Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Japan (Ratification: 2002)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were received together with the Government’s report, as well as the observations of the National Confederation of Trade Unions (ZENROREN), received on 31 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee takes note of the detailed information provided by the Government on the tripartite meetings which took place between June 2018 and May 2021 in the tripartite ILO Panel on the matters covered by the Convention. It notes that tripartite consultations were held regarding the preparation of reports on the application of ratified Conventions for 2018 and 2019. With respect to consultations on unratified Conventions, the Government reports that tripartite discussions were held in 2018, 2019 and 2020 to consider the possibility of ratifying the Abolition of Forced Labour Convention, 1957 (No. 105), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Occupational Safety and Health Convention, 1981 (No. 155) and the Domestic Workers Convention, 2011 (No. 189). The Committee notes with interest the information provided by JTUC–RENGO in its observations, indicating that legislation for the ratification of Convention No. 105, a fundamental Convention, was adopted on 9 June 2021. JTUC–RENGO further observes that the Government should continue to make vigorous efforts, including continuing to hold tripartite discussions within the tripartite ILO Panel with the aim of ratifying Convention No. 111. JTUC–RENGO also indicates that a new Fifth Basic Plan for Gender Equality was adopted on 25 December 2020, to replace the Fourth Basic Plan, which had expired. JTUC–RENGO informs that, in addition to Convention No. 111, the Part-Time Work Convention, 1994 (No. 175), the Maternity Protection Convention, 2000 (No. 183) and Convention No. 189. The Basic Plan expressly refers to the Violence and Harassment Convention, 2019 (No. 190) and provides that specific measures will be implemented. The Basic Plan also stipulates that sustained efforts will be made to pursue the ratification of other Conventions that are closely related to gender equality, although the structures for implementation of specific measures, including participation by workers' and employers' organizations, remain unclear. In the context of the Committee’s prior comments regarding the improvement of tripartite consultations, ZENROREN observes that the transparency of tripartite consultation procedures is not ensured, as it was recently announced that the proceedings and the minutes of the ILO Panel would not be published and only a summary would be made public. ZENROREN adds that the present system of consultation, which allows only particular workers’ and employers’ organizations, does not meet the requirements of the Convention. The Committee further notes that, according to JTUC–RENGO, it is difficult to state that the current operational method of the ILO Panel is in conformity with the direction pursued by the Basic Plan, as no more than two unratified Conventions may be proposed by the social partners for discussion. JTUC–RENGO considers that the Government should consider establishing other forums for tripartite discussion regarding ILO Conventions relating to gender equality and other issues. The Committee requests the Government to continue to report on the measures taken to improve tripartite consultations on international labour standards as required under the Convention and to provide detailed information on the content and outcome of the consultations on all of the matters listed in Article 5(1) of the Convention, including consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular Conventions Nos 111, 175, 183, 189 and 190 (Article 5(1)(c)). The Committee also requests the Government to provide information on any developments relating to the possible ratification of Convention No. 105.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), as well as the observations of the Japan Business Federation (KEIDANREN), received on 14 September, together with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed summary provided by the Government of the tripartite meetings held between June 2015 and May 2018 in the tripartite ILO Panel on the matters covered by the Convention. In response to the Committee’s previous comments regarding efforts made to improve consultations, the Government indicates that, in the 28th ILO Panel held on 3 March 2017, the workers’ organization made a request that the ILO Panel be open to the public, that the frequency of meetings be increased and that the minutes be made public. The Government indicates that it expressed its view that making the ILO Panel open to the public could prevent free tripartite discussions, that merely increasing the number of meetings held might not allow sufficient time to prepare for discussions, being of the view that meeting twice yearly is adequate, and that releasing the minutes may prevent frank discussion. The Government nevertheless undertook to provide more detailed minutes in the future. In its observations, KEIDANREN shares the Government’s view and maintains that, in order for the discussions at the ILO Panel to remain effective and fruitful, the number of meetings held should not simply be increased and that moreover, its minutes should not be disclosed. The Committee also takes note of the information provided by the Government on the tripartite discussions held regarding preparation of reports on the application of ratified Conventions for 2015, 2016 and 2017. Regarding consultations on unratified Conventions, the Government indicates that it determines the Conventions to be discussed at the ILO Panel after considering the requests of employers’ and workers’ organizations and cooperating with the Ministries concerned to seriously examine challenges with respect to possible ratification. The Committee notes that specific tripartite consultations were held in 2016 and 2017 to consider the prospects of ratification of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Part-Time Work Convention, 1994 (No. 175), and the Maternity Protection Convention, 2000 (No. 183). JTUC–RENGO maintains that, although the ILO Panel has been convened periodically since 2003, there are still no prospects of ratifying the Abolition of Forced Labour Convention, 1957 (No. 105), and Convention No. 111, which are both fundamental Conventions. JTUC–RENGO adds that it has repeatedly called for the Government to identify domestic laws and regulations that require amendment, with an eye to the future ratification of unratified ILO Conventions. With regard to this point, JTUC–RENGO requests that the ILO Panel be provided with more complete information concerning what has been deliberated within the Government. In addition, JTUC–RENGO observes that “The Fourth Basic Plan for Gender Equality”, formulated by the Government in December 2015, refers to the commencement of specific deliberations with regard to Conventions Nos 111, 175, 183 and the Domestic Workers Convention, 2011 (No. 189), but does not specifically mention institutions to be involved in the deliberation, or the involvement of social partners. JTUC–RENGO maintains that the specific status of the consideration of ratification of these Conventions remains unclear and adds that it is difficult to make progress towards the ratifications, given that the ILO Panel only deliberates on a maximum of two Conventions each year. The Committee requests the Government to continue to report on the measures taken to improve tripartite consultations on international labour standards. It also requests the Government to continue to provide information on the content and outcome of the consultations on the matters listed in Article 5(1) of the Convention, including consultations held to re-examine the prospects of ratification of unratified ILO Conventions, specifically those identified by the social partners, namely Conventions Nos 105, 111, 175 and 189 (Article 5(1)(c)).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report. It also notes the information provided by the Government in reply to its previous request concerning Article 3 of the Convention on representation of the social partners in tripartite bodies.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government, including the minutes of the meetings of the national tripartite body established in accordance with the Convention, and the ILO Panel, held on 20 August 2014 and 9 April 2015. In its observations, the JTUC–RENGO refers to the General Survey concerning the tripartite consultation instruments, 2000, paragraph 29, in which the Committee indicated that for the consultations to be meaningful, they should not be merely a token gesture, but should be given serious consideration by the competent authority. The JTUC–RENGO indicates that it has repeatedly expressed concern in this regard at the ILO Panel. The JTUC–RENGO has requested that a government representative responsible for the relevant matter attend the Panel to ensure serious consideration by the Government, specifically to ensure that the Government replies appropriately to questions from the representatives of workers and employers, and that the Panel and its minutes be open to the public. The Government indicates that at a meeting held in August 2014 it expressed its opinion that making the ILO Panel open to the public may disturb free discussion and that merely increasing the number of meetings held may not allow sufficient time to prepare for discussion. Representatives of employers’ organizations agreed with this point. The Government further indicates that tripartite consultations will continue to be facilitated in the future and there will be discussions on improving the operation of the procedures taking into consideration the opinions of employers’ and workers’ organizations. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations concerning international labour standards, including the steps taken to improve the operation of procedures as well as consultations held at appropriate intervals to re examine unratified Conventions, specifically those that have been identified by the social partners.

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

Article 5 of the Convention. Effective tripartite consultation. The Committee notes the Government’s detailed report including observations made by the Japanese Trade Union Confederation (JTUC–RENGO) in October 2014. The Committee welcomes the detailed summary of the tripartite meetings held between August 2012 and April 2014. The JTUC–RENGO indicates that only a few unratified Conventions have been discussed in the tripartite meetings, including the Termination of Employment Convention, 1982 (No. 158), and the Part-Time Work Convention, 1994 (No. 175), at the April 2013 meeting; and the Holidays with Pay Convention (Revised), 1970 (No. 132), and the Occupational Safety and Health Convention, 1981 (No. 155), at the April 2014 meeting. It adds that there were no discussions concerning the unratified fundamental Conventions (the Abolition of Forced Labour Convention, 1957 (No. 105), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)). The JTUC–RENGO is of the view that a structural change in the consultations is needed to ensure that the unratified fundamental Conventions are discussed at every meeting. It also reiterates that tripartite consultations should be improved by publicizing the domestic laws and practices which should be amended and the discussions conducted thus far, as well as by increasing the frequency of the tripartite consultations. The Committee invites the Government and the social partners to continue to report on the measures taken to improve tripartite consultations on international labour standards. It also invites the Government to continue to provide information on the content and outcome of the consultations on the matters listed in Article 5(1) of the Convention, including consultations held to re-examine the abovementioned unratified Conventions (Article 5(1)(c)).

Article 3. Representation of the social partners. In reply to the issues raised by the National Confederation of Trade Unions (ZENROREN), the Government indicates that the workers’ representatives in the Labour Policy Council, the Central Minimum Wages Council and the Social Security Council are appointed by the Ministry of Health, Labour and Welfare, and the workers’ representatives in the Central Labour Relations Commission are appointed by the Prime Minister based on the recommendations made by trade unions. The Committee notes the Government’s indication that the representatives of workers on the ILO Panel, established in accordance with the Convention, are freely chosen by the most representative workers’ organizations. The Committee invites the Government to continue to provide information on the measures taken to select the most representative organizations of employers and workers in the tripartite bodies and consultations on international labour standards.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the Government’s detailed report on the application of the Convention for the period ending May 2012, which includes comments submitted by the Japanese Trade Union Confederation (JTUC–RENGO) in August 2012. The Committee welcomes the detailed summary of the tripartite meetings, held on 9 August and 8 September 2011 and 17 April 2012, on the matters covered by the Convention. JTUC–RENGO indicates that tripartite consultation based on Convention No. 144 has been held 18 times since 2003. It adds that through this tripartite consultation, however, no significant progress has been made by the Government towards the ratification of ILO Conventions, including core labour standards Conventions: the Abolition of Forced Labour Convention, 1957 (No. 105), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In order to push forward ratification, JTUC–RENGO urges the Government to enhance effectiveness of the tripartite consultations by officially clarifying all the domestic laws and practices which should be amended, or opening discussions in the tripartite consultation to the public, or increasing the frequency of the tripartite consultations. The Committee invites the Government and the social partners to continue to report on measures taken to promote or improve tripartite consultations on international labour standards, as required by Convention No. 144, and to provide information on matters listed in Article 5(1) of the Convention, including the outcome of consultations held to re-examine the prospects of ratification of unratified ILO Conventions and any follow-up thereto (Article 5(1)(c)).

Representation of the social partners. The Committee notes the comments received from the National Confederation of Trade Unions (ZENROREN) and forwarded to the Government in September 2012. ZENROREN believes that it is necessary that both JTUC–RENGO and ZENROREN are represented in government consultative bodies, so that these tripartite bodies correctly reflect the voice of Japanese workers. It adds that among these bodies, only one member from ZENROREN affiliates is nominated to the Central Labour Relations Commission out of 15 workers’ representatives. As for matters relating to international labour standards, ZENROREN indicates that consultative meetings are held once or twice a year and include representatives from the Government, and employers’ and workers’ representatives. It further states that it is excluded from these meetings and asks for this policy to change. The Committee invites the Government to provide information with respect to the issues raised by ZENROREN.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s detailed and comprehensive report on the application of the Convention for the period ending May 2007, which includes comments submitted by the Japanese Trade Union Confederation (JTUC–RENGO). The Committee once again welcomes the detailed summary of the tripartite meetings held on 12 September 2006 and 10 April 2007 on all the matters covered by the Convention. It further notes with interest that specific tripartite consultations have been held on the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006.

2. Article 5, paragraph 1(b) and (c), of the Convention. Submission to the Diet. Prospects for ratification. The Committee notes with interest that the ratification of Convention No. 187 was approved by the Diet on 15 June 2007 and its ratification was registered by the Office on 24 July 2007. It further notes the discussion that took place at the tripartite meeting held on 10 April 2007 with regard to the prospects for the ratification of Conventions Nos 105, 111 and 175. The Committee welcomes those developments and hopes that the Government and the social partners will continue their consultations in relation to the examination of unratified Conventions.

3. Article 5, paragraph 1(d). Reports on ratified Conventions. The JTUC–RENGO states that the Government’s report was presented to workers’ and employers’ organizations only on the afternoon of 31 August 2007. Tripartite consultations were conducted on 12 September 2007. The JTUC–RENGO again calls on the Government to consult workers’ and employers’ organizations on the reports far earlier so that there is sufficient time for their consideration. The Committee invites the Government and the social partners to hold more in‑depth tripartite consultations on questions arising out of the reports to be made on the application of ratified Conventions with a view to ensuring that copies of all the reports provided to the Office in pursuance of article 22 of the ILO Constitution are communicated to the representative organizations sufficiently in advance for their due consideration.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s detailed report on the application of the Convention for the period ending in May 2005. It welcomes the comprehensive information forwarded by the Government contained in the detailed summary of the tripartite meetings held on 1 September 2004 and 18 April 2005 on all the matters covered by the Convention. It further notes with interest that specific tripartite consultations are held under an outline for ILO maritime meetings established under a tripartite agreement between the Government, the employers and the workers. It would appreciate continuing to receive in future reports information on the activities of the ILO consultation meetings in relation to the matters covered by the Convention.

2. Consultations on perspectives of ratification. The Committee notes the comments of the Japanese Trade Union Confederation (JTUC-RENGO) included in the Government’s report, in which the trade union organization states that the Government has not provided adequate information regarding its position on various Conventions. JTUC-RENGO calls for improvement in identifying the domestic laws that might constitute obstacles with regard to the ratification of Conventions. The Committee notes that the Asbestos Convention, 1986 (No. 162), was ratified on 11 August 2005. It further notes the exchange of information and views that took place at the ILO consultation meetings held in 2004 and 2005 with regard to the ratification of two fundamental Conventions (the Abolition of Forced Labour Convention, 1957 (No. 105), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), as well as in relation to the Occupational Safety and Health Convention, 1981 (No. 155). The Committee refers to Article 5, paragraph 1(c), of the Convention, and invites the Government and the social partners to deepen tripartite consultations still further in relation with the examination of unratified Conventions. Please include in the Government’s next report further information on the measures envisaged to promote the implementation and ratification, as appropriate, of the abovementioned Conventions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report on the application of the Convention. It notes with interest the tripartite consultation meetings, which are held as agreed by the Government and the social partners, in accordance with the outline of the ILO consultation meeting and the agreement on the manner of tripartite consultation concerning ILO Convention No. 144. It also notes with interest the detailed summary of the meetings held on 27 August 2003 and 9 April 2004 on the matters covered by the Convention. It would be grateful if the Government would continue to provide information in its future reports on the activities of the ILO consultation meetings in relation to the matters covered by the Convention.