Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Japan (Ratification: 1953)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report, as well as the Government’s reply thereto, and the observations of the Japan Business Federation (NIPPON KEIDANREN) which were also forwarded with the Government’s report. It further notes the observations submitted by the National Confederation of Trade Unions (ZENROREN) received on 25 September 2014 and requests the Government to provide its comments thereon with its next report.

Articles 4 and 6 of the Convention. Collective bargaining rights of public service employees not engaged in the administration of the State in the context of the civil service reform. The Committee recalls that its previous comments concerned the need for measures to ensure the promotion of collective bargaining for public employees who are not engaged in the administration of the State in the framework of ongoing consultations on the reform of the civil service.

The Committee notes the Government’s indication that the civil service reform related bills, which had set out a new framework in the national public service where both parties to labour–employer relations negotiate and determine autonomously the issue of working conditions and promote reform of the personnel management and remuneration system, were not approved by the Diet. The Government adds that, under section 12 of the Reform Act, exchanges and consultations on measures for the autonomous labour–employer relations system were held and subsequently a new bill was approved which provided that the Cabinet Bureau of Personnel Affairs would “make efforts to reach agreements on measures for the autonomous labour-employer relations system, based on section 12 of the Civil Service Reform Law, gaining the understanding of the people, hearing from employees’ organizations”.

The Committee notes JTUC–RENGO’s observations that the National Public Service Act and the Local Public Service Act presented to the Diet in 2014 do not contain any provisions on the legal system regarding the points that have been raised under Conventions Nos 87 and 98. JTUC–RENGO expresses its deep concern that there will be no change to this situation in the foreseeable future. The Committee further observes the statement by NIPPON KEIDANREN strongly supporting the supplementary resolution in the Cabinet Committee of the House of Councillors on 10 April 2014, which is to make efforts to reach agreements on measures for autonomous labour-relations system with gaining the understanding of the people. NIPPON KEIDANREN further supports the idea that the Government would continue to carefully review and consider measures for autonomous labour-relations system for local public service employees based on voices from employees’ organizations and considering the changes of measures for national public service employees. While observing that the National Public Service Act does not include measures for the autonomous labour–employer relations system, the Committee notes that the Cabinet Bureau of Personnel Affairs is charged with examining measures for the autonomous labour–employer relations system through continuous hearing of those concerned. The Committee further notes, however, JTUC–RENGO’s observations that the Cabinet Bureau of Personnel Affairs which was established on 30 May 2014 has not held any exchanges or consultations with staff organizations on the establishment of an autonomous industrial relations system.

The Committee notes with regret that the package of reform bills, which was the fruit of long and detailed consultations with the social partners and civil society in Japan over many years, was ultimately not adopted and as a result, a number of public servants not engaged in the administration of the State remain deprived of their collective bargaining rights. The Committee requests the Government to bolster its efforts in dialogue with the social partners to review the current system so as to ensure in the very near future collective bargaining rights for all public servants not engaged in the administration of the State. It further requests the Government to provide detailed information on the steps taken by the Cabinet Bureau of Personnel Affairs to engage in consultation with the social partners on these matters as required by the Act.

The Committee notes that the observations of JTUC–RENGO and ZENROREN further raise a number of subsidiary points relating to unilateral wage cuts in 2013, which are being examined by the Committee on Freedom of Association in Cases Nos 2177 and 2183. The Committee takes note of the Government’s reply that this special temporary measure to respond to the need to revitalize the regional economies after the Great East Japan Earthquake came to an end on 31 March 2014.

Finally, the Committee notes the JTUC–RENGO observations that a recent change in applicable law has resulted in the removal of collective bargaining rights for the national forestry project staff. The Committee notes with regret the information provided by the Government concerning a legislative enactment which brings these project staff under the purview of the National Public Service Act. The Committee recalls its previous observation in which it sets out the restricted interpretation that should be given to the term “public servants engaged in the administration of the State” and requests the Government to indicate the steps taken to ensure that national forestry project staff is afforded the full guarantees of the Convention, including the right to bargain collectively.