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

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

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in September 2013, which includes detailed employment data, information in reply to its 2012 observation, and observations made by the Japanese Trade Union Confederation (JTUC–RENGO). It also notes the observations made by the National Confederation of Trade Unions (ZENROREN), received on 25 September 2013, and by the Liaison Council of Labor Unions in Public Corporations (TOKUSHUHOJIN–ROREN), received on 24 August 2012 concerning dismissals and legislative changes relating to administrative agencies. The Government provided a reply to the observations of the TOKUSHUHOJIN–ROREN in its report. The Committee notes that the unemployment rates remained stable in 2011 and 2012, at 5.4 per cent for men and 4.6 per cent for women for both years. The rates decreased to 4.3 per cent for men and to 3.8 per cent for women in April 2013. In reply to the Committee’s previous comments regarding the workers affected by the postal privatization, the Government indicates that the employment situation of non-regular workers in the Japan Post Group companies, which are privatized, is determined by their business management in accordance with the regulations of labour laws in general, on the same level with other private companies. It adds that it does not have knowledge on the situation of improvement of the working conditions due to the promotion of non-regular workers to regular workers, as working conditions are matters of employment contracts between the individual workers and employers. The Committee invites the Government to continue to provide information on the employment measures adopted to promote full employment within a framework of a coordinated economic and social policy.

The Government indicates that the number of job openings and new hires nationwide, including in the three disaster-affected prefectures (Fukushima, Iwate and Miyagi) have increased from 2011 to 2012 due to various measures that have been implemented. The Committee notes the employment measures described in the Government’s report including the “Japan as One” Work Project. ZENROREN indicates that the number of workers who lost their jobs following the East Japan Great Earthquake of March 2011 amounted to 210,000 in the three prefectures most affected by the disaster. It adds that, of these people, 125,000 have found new jobs but 55 per cent of them (69,000 people) are in precarious employment. The Committee invites the Government to provide updated information on the employment measures taken in the three disaster-affected prefectures.

Article 3. Participation of the social partners in the formulation of employment policies. The Government indicates that important matters regarding the enactment, amendment and enforcement of laws and regulations relating to employment policy have been formulated following the consensus of workers, employers and government at the Labour Policy Council. The Committee notes the observations of ZENROREN indicating that, following the change of Government at the end of 2012, a total removal of the ban on worker dispatch and easing of the preventive regulations against the replacement of regular workers with dispatched workers are now being discussed. It adds that this policy change was discussed and decided in a governmental council which included many corporate representatives, without the participation of worker representatives. The Committee notes that JTUC–RENGO raised similar concerns in this regard in its observations. The Committee refers to its 2012 observation on the Private Employment Agencies Convention, 1997 (No. 181), in which it referred to the revision of the Worker Dispatch Law and the importance of consulting the social partners on the legislative provisions in question. The Committee invites the Government to provide in its next report on the Convention detailed information demonstrating the manner in which the experience and views of the social partners have been taken into account in the formulation, implementation and evaluation of employment policy measures.

The Committee is raising other points, including matters related to non-regular workers and employment measures targeting women, young persons and older workers, in a request addressed directly to the Government.