Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC-RENGO), transmitted by the Government together with its report. The Committee also notes the observations of the Japan Business Federation (NIPPON KEIDANREN), transmitted by the Government together with its report and supported by the International Organisation of Employers (IOE). It further notes the Government’s reply to the observations of the Japan Postal Industry Workers’ Union (YUSANRO) of 2016.

Article 1 of the Convention. Non-regular workers. In reply to its previous comments, the Committee notes the information provided by the Government with regard to the impact of the measures taken to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act, both of which came into force in 2015. The Government reports that, according to the Survey of Part-time Workers conducted in 2016, out of the 39.4 per cent of businesses that took measures to apply the revised Act on Part-Time Employment, 30.7 per cent had reviewed the working conditions of their workers with the aim of ensuring balanced or equal treatment between their regular and part-time workers. The Government adds that the Report on Worker Dispatching Business for 2016 reveals that 45.3 per cent of dispatched workers were employed as regular workers after making a request to be hired. In its observations, NIPPON KEIDANREN expresses its support to the revised Work Dispatch Act, stressing the need for its continued application in order to reduce dualism in the labour market. Furthermore, the Government indicates that, in June 2018, following the adoption of the Work Style Reform Act, amendments were introduced to the legislative framework, including to the Working Hours Arrangement Improvement Act, to eliminate unequal treatment between regular and non-regular workers (part-time, fixed-term and dispatched workers). These amendments will enter into force in April 2020 for dispatched workers and in April 2021 for workers engaged under part-time and fixed-term contracts. The Committee notes the Government’s indication that the amendments seek to eliminate differences in terms and conditions of employment, such as in relation to salaries, bonuses and allowances, as well as to enhance the accountability of employers for the treatment accorded to workers. The amendments also provide guidance concerning the implementation of the Act and establish alternative dispute resolution mechanisms. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and type of employment contract, on the nature, implementation and impact of the measures taken to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act. In addition, the Committee requests the Government to communicate information concerning the establishment and functioning of the alternative dispute resolution mechanisms established, including information on the number and types of disputes brought before these mechanisms and their outcomes.

Employment of women. The Committee notes that, according to the 2019 OECD Economic Survey on Japan, the employment rate of women increased from 60.7 per cent in 2012 to 69.6 in 2018. Nevertheless, according to the 2019 OECD Survey, the majority of working women (two-thirds) are in non-regular jobs, which pay less. Moreover, the Committee notes the presence of vertical segregation in that the share of management positions held by women in the public and private sectors is one of the lowest among the OECD member countries. This in turn contributes to a 25 per cent gender wage gap, the third highest among the OECD member countries. The Committee takes note of the adoption of Act No. 24 of 2019, which amended the Act on Promotion of Women’s Participation to increase its scope of application to companies with 101 or more full-time employees (previously limited to companies with 301 or more full-time employees). In this context, the Committee notes the information provided by the Government concerning measures taken to promote the employment of women. The Government reports that 99.3 per cent of companies with more than 301 full employees and 5,681 general employers with 300 or less full-time employees have developed action plans to implement the Act on the Promotion of Women’s Participation, by providing for publication of data concerning the level of participation of female workers in the enterprise and for measures to support women with family responsibilities, such as reducing the waiting list to access childcare services. The Government reports that the employment rate among women with family responsibilities has increased by 8.8 per cent over the past six years. The Committee recalls its 2017 comments in relation to the Workers with Family Responsibilities Convention, 1981 (No. 156), in which it recalled that the Convention and its Recommendation (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 (1993 General Survey on workers with family responsibilities, paragraph 58). In this regard, the Committee noted in its 2017 comments the efforts being made to encourage male employees to take child care leave and to participate more in child rearing, and urged 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. The Committee further notes the Government’s indication that the share of women in managerial positions in private enterprises increased from 8.7 per cent in 2015 to 9.9 per cent in 2018, and that the gender pay gap has been narrowing steadily. The Committee notes that, in its observations, JTUC-RENGO indicates that, despite the increase in the rate of employment among women, the majority of women are in fact working under casual, part-time, or non-regular contracts. JTUC-RENGO points out that, while 7.1 per cent of workers working full-time for low wages are men, the percentage of women in this situation is three times higher (22.1 per cent). JTUC-RENGO adds that the criteria established for the career advancement of women remains arbitrary and undefined. In this regard, JTUC-RENGO calls for a further revision of the Act on the Promotion of Women’s Participation. With respect to the gender-based career-tracking system, the Government indicates that strict measures are being taken to prevent the system from being used to establish different working conditions and opportunities for male and female workers, which would constitute a violation of section 6 of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and type of employment contract, on the implementation and impact of the revised Act to Promote Women’s Participation and Advancement in the Workplace, as well as of other measures taken or envisaged to promote women’s access to decent jobs and lasting employment, including in managerial and decision-making positions. The Committee requests the Government to provide updated detailed information on the nature, extent and impact of educational and awareness raising measures to promote equitable sharing of family responsibilities that enable both women and men to exercise their right to better reconcile their professional and family responsibilities and ensure equality of opportunity and treatment in workplaces on the basis of both sex and family responsibilities. It also requests the Government to provide more detailed information on the measures taken for the strict implementation of section 6 of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment to restrict the use of the gender-based career-tracking system to ensure that women and men enjoy freedom of choice in employment and occupation, as contemplated in Article 1(2)(c) of the Convention.

Youth employment. In reply to its previous comments, the Committee notes the information provided by the Government regarding the impact of the measures adopted to promote employment for young persons. The Government indicates that, in 2018, 187,845 young graduates were employed as regular workers through the programme “Hello Work for New Graduates”, which provides individually tailored counselling and guidance services to new graduates in cooperation with universities and other educational institutions. The Government also refers to the implementation of the “Hello Work for Youth”, which provides various types of support activities to jobseekers and workers from the “employment ice age” generation who are engaged under precarious employment contracts (this term refers to persons that graduated between 1993 to 2004, a period characterized by an extreme slump in employment opportunities, during which young people graduating from high school or university were often unable to access the labour market). The Government reports that, in 2017, 28,403 persons were employed as regular workers through the “Hello Work for Youth” programme. In addition, the Government refers to the introduction in 2017 of a subsidy system for employers hiring workers from the “employment ice age” generation who have been working on precarious employment contracts for a specified period of time. The Government also reports that it has launched a three-year intensive programme to promote the regular employment of this category of young persons. The programme provides vocational training, career counselling and job placement services through the “Hello Work” offices, in addition to education programmes: on the job-training in the private sector: the “finish-to-start” programme (integrated courses combining qualification acquisition in a short-time and on-the-job training); and “ready-to-go” programme (human talent development courses focused on industries characterized by labour shortages or specific local needs). Subsidies are provided to programme participants in vocational and on-the-job training. The Committee notes, however, that the Government does not provide information on the nature, content or impact of the initiatives mentioned. The Committee requests the Government to provide detailed updated information, including statistical information disaggregated by age, sex and type of employment contract, on the content and the impact of the measures taken to ensure full, productive, freely chosen and lasting employment for young persons, including on the implementation of the Act for Partial Revision of the Youth Labour Welfare Act, the Hello Work for New Graduates programme, and the Hello Work for Youth programme.

Older workers. The Committee notes the information provided by the Government concerning the impact of measures taken to promote productive employment of older workers. The Government indicates that 99.8 per cent of enterprises with 31 or more workers implemented employment security measures for older workers as of June 2018. The Government adds that guidance will be provided to companies with 30 or less workers to assist them in implementing these measures. In addition, subsidies have been granted to enterprises hiring persons aged 65 or over, extending their employment, or taking measures to ensure that they have adequate working conditions. The Government adds that the revised Employment Insurance Act, which entered into force in January 2017, ensures that persons aged 65 or over are eligible for employment insurance. In 2019, the number of “lifelong participation counters” promoting the continued employment of older workers increased from 180 to 240. Moreover, in the framework of the revised Act on Stabilization of Employment of Elderly Persons, the number of local “lifetime participation promotion areas” promoting diversified employment opportunities for older persons also increased from 44 to 74 areas. The Government indicates that the working hours requirements applicable to the Silver Human Resources Centres (SHRCs) have been relaxed. The SHRCs provide job opportunities for retired citizens in the industries established in each city, town and village by Prefectural Governors. In its observations, NIPPON KEIDANREN expresses the view that job placement services for older workers should be developed. In this regard, the Government refers to the implementation of a career human resources agency project for older workers who are expected to retire, which provides job placement services to older workers. NIPPON KEIDANREN observes that the employment programmes implemented should respect the measures adopted by employers and workers to support the employment of older workers and to increase their employment opportunities. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures taken to promote productive employment of older workers, including further information with respect to the implementation of such measures in enterprises with less than 30 workers.

Persons with disabilities. The Government indicates that, in the framework of the “Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan”, consistent support measures have been provided to persons with disabilities to promote their active participation in the labour market. In its observations, the JTUC-RENGO alleges claims that several prefectural governments and central government ministries incorrectly reported the number of workers with disabilities in order to comply with the statutory employment quota. JTUC-RENGO points out that, as of 1 June 2017, 2.5 per cent of persons with disabilities were reported to be working in the central government ministries compared to 2.4 per cent in the prefectural governments. JTUC-RENGO observes that after new surveys were conducted, these figures were corrected to reflect that in fact 1.17 per cent of persons with disabilities were working for central government ministries and 2.16 per cent for prefectural governments. With regard to companies in the private sector, JTUC-RENGO indicates that, as of 1 June 2018, more than half of private sector companies had failed to comply with the statutory employment quota of 2 per cent employment of persons with disabilities. In addition, JTUC-RENGO points out that, while the "exception rate system" (which provided that employers were not under an obligation to employ persons with disabilities in certain positions deemed to be of a certain complexity) was eliminated in 2004, it still exists as a transitional measure. JTUC-RENGO adds that the “exception rates figures” have not been reviewed since 2010 and calls on the Government to take the necessary measures to effectively abolish the system. The Committee requests the Government to continue to provide updated detailed information on measures to promote the employment of workers with disabilities on the open labour market, as well as on the application of the statutory employment quota for persons with disabilities in both the public and private sectors.