Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) which were annexed to the Government’s report received on 28 October 2016. It further notes the observations of the Japanese Federation of Co-op Labour Unions (SEIKYO–ROREN) received on 24 May 2016.

Article 4 of the Convention. Leave entitlements. Transfer to remote places. The Committee recalls that for many years concerns have been raised over the impact of transfers on employees with family responsibilities and that a number of measures have been taken to address this issue. It recalls that section 26 of the Childcare and Family Care Leave Law requires employers to take into account family responsibilities when reassigning workers to such places, which would make it difficult for the worker to assume his or her family responsibilities. It also recalls that the Guidelines for measures taken to keep work–life balance (Guidelines No. 509 of 2009) call for employers to assess the situation of the workers, take into consideration the intention of the workers, and confirm whether there is alternative care of children or family members in the relocation site. The Government indicates in its report that section 52-4 of the Childcare and Family Care Leave Law provides that the Director of the Prefecture Labour Bureau may provide necessary advice or guidance in order to resolve disputes, and that in 2014, ten requests for assistance of dispute resolution over transfers were received. The Committee also welcomes the consensus reached by the Government and representatives of employers and employees, in their specifications of unlawful indirect discrimination, that transfers cannot be a requirement of recruitment, employment, promotion or change in job type without reasonable grounds. The Committee asks the Government to continue to provide information on the measures taken to monitor effectively and review transfer practices, including information on the measures taken to supervise the application of section 26 of the Childcare and Family Care Leave Law and the expanded scope of unlawful indirect discrimination. The Government is also asked to provide statistics on the transfer practices, disaggregated by sex, and on any disputes and decisions resolving such disputes.

Article 5. Childcare and family services and facilities. The Committee notes the detailed information on the Government’s initiatives to increase the capacity of childcare facilities, including preschool and after school facilities. It notes that it has increased the target for more child-rearing services from 400,000 to 500,000 by the end of 2017. It further notes that it is taking into account the increasingly diverse needs of parents and guardians, and has adopted a new system in 2015 to provide education and childcare for preschool children. The Committee notes that based on 2015 data, the number of day care centre places and the number of enrolled students has increased since 2010, and that the number of early childhood education and care places has substantially increased since 2011. The Committee further notes the creation of the services provided under the Comprehensive Support for Social and Daily Living of Persons with Disabilities Law 2013, including home help service, day service and short stay service, and other services targeted at assisting children with disabilities. The Committee also notes the increase in care facilities provided for the elderly including both home help service and nursing care facilities. The Committee notes the observation by JTUC–RENGO that in part due to the Government’s “Dynamic Engagement of All Citizens” plan of 2015, increasing the number of facilities for both child rearing and family care has been accelerated and expanded. Nevertheless, it indicates that the demand continues to exceed the supply with 23,167 children seeking places in childcare facilities as of April 2015. Noting that under the Government’s “Dynamic Engagement of All Citizens” Plan of 2016 an extra 2 per cent was to be allocated to the salaries of care workers as well and an extra amount per month to childcare workers, JTUC–RENGO emphasized the need for drastic improvements to be made in order to address the shortage of human resources and underpayment of those working in the childcare and other care fields including disability service workers. The Committee notes that SEIKYO–ROREN raised concerns over the demand exceeding the supply of services as well as over the poor quality of some of the childcare and family care services. Taking into account the continuing demand for childcare and family services, the concerns of JTUC–RENGO as regards human resources, and the policy efforts to increase women’s participation in the labour market and enhance the reconciliation of work and family responsibilities, the Committee hopes the Government will step up its efforts to provide adequate quality childcare and family services. The Government is also asked to continue to provide information on the number and activities of childcare and family services and facilities, and the progress made in meeting the growing demand.

Article 6. Education on sharing of family responsibilities. Further to its previous comments, the Committee notes that greater attention is being given in law and policy-making on the importance of workers being able to reconcile work and family responsibilities. It notes that efforts have been made to introduce to the public as well as to employers and workers the amendments to the Childcare and Family Care Leave Law, which further encourages employers to establish working environments and work organization to facilitate the reconciliation of work and family. The Committee further notes that greater focus is being placed on encouraging male employees to take childcare leave and to participate more in child rearing, and that the “IKU-men Project” continues to advocate and create public awareness to support men’s role in care giving. JTUC–RENGO observes that to effectively promote child-rearing among men, it is indispensable that in workplaces understanding is being shown, that work environments improve and that awareness on the gender division of labour is cultivated and addressed by both men and women. The Committee further notes that one of the goals of the Law on the Promotion of Women’s Participation and Advancement in the Workplace is to respect a woman’s choice with regard to the manner in which she wants to balance work and family responsibilities. The Committee notes that according to SEIKYO–ROREN women with childcare responsibilities feel they are a burden on other workers and that they cannot avail themselves of the childcare systems due to the long working hours, lack of understanding from men workers or the lack of such a system for part-time workers. The Committee recalls that the Convention and the Workers with Family Responsibilities Recommendation, 1981 (No. 165), place the matter of equality of opportunity for workers with family responsibilities within the wider framework of measures to promote equality between the sexes (General Survey of 1993 on workers with family responsibilities, paragraph 58). Therefore, in promoting the implementation of national laws and policies directed at harmonizing work and family life, the Committee urges the Government to undertake education and awareness raising activities directed at employers, workers and the public at large that address existing attitudes based on gender stereotypes of traditional gender roles of men and women within the context of promoting the achievement of equal employment opportunity between men and women. It asks the Government to provide information on the number and content of educational and awareness raising measures and their impact on improving the ability of both men and women to exercise their right in practice to reconcile work and family without discrimination.