Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Employment Policy Convention, 1964 (No. 122) - Japan (Ratification: 1986)

Non-regular workers. The Government indicates, in the report received in September 2013, that globalization has forced changes in the form of employment. It adds that it is important to improve the environment which provides workers a living with peace of mind regardless of whether the employment is regular or temporary, as well as to promote the regularization of non-regular workers, in order to eliminate polarization of regular and temporary employment. The Government has been supporting employers who implement measures, such as support for career advancement within the company, stabilization of employment, and improvement of the treatment of temporary workers. In addition, legislative measures have been initiated to strengthen the safety net, as well as to improve the treatment of temporary workers. The Committee notes that amendments to the Labour Contract Act came into force in April 2013, adding a mechanism that converts fixed-term contracts into open-ended labour contracts as requested by the workers in cases where fixed-term contracts get renewed repeatedly. Also, a rule was introduced that prohibits the imposition of working conditions on fixed-term contract employees unreasonably different from those of open-ended contract employees on the grounds of fixed-term labour contracts. The Committee notes that JTUC–RENGO raises the issue of the high rate of non-regular workers in comparison to total employment, calculated at 38.2 per cent (2012 figures). The Committee invites the Government to provide in its next report information on the measures implemented in consultation with the social partners to reduce labour market dualism. Please also include information on the results of these measures, indicating whether they have translated into productive and lasting employment opportunities for non-regular workers.

Employment of women. The Government indicates that the total number of women employed increased to 23.57 million in 2012, reaching 42.8 per cent of the total number of employed persons. Regarding the career-tracking system, the Government indicates that 121 enterprises were provided guidance by prefectural labour offices on desirable employment management. Moreover, the Committee notes that six tripartite meetings were held since October 2012 to discuss and review the implementation of the Equal Employment Opportunity Law and the career-tracking system. The Committee invites the Government to provide information on the impact of policies and measures taken to promote women’s employment and equal employment opportunities for women and men. Please also continue to provide information, including statistics, on the initiatives taken to dismantle the gender-based career-tracking system to ensure that there is freedom of choice of employment and that each worker shall have the fullest possible opportunity to qualify for and use his or her skills, in the conditions set out in Article 1(2)(c) of the Convention.

Youth employment. The Committee notes that the unemployment rate for young persons (15–24 years old) was measured at 8.4 per cent in 2011 and 8.1 per cent in 2012. The Government indicates that for the purpose of supporting employment of “non-new graduates”, that is jobseekers still looking for jobs within three years of graduation, financial incentives are provided to employers who hire these jobseekers as full-time employees or hire them as temporary employees and then transfer them to full-time employment. As a result of these measures, 46,515 young jobseekers were hired in 2011 and 18,272 in 2012. Moreover, the Government indicates that as a result of the “Step Up Programme for the Young”, a programme that provides support to young people who wish to obtain full-time employment, 302,000 freeters (young people in temporary or part-time jobs) were converted to full-time employment. JTUC–RENGO indicates that, even when young persons can obtain employment, there are many cases which end with an early termination of the work. It calls for an improvement of the working environment which will enable young people to continue to work in addition to a consideration of employment support. The Committee invites the Government to provide information on measures taken to increase opportunities for young persons to find lasting employment, as well as statistical data on the implementation and results of these measures.

Older workers. The Government indicates that, as of April 2013, the Act to amend the Elderly Employment Stabilization Law was enforced including a provision to publish the names of companies that do not comply with the recommendation on the employment measures for older workers. JTUC RENGO indicates that the legislation only provides the grounds for the advice, guidance and recommendation by the Government, and thus it does not stipulate the right for workers to request the employment security measures in the case in which a company does not comply. It calls for the improvement of the legislation. In reply to the Committee’s previous comments, the Government indicates that recent employment data show that 97.3 per cent of enterprises with 31 or more workers had implemented employment security measures for older workers as of 1 June 2012. It further indicates that strong guidance will continue to be provided in the future to enterprises that have not yet implemented these measures. JTUC–RENGO indicates that the Government’s survey originally excludes companies with 30 or less workers from its target but those companies account for more than 90 per cent of total enterprises in Japan. The Committee invites the Government to continue to include information on measures intended to promote productive employment opportunities for older workers, as well as statistical data on the implementation and results of these measures.