Law on Measures to Support the Development of the Next Generation, including information on the extent to which enterprises are adopting action plans with a view to facilitating the harmonization of work and family responsibilities, and on the kind of measures that are contained in these plans. It also asks the Government to indicate the impact of the new “Strategy for the Rebirth of Japan”, the “Charter on Work–Life Balance” and the “Action Guideline on Promoting Work–Life Balance” on the application of the Convention.

Article 4. Leave entitlements. The Committee notes the statistical information provided by the Government concerning the number of men and women exercising entitlements under the Childcare and Family Care Leave Law and the legislation concerning childcare leave and family care leave for national and local public employees. It also notes the observation by the JTUC–RENGO that the benefits provided from unemployment insurance during the period of childcare leave and family care leave should be raised to 60 per cent, instead of 50 per cent of a worker’s salary for childcare leave and 40 per cent of a worker’s salary for family care leave. The Government replies in its report that the primary beneficiaries of the unemployment insurance are the unemployed, therefore it is not feasible to give a higher rate of benefits to those who take childcare leave or family care leave than the basic allowances of 50–80 per cent for the unemployed. The Committee asks the Government to provide information on any research or studies conducted concerning the rate of benefits for workers with family responsibilities. The Committee also asks the Government to continue to provide information on leave entitlements in practice, such as statistical information disaggregated by sex on the number of beneficiaries of such entitlements.

Article 5. Childcare and family services and facilities. The Committee notes the detailed information provided by the Government concerning the number of facilities provided by family support centres, day-care centres for children, nursing care centres and services for elderly people and persons with disabilities. The Committee also notes that under the “Vision for children and childcare” formulated in January 2010, the goal was set to increase the capacity of child day-care centres from 2.15 million in the fiscal year 2009 to 2.41 million in the fiscal year 2014. The Government also indicates that subsidies have been provided to employers who have introduced nursery facilities within their offices for their workers, and that in the fiscal year 2010, 637 municipalities operated family support centres, which coordinated between the workers who needed childcare services and the providers of such services. In this connection, the Committee notes the observation by the JTUC–RENGO citing the press statement of the Ministry of Health, Labour and Welfare, that as of October 2010, 48,356 children were still waiting to be accepted in the childcare centres. The Committee asks the Government to continue to provide information on the number and contents of childcare and family services and facilities, including the measures taken by local authorities and private and public sector employers to develop childcare services and facilities open to all workers with family responsibilities, with a view to reducing the number of children waiting to be accepted in the childcare centres.

Article 6. Education on sharing of family responsibilities. The Committee recalls its previous comments encouraging the Government to intensify its efforts to promote the sharing of family responsibilities between men and women, as envisaged in the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee notes the statistical information provided by the Government, indicating that 1.72 per cent of male workers and 85.6 per cent of female workers took childcare leave. The Committee also notes the statistical information on the number of workers in the public sector who took reduced working hours, childcare hours during working days, and childcare leave, which indicates that 1.6 per cent of male workers and 95.3 per cent of female workers at the national level, as well as 0.7 per cent of male workers and 93.9 per cent of female workers at the local level, took childcare leave during the period from April 2009 to March 2010. The Committee further notes that a project to promote the taking of childcare leave by men “Iku-men Project” has been implemented, including activities such as presenting on websites experiences of taking childcare leave and child rearing by fathers, holding symposia, and distributing leaflets. While noting these measures taken by the Government, the Committee observes that the number of male workers taking childcare leave remains very low. The Committee encourages the Government to continue its efforts to address the underlying causes of the low participation by men in sharing family responsibilities, with a view to achieving measurable outcomes. It also asks the Government to provide information on the impact of the measures taken to promote the exercise of childcare leave particularly by men, including awareness-raising activities such as the “Iku-men Project”.

Parts III to V of the report form. The Committee notes the Government’s indication that in the fiscal year 2010, pursuant to section 52-4 of the Childcare and Family Care Leave Law, 275 requests for dispute resolution assistance were made to the Directors of the prefectural Labour Bureau of which 272 cases received assistance and 218 cases were resolved. During the same period, reconciliation process by the Work–Life Balance Conciliation Conference commenced in 15 cases pursuant to section 52-5 of the Childcare and Family Care Leave Law, and recommendations were made in eight cases, of which four cases were settled due to the acceptance of the recommendations by both parties. The Committee asks the Government to continue to provide information on any cases or disputes handled by the courts, the Directors of the prefectural Labour Bureau or the Work–Life Balance Conciliation Conference, involving the issues relating to workers with family responsibilities, as well as the results achieved.