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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year (see section concerning the COVID-19 pandemic), as well as on the basis of the information at its disposal in 2019.

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.

COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at the national and local levels, as well as the measures taken by the Government to mitigate it. The Committee notes that a Declaration of a State of Emergency was issued on 7 April 2020, which was subsequently lifted in all prefectures on 25 May 2020. Several emergency response packages, representing over 20 per cent of Japan’s gross domestic product (GDP), have been adopted to address the COVID-19 pandemic, protect the public and move towards economic recovery. In this framework, the Committee notes the information provided by the Government in its supplementary report concerning the broad range of measures adopted by the Government to protect employment and livelihoods. The Government refers to, among other measures: expanding special measures on the Employment Adjustment Subsidies until December 2020; launching a fund to support workers who are forced to leave work due to the impact of COVID-19 and are not able to receive allowances during this period; and providing assistance to businesses to ensure business continuity (such as cash payments to Small and Medium Enterprises (SMEs)) and financial subsidies to workers affected by school closures. The Committee notes that in its observations, JTUC–RENGO highlights that, taking into account the negative prospects concerning the impact of the pandemic, the expansion of the Employment Adjustment Subsidies should be implemented until at least March 2021. JTUC–RENGO points out that additional measures should be taken to encourage employers to retain workers. Recalling the comprehensive guidance provided by international labour standards, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impacts of the global COVID-19 pandemic and the measures taken, in consultation with the social partners, to address these impacts when implementing the programmes and measures aimed at ensuring the objectives of the Convention and the outcomes of these programmes and measures.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. The Committee notes the Government’s report received in August 2019, which includes detailed information in reply to its 2017 Observation. The Committee notes that the Government refers to the implementation of measures contemplated under the “Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan” and its accompanying comprehensive strategy which provides measures for the inclusion of persons with disabilities in the labour market. Furthermore, the Committee notes the adoption in 2018 of the “Act on the comprehensive promotion of labour policies” and the order for enforcement of such Act with a view to promoting a work-style reform allowing workers to choose different work styles depending on their personal circumstances. In December 2018, the Government also adopted the “Basic Guidelines for Labour Policies” which highlight the importance of effective utilization of workers’ capabilities. The Government also indicates that, since 2018, the “counter for securing human resources” is the main public employment office providing job placement services, especially in those sectors facing serious labour shortages, such as social welfare, construction, security and transportation. In this respect, the Committee notes the statistical information, compiled from the Labour Force Survey of the Statistics Bureau and provided by the Government, regarding employment trends for the period 2016–2018. The data provided indicates that labour force participation has increased despite declines in the working age population. The Committee requests the Government to provide detailed updated information on the impact of the employment measures adopted, including the measures implemented under the Japan Revitalization Strategy, the Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan and the Basic Guidelines for Labour Policies. It also requests the Government to continue to provide updated detailed information, including statistics on employment trends, disaggregated by age, sex and economic sector. The Committee also reiterates its request to the Government to provide detailed updated information on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy.

Article 3. Participation of the social partners. In reply to the Committee’s previous comments, the Government reiterates that the tripartite Labour Policy Council has deliberated on important matters concerning the enactment, amendment and enforcement of employment legislation and its opinions were taken into account in the planning and designing of employment policies. In its observations, NIPPON KEIDANREN indicates that it participated constructively in the formulation of the Basic Guidelines. The Committee welcomes the Government’s indication that consultations were also held with representatives of workers and employers directly affected by the employment policies developed, such as persons with disabilities, who were consulted in the framework of the Subcommittee for the Employment of Person with Disabilities under the Labour Policy Council. The Committee requests the Government to continue to provide information on the activities of the tripartite Labour Policy Council with respect to the development, implementation and review of employment policy measures and programmes, including those adopted to address the socioeconomic impact of COVID-19, and the manner in which they are coordinated with other economic and social policies. It also requests the Government to provide updated detailed information, including concrete examples of the manner in which representatives of those affected by the measures to be taken are consulted and their views taken into account in the development, implementation and review of employment policies and programmes.