Labour Inspection Convention, 1947 (No. 81) - Japan (Ratification: 1953)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC-RENGO) communicated with the Government’s report.

Articles 3, 13 and 17 of the Convention. Activities of the labour inspectorate in the area of occupational safety and health (OSH). In reply to the previous comment of the Committee, the Government reiterates that inspection plans that accurately capture the workplace safety and health situations within the jurisdiction are formulated at each Labour Standards Inspection Office and efforts are being made to maximize and ensure the necessary volume of work on inspection, including by simplifying and rationalizing clerical work within the offices. The Committee notes the detailed information provided by the Government on the number of occupational fatalities and injuries for the period 2017-2020 by priority business type. According to this information, there were 845 fatalities in 2019 and 802 fatalities in 2020. For 2020, approximately 32 per cent of the fatal accidents were in the construction sector, followed by approximately 28 per cent in the tertiary industry (such as retail business, social welfare institutions and restaurants), approximately 17 per cent in manufacturing and almost 11 per cent in land transport. For 2019, the results of 117,827 regular inspections in these four sectors indicated a general violation rate of 70.9 per cent, with the violation rate for working hours being the highest, at 31.6 per cent, followed by the violation rate for physical examination at 28.9 per cent; and the violation rate of safety standards being at 24.6 per cent. For 2020, the results of 116,317 regular inspections indicated a general violation rate of 69.1 per cent, with the violation rate for safety standards increasing to 27.9 per cent, raising the highest concern among all types of violations. The overall number of casualties (four or more days absent from work) caused by industrial accidents that occurred in 2020 was 131,156 in all industries (including 6,041 from COVID-19 disease); this showed an increase of 5,545 from the previous year.

Regarding the orders issued pursuant to section 98 of the Industrial Safety and Health Act, the Government indicates that there are no dedicated statistics for orders based solely on this section. However, it provides information on orders about suspension of use taken by the director of the Labour Standards Inspection Offices, issued to prevent industrial accidents in cases where construction, dormitories, equipment, or raw materials in the workplaces violate standards concerning safety and health. In this respect, the Committee notes that there were 5,286 suspension-of-use orders issued in 2016, 5,444 orders in 2017, 5,090 orders in 2018 and 4,894 in 2019. In response to the previous Committee request, the Government indicates that in 2019, there were 333 cases prosecuted and, as of January 2021, of these cases, one was sentenced to imprisonment and 331 were fined. The Committee requests the Government to provide more detailed information on the measures taken to ensure that the service sector, the land transportation sector, the manufacturing sector and the construction sector are subject to an adequate number of effective inspections, including the specific measures taken to maximize and secure the necessary volume of work on inspection.Noting the persistent high general violation rate as well as the increased violation rate regarding safety standards and the increased number of casualties caused by industrial accidents, the Committee requests the Government to provide in its next report separate information on the number of violations of OSH provisions. The Committee further requests the Government to supply information on any preventive measures undertaken by labour inspectors specifically in the OSH area, including measures aiming to minimize risks of industrial accidents and cases of occupational diseases, specifying measures with immediate executory force, as well as sanctions imposed for violations detected.

Articles 3 and 18. Activities of the labour inspectorate related to hours of work. In reply to Committee’s previous comments, the Government indicates a series of measures taken to strengthen the enforcement of the legal provisions relating to hours of work. The Committee notes that in September 2016 the Government established the "Council for the Realization of Work Style Reform” with the participation of employers and workers, in December 2016, it developed the “Zero Deaths from Overwork Emergency Plan” and, in March 2017, it drew up an "Action Plan for Work Style Reform". Based on this plan, the Act on the Arrangement of Related Acts to Promote Work Style Reform, which includes measures for restrictions on the upper limit of overtime work, was enacted in June 2018. As part of the aforementioned initiatives the Government has implemented a series of measures of inspection and guidance for workplaces where long working hours are suspected to be taking place. According to the information provided by the Government, of the 32,981 workplaces where inspection and guidance were provided in 2019, corrective guidance on illegal overtime work was provided to 15,593 workplaces (about 47.3 per cent of the total). The Government indicates that total annual actual working hours have been on a downward trend, reaching 1,621 hours in 2020 and detected cases of violations referred to the Public Prosecutor’s Office pertaining to working hours steadily decreased from 96 in 2017, to 82 in 2018, and 56 in 2019. However, the Committee notes the information provided in the summaries of the annual labour inspection reports, according to which for 2016–2019, a high number of violations detected during periodic inspections conducted in each of the four years related to working hours. The JTUC-RENGO observes that strong calls are being made for strict supervision and guidance to ensure compliance with relevant regulations including restrictions on overtime work. Noting the persistent high violation rate related to working hours, the Committee requests the Government to continue to provide information on measures taken to strengthen the enforcement of the legal provisions relating to hours of work, including the enforcement of the new Act on the Arrangement of Related Acts to Promote Work Style Reform. In this respect, it requests the Government to provide information on the impact of the measures taken in the context of the “Zero Deaths from Overwork Emergency Plan" and the "Action Plan for Work Style Reform”. The Committee reiterates its request that the Government provide information on the number of cases relating to this subject in which the maximum statutory fine of 300,000 Japanese yen (US$3,000) was assessed and on the outcome of cases sent to the Public Prosecutor’s Office for judicial action (how often was a maximum fine paid, what outcomes as a result of judicial acts).

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee takes note of the summaries of the annual labour inspection reports from the years 2016-2020, submitted with the Government’s report, and containing information on statistics on inspection visits conducted per industry and types of inspections, violations detected as well as the types of judicial action taken following the detection of violations, cases of non-payment of wages, reported industrial accidents and fatalities and occupational diseases. While taking due note of this information, the Committee also notes that the labour inspection reports do not appear to include statistics on the number of workplaces liable to inspection and the number of workers employed therein (in accordance with Article 21(c)); and statistics of penalties imposed (Article 21(e)). The Committee requests the Government to continue to communicate copies of annual labour inspection reports and summaries. It requests once again that the Government ensures that annual labour inspection reports include statistics on the number of workplaces liable to inspection and the number of workers employed therein (in accordance with Article 21(c)); and statistics of penalties imposed (Article 21(e)).

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC-RENGO)communicated with the Government’s report. It also notes the observations of the National Confederation of Trade Unions (ZENROREN), received on 31 August 2021.

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decommissioning work and decontamination work with radioactive materials. The Committee takes note of the detailed information provided by the Government on the number of inspections carried out with respect to business operators engaged in decommissioning and decontamination work by the Fukushima Labour Bureau by 2019, and the number and nature of violations detected. In 2018 and 2019, the number of inspections for business operators increased in both decommissioning work (from 290 business operators to 325) and decontamination work (from 267 business operators to 338), while the percentage of those operators where violations were detected increased from approximately 53 per cent to 58 per cent in decommissioning work and increased from approximately 61 per cent to 67 per cent in decontamination work. The Committee notes the Government’s additional comment that figures for 2018 and 2019 on decontamination work are not strictly comparable.

The Committee further notes that the number of inspections of business operators engaged in decontamination works has decreased substantially over a longer period (from 1299 in 2015 to 338 in 2019). In addition, since the earthquake in 2011, five business operators engaged in decommissioning work and 17 business operators engaged in decontamination work have been referred to the Public Prosecutor's Office by the Fukushima Labour Bureau. Such cases included a failure to provide notification without delay of industrial accidents to the director of the competent Labour Standards Inspection Office, and a case where the operator exposed workers to machine-related dangers in the decontamination work. The Government provides information on the causes of the violations and the details of the guidance given to the business operators engaged in decommissioning work at Fukushima Daiichi Nuclear Power Station and decontamination work in the Fukushima Prefecture. The Government indicates that, regarding the health and safety-related measures at workplaces, the percentage of violation is low in workplaces engaged in decommissioning work and higher in workplaces engaged in decontamination work. The Government provides guidance to prevent similar violations from occurring once corrective action has been confirmed, noting that such guidance is an important measure to prevent exposure to ionizing radiation. With regard to health management-related violations, a certain number of workplaces engaged in decommissioning and decontamination work were found to be in violation of the requirement to monitor working hours in order to provide interview-guidance by doctors, an important measure to ensure the health of workers who work long hours. In addition, in many cases the submission of reports of ionizing radiation medical examination of radiation workers to the director of the Competent Labour Standards Inspection Office was neglected. The Government provides guidance to ensure that both requirements are met. With regard to labour management, the Government indicates that since there are many violations due to lack of understanding of laws and regulations, the contents of laws and regulations are carefully explained during supervision and guidance. The Government will continue to provide necessary guidance to business operators engaged in decommissioning work to ensure that safety and health measures are implemented in accordance with related laws and regulations. In addition, necessary guidance will be provided to intermediate storage facilities and operators carrying contaminated soil, with a focus on measures to prevent industrial accidents associated with work, as well as to operators carrying out decontamination work in Designated Site Areas for Reconstruction and Revitalization. The Committee requests the Government to continue to provide information on the causes of violations and the measures taken to secure the enforcement of applicable labour standardsin decommissioning and decontamination works, the number of inspections undertaken, as well as the number and nature of violations detected in these areas. It also requests the Government to provide information on the reasons for the substantial decrease of inspections of business operators engaged in decontamination works from 2015 to 2019. The Committee reiterates its request that the Government provide information on the number of anonymous complaints and how often these result in detection of violations. The Committee requests the Government to provide detailed information on the outcome of the five cases related to decommissioning work and the 17 cases relating to decontamination work referred to the Public Prosecutor’s Office, including the penalties applied.

Articles 10 and 16. Sufficient number of labour inspectors. In reply to the Committee’s previous request, the Government indicates that, as of March 2021, the number of labour standards inspectors increased by 90 from March 2017 to March 2021. The Committee notes that as of March 2021 there were 3,018 inspectors in total with 238 inspectors having been appointed in 2020 including 72 female inspectors. In this respect, the Government indicates that it aims to make the best efforts to ensure the number necessary to strengthen the Labour Standards Inspection Offices. The JTUC-RENGO highlights the importance of improving the system of labour standards supervisory organizations, including by increasing the number of labour standard inspectors even further to achieve continuous and active implementation of labour standards-related laws and regulations, including strict supervision and guidance to ensure compliance with relevant regulations restricting overtime work. The Committee notes that, although the Government reports an increase of labour standards inspectors, ZENROREN highlights the need for drastic expansion and improvement of the structure of labour administration’s set-up involved in inspections, including by increasing the number of inspectors, technical officers and clerical workers in the office in order to ensure and improve the inspectors’ working conditions. TheCommittee requests the Government to provide information on the specific measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate related to labour standards laws and regulations as well as other laws, and to continue to provide information on the number of labour inspectors, disaggregated by both prefecture and gender.

Article 18. Safety of labour inspectors. Obstruction in the performance of their duties. The Committee notes that according to ZENROREN, an opinion survey conducted by the All-Labour Ministry Workers’ Union (Zenrodo) on labour inspectors showed that more than half of the labour inspectors in Japan have at some point felt threatened or have experienced physical violence or intimidation. The respondents in their comments identified a series of incidents of violence most of which occur during inspection visits of business offices on short notice rather than when meeting business owners in the Labour Standards Inspection Office. ZENROREN is of the opinion that when inspectors feel threatened or suffer physical violence, they are obstructed in the performance of their duties. It indicates, that, while in the past, inspection was conducted in principle by one inspector alone, from 2019, in view of the need to ensure inspectors’ safety and to train younger inspectors, inspection is performed in teams. It highlights however the difficulties arising from the fact that some inspection offices have fewer than ten (some even only two inspectors) which makes it very difficult to send more than one inspector to a business establishment at a time. The Committee requests the Government to provide its comments in relation to the observations related to violence, harassment and other external pressure faced by labour inspectors. It requests the Government to provide detailed information on cases of aggression against labour inspection staff and on the judicial follow-up to such situations, and also to provide details of penalties imposed under this Article in cases of obstruction of labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the measures taken to ensure the safety of labour inspectors and the effective discharge of their duties in cases of obstruction.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 3, 13 and 17 of the Convention. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes the information provided by the Government, in response to its previous request, that in 2015, 972 workers died in occupational accidents (compared with 1,057 fatalities in 2014 and 1,030 fatalities in 2013). Approximately 34 per cent of the fatal accidents were in the construction sector, followed by approximately 25 per cent in tertiary industry (such as retail business, social welfare institutions and restaurants), approximately 17 per cent in manufacturing and almost 13 per cent in land transport. The results of over 118,000 regular inspections in these four sectors indicate violation rates of 62.5 per cent in construction and over 72 per cent in the three other sectors. The Government indicates that when violations of labour standards-related laws are acknowledged during inspections carried out by Labour Standards Inspection Offices, guidance for voluntary rectifications is given to the workplaces concerned. Cases of serious violations, such as violations that are not rectified despite repeated guidance, are referred to the Public Prosecutor’s Office. This included 560 cases in 2013, 628 cases in 2014, and 550 cases in 2015, related to violations of the Industrial Safety and Health Act. Moreover, the Government indicates that in the case of imminent danger to workers, orders are issued in accordance with section 98 of the Industrial Safety and Health Act to suspend work, suspend or alter the use of buildings, and take other necessary measures to prevent industrial accidents, but it does not provide information on the number of such orders issued, as previously requested by the Committee. The Government also provides information on measures taken in certain sectors, including the implementation of safety and health education for new business operators in the construction sector and the implementation of guidance and assistance activities by accident prevention organizations in manufacturing. The Committee requests the Government to pursue and strengthen its efforts to ensure that the services sector, the land transportation sector, the manufacturing sector and the construction sector are subject to an adequate number of effective inspections, and to continue to provide information on measures taken in this respect. It once again requests the Government to provide information on the number of orders issued pursuant to section 98 of the Industrial Safety and Health Act in the case of imminent danger to workers. Noting the information provided by the Government on the number of violations of the Industrial Safety and Health Act sent to the Public Prosecutor’s Office to seek judicial action, the Committee requests the Government to provide information on the outcome of these cases, including the number and nature of sanctions imposed for violations detected relating to occupational safety and health.

Articles 3 and 18. Activities of the labour inspectorate related to hours of work. The Committee notes the indication of the Japanese Trade Union Confederation (JTUC–RENGO), in its observations submitted in 2017, that the Ministry of Health, Labour and Welfare has been working to reinforce its supervisory and inspection systems by developing a priority supervision system and establishing a special team to strengthen enforcement of regulations aimed at reducing excessive work-hours. The JTUC–RENGO indicates that such measures to strengthen enforcement must be promoted continuously and proactively, as a prerequisite for regulations that set limits on overtime hours and specify penalties for non-compliance. The JTUC–RENGO further indicates that supervision and guidance is needed for employers who have their employees perform overtime and holiday work. The Committee notes in this respect the information provided by the Government that for 2011–15, the greatest number of violations detected during periodic inspections conducted in each of the five years related to working hours (constituting over 30 per cent of violations detected). The Committee requests the Government to continue to provide information on measures taken to strengthen the enforcement of the legal provisions relating to hours of work, and to provide information on the number of cases relating to this subject in which the maximum statutory fine of 300,000 Japanese yen (US$3,000) was assessed and the number of cases sent to the Public Prosecutor’s Office for judicial action, as well as the outcome of these cases (how often was a maximum fine paid, what outcomes as a result of judicial acts).

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. Following its previous request, the Committee notes with interest the submission of the annual labour inspection reports for the years 2014 and 2015. It also welcomes the summaries of the annual labour inspection reports from the years 2011 and 2015, submitted with the Government’s report, and containing information on the staff of the labour inspection service; statistics on inspection visits, violations and the number of cases sent to the Public Prosecutor’s Office, industrial accidents and occupational diseases. The Committee requests the Government to continue to communicate copies of annual labour inspection reports and summaries, and to ensure that they include statistics on the number of workplaces liable to inspection and the number of workers employed therein (in accordance with Article 21(c)); and statistics of penalties imposed (Article 21(e)).

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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) submitted with the Government’s report, the latter of which were also sent in a joint communication with the International Organisation of Employers (IOE).

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decommissioning work and decontamination work with radioactive materials. The Committee takes due note of the information provided by the Government, in its report in response to the Committee’s previous request, that the rate of violations detected in inspections in the Fukushima prefecture related to decontamination and decommissioning works has declined since 2013. In 2014 and 2015, the number of business operators subject to inspections increased in both decommissioning work (from 226 business operators to 309) and decontamination work (from 1,152 business operators to 1,299), while the percentage of those operators where violations were detected decreased, from approximately 60 per cent to 54 per cent in decommissioning work and from approximately 67 per cent to 65 per cent in decontamination work. The Government states that in workplaces where violations are acknowledged, measures are taken that are necessary for ensuring the working conditions provided for in labour standards and for the safety and health of workers. The Government indicates that business operators who acknowledged committing these violations were given guidance for rectification and many of them had already made rectifications. The Government further indicates that since the earthquake in 2011, four business operators engaged in decommissioning work and ten business operators engaged in decontamination work had been referred to the Public Prosecutor’s Office by the Fukushima Labour Bureau including a case of covering dosimeters with lead covers to disable dose verification and a case of failure to provide notification of industrial accidents, without delay, to the Chief of the Labour Standards Inspection Office. Regarding the disabling of dosimeters, the Committee notes the information provided by the Government in its report on the Radiation Protection Convention, 1960 (No. 115), concerning the measures taken to prevent subsequent violations, including requiring the undertaking of a survey on the actual status of radiation dose management at the Fukushima Daiichi Nuclear Power Station, and measures to verify if there are inconsistencies by requiring workers to wear glass badges and audible alarm personal dosimeters. These measures are verified by the Labour Standards Inspection Office and workers engaged in decommissioning work are surveyed on a regular basis to enable anonymous complaints on inappropriate radiation dose measurements.

The Committee notes the statement by the JTUC–RENGO that the incidence of violations related to decommissioning work of the Fukushima Daiichi Nuclear Power Station has been increasing, and that there are many business operators who are operating in violation of regulations. It further indicates that it is necessary to further strengthen guidance and supervision with respect to violations of labour regulations. With reference to its comment on Convention No. 115, and noting that inspectors continue to detect violations in the majority of inspections undertaken with respect to both decommissioning and decontamination work, the Committee urges the Government to indicate the causes of the violations and to strengthen its efforts to secure the enforcement of applicable labour standards in those areas. It requests the Government to continue to provide information on the number of inspections undertaken with respect to decommissioning and decontamination works, the number and nature of violations detected, the number of anonymous complaints and how often these result in detection of violations, and the number of cases referred to the Public Prosecutor’s Office. It further requests the Government to provide detailed information on the outcome of the 14 cases relating to decontamination work referred to the Public Prosecutor’s Office, including the specific penalties applied.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee previously noted that while the number of labour inspectors had decreased between 2011 and 2013, the policy of reducing the number of new recruits (instituted in 2011) had been reversed in 2014.

The Committee notes the statement of NIPPON KEIDANREN that Labour Standards Inspection Offices exert their best efforts to strengthen supervision and that they must monitor in a more efficient and cost-effective manner. The Committee also notes the indication of the JTUC–RENGO that the Labour Standards Inspection Offices must be reinforced by securing adequate numbers of labour standards inspectors to ensure the efficacy of labour standards-related regulations over the long term.

The Committee notes the Government’s indication that efforts have been made to ensure that there is the necessary number of inspectors to strengthen the Labour Standards Inspection Offices, and that these efforts will continue. In this respect, it notes with interest the Government’s indication that as of March 2017, there were 4,002 inspectors (up 54 from 2014, and higher than the number of inspectors previously noted over the 2011–14 period). It notes that 212 inspectors were appointed in 2016, including 61 female inspectors, a greater number than recruited each year since 2010. The Government further indicates that, in order to carry out effective inspections of workplaces, inspection plans have been formulated by each Labour Standards Inspection Office and efforts are being made to maximize the volume of inspections by simplifying and rationalizing clerical work within the agencies. The Government indicates that efforts will continue to be made to secure the number of labour standards inspectors and efficiently carry out inspection. The Committee notes in this respect a slight decrease in the number of inspections undertaken, from more than 178,000 inspections undertaken in 2013 (and between 173,000 and 176,000 in 2011 and 2012) to 170,000 inspections undertaken in 2015, including fewer periodic inspections. Taking due note of the measures undertaken by the Government, the Committee requests the Government to continue to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the number of labour inspectors, disaggregated by both prefecture and gender.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report.

Articles 3, 13 and 17 of the Convention. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes the information provided by the Government on the 12th Industrial Accident Prevention Plan, including information on activities undertaken by labour inspectors to prevent occupational accidents in the services sector, the land transportation sector, the manufacturing sector and the construction sector. This included awareness-raising campaigns on OSH issues, the dissemination of specific guidelines, and the provision of specific supervision, instruction and guidance focused on accident prevention. The Government indicates that regular on-site inspections are undertaken at companies where occupational accidents have occurred and, based on the outcome, inspectors provide guidance on the corrective measures to be taken, and also request the submission of a prevention measures plan to prevent similar accidents and improve the level of safety and health at those companies.

The Committee notes the statement of the JTUC–RENGO that implementing maximum efforts for the 12th Industrial Accident Prevention Plan will lead directly to the protection of workers’ lives and health, and that there is a need to secure the appropriate number of labour inspectors to carry out this important work. Noting the information provided by the Government concerning the number of accidents causing injury and fatal accidents in the four sectors identified above, the Committee requests the Government to pursue its efforts to ensure that those sectors are inspected effectively, including by ensuring that there is a sufficient number of inspectors to perform this work. It requests that the Government provide statistical data on inspection visits in those sectors and the outcomes of these inspections. In this respect, it requests the Government to provide information on preventive measures undertaken with a view to remedying defects observed which might constitute a threat to the health or safety of the workers, including measures with immediate executory force, as well as sanctions imposed for violations detected.

Articles 5(b) and 11. Reorganization of the labour standards inspection office. The Committee previously noted that, following a reorganization, the Government had reduced the number of labour standards inspection offices throughout the country. It noted the opposition expressed by the JTUC–RENGO and the National Confederation of Trade Unions (ZENROREN) to this reduction. Noting the Government’s indication that it had undertaken consultations with the social partners on the reorganization of inspection offices, the Committee requested information on the outcome of those consultations.

The Committee notes the Government’s statement that consultation of regional workers’ and employers’ organizations concerning this reorganization were undertaken where necessary, but notes again an absence of more specific information. The Committee also notes the Government’s statement that no significant reorganization has been undertaken since 2008. The Government indicates that the labour standards inspection office has 321 branches and four sub-branches, determination of which is based on the number of businesses, workers and conditions of transportation per region. The Committee requests the Government to provide information on the measures taken to ensure that these branches are suitably equipped in order to effectively perform the functions of labour inspection. It also requests the Government to provide more detailed information on any consultations undertaken with the social partners with respect to the organization of the labour standards inspection office throughout the country and their outcome.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes the Government’s statement that when the labour standards inspection office carries out an inspection, the relevant information (the date, workplace name and subject of the inspection) is recorded in the labour standards administrative information system. Information previously recorded is utilized during inspections and can provide guidance to inspectors. The information in the labour standards administrative information system is also used when drafting the annual labour standards inspection report. Noting that the Government has not submitted an annual labour standards inspection report since 2011, the Committee requests the Government to ensure that these reports are regularly communicated, in accordance with Article 20(3) of the Convention, and that such reports contain all information outlined in Article 21(a)–(g).

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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) submitted with the Government’s report.

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decontamination work with radioactive materials. The Committee notes the observations of the JTUC–RENGO regarding the decommissioning of the Fukushima Daiichi Nuclear Power Station, indicating that employers must implement complete protective measures for workers, and that the Government must enhance supervision, monitoring and support for the carrying out of those measures.

The Committee notes the information provided by the Government on the monitoring of the workers’ radiation exposure dose and, in this regard, refers to its comments made under the Radiation Protection Convention, 1960 (No. 115). The Committee also notes the Government’s indication that compliance with laws and regulations is ensured through periodic on-site inspections and guidance, which have been undertaken at least once a month. The Government also indicates that for any work which may involve exposure of more than 1 mSv/day, employers are required to submit a workplan to the labour standards inspection office, and labour inspectors check whether workers use appropriate personal protective equipment as well as provide guidance with respect to the reduction of radiation exposure. The Government further refers to information on the website of the Ministry of Health, Labour and Welfare related to the results of the supervision of employers of decontamination works. This information indicates that the labour standards inspection office within the Fukushima Prefecture undertook supervision of 1,047 employers performing such works in 2013, and 1,152 employers in 2014. Violations of labour standards laws and regulations were detected with respect to 67.7 per cent of employers in 2013 and 70 per cent of employers in 2014. These violations concerned violations of the Labour Standards Act related to wages, working time and the preparation of a roster of workers, as well as violations of the Industrial Safety and Health Act and the Ordinance on the prevention of ionizing radiation hazards for decontamination and related works, related to safety and health, preliminary surveys, use of protective equipment and radiation exposure dose monitoring. Noting that the percentage of violations detected increased from 2013 to 2014, the Committee requests the Government to provide information on the actions taken by employers as a result of advice and instructions given by the labour inspectors. It also requests the Government to provide information on the number and nature of penalties applied as a result of these inspections, and to continue to provide information on inspections undertaken with respect to decontamination works, including the number of these inspections, and the number and nature of violations detected.

Articles 10 and 16. Reduction in the number of newly recruited labour inspectors. The Committee previously noted the comments by the JTUC–RENGO and the National Confederation of Trade Unions (ZENROREN) on the inadequate number of labour inspectors, indicating that in the context of the increased number of industrial accidents between 2009 and 2012, it was essential to maintain an adequate number of labour inspectors, even if there is a situation of tight financial conditions.

The Committee notes the Government’s statement that the number of labour inspectors decreased between 2011 and 2013. However, the number of inspections undertaken in 2011 to 2013 increased (from 132,829 inspections in 2011 to 140,499 in 2013), in spite of the reduction of inspectors. The Government also indicates that the number of cases referred by the inspectorate to the public prosecutor’s office remained relatively stable, demonstrating that the decrease in the number of new hires did not have an impact, and the labour inspectorate continued to function effectively. The Committee welcomes the Government’s indication that the policy of reducing the number of new recruits (instituted in 2011) was changed in 2014, and that 210 new labour inspectors were subsequently recruited in both 2014 and 2015.

The Committee notes the statement of NIPPON KEIDANREN that it values the efforts of the labour standards inspection office, despite the small number of inspectors. In spite of a downward trend in the number of inspectors, inspectors fulfil their role of supervising and providing guidance. Increasing the number of inspectors should not be a goal, and the number of inspectors should be determined with consideration of effectiveness, budget constraints and human resource development. The Committee also notes the statement of the JTUC–RENGO that while the policy on reducing the number of new recruits has changed, the number of staff of the Ministry of Health, Labour and Welfare continued to decrease, which has resulted in labour inspectors undertaking more administrative work. The Committee also notes the statement of the JTUC–RENGO, submitted with the Government’s report under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the number of labour inspectors is too low in comparison with the number of workers in the country, and that the number of inspectors must be increased.

The Committee recalls that Article 10 of the Convention provides that the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate, and that Article 16 provides that workplaces shall be inspected as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the Government’s indication concerning the recruitment of new labour inspectors in 2014 and 2015, the Committee requests the Government to continue to take measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the number of labour inspectors, disaggregated by both prefecture and gender. It also requests the Government to provide information on the measures taken to ensure that, in light of the increase in the number of inspections despite a decrease in the number of inspectors, workplace inspections are undertaken as thoroughly as is necessary.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(1)(b), 5, 13, 14, 16 and 17 of the Convention. 1. Preventive activities of the labour inspectorate, collaboration with workers’ and employers’ organizations and programming of inspections. The Committee notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) in its communication attached to the Government’s report, and following the trade union’s previous allegations of inadequacy of the preventive activities by the labour inspectorate. The JTUC–RENGO refers to the need, in view of the increasing number of industrial accidents between 2009 (105,718 cases) and 2012 (117,958 cases), to design preventive measures against industrial accidents that are more closely linked to the actual conditions in workplaces, with greater consultation of representatives of employers’ and workers’ organizations.

It notes that the Government, in response to the previous comments by the JTUC–RENGO, once again refers to the preventive activities conducted in collaboration with the Industrial Injury Prevention Organization, including the specialized support provided to small and medium-sized enterprises (SMEs), but that it has not provided any details in this regard. It further notes that the Government reiterates that the incidence of industrial accidents (which employers are required to notify to the labour standards inspection offices (LSIO) in accordance with section 97 of the Ordinance on Industrial Safety and Health) is analysed by the LSIO in order to target inspections and direct guidance towards specific workplaces. It also notes the explanations provided by the Government according to which the reason for the significant decrease in the number of reported industrial accidents between 2008 and 2009 was due to a drop in production levels as a result of the global economic crisis and that in 2010, production had recovered, which explains the renewed increase of industrial accidents in 2010. The Committee also notes the information on the number of industrial accidents and corrective measures ordered, including the information relating to the construction and manufacturing industry in this regard.

The Committee once again asks the Government to provide details on the technical information and advice provided to SMEs in the field of accident prevention in collaboration with the Industrial Injury Prevention Organization (Articles 3(1)(b) and 5(a)).

Please also provide details on any other preventive activities carried out by the labour inspectorate during the period covered by the Government’s next report. In this regard, it asks the Government to provide data that is as detailed as possible, including disaggregated data by sector on the various categories of industrial accidents reported, the findings of investigations carried out following industrial accidents, and any measures taken or recommended by labour inspectors to minimize risks, prevent the recurrence of similar incidents and sanction labour law violations (Articles 13, 14 and 17).

2. Expert groups on safety, health and industrial relations. Further to its previous comments, the Committee notes the explanations by the Government with regard to the expert groups on safety, health and industrial relations established at the level of the prefectural labour offices. According to the Government, these expert groups are composed of consultants and medical doctors (specializing in risk assessments, occupational diseases including mental health issues, etc.) and are appointed, usually in equal numbers, on the recommendation of employers’ and workers’ organizations. They are considered to be more efficient and effective than the former system of industrial accident prevention instructors, in the light of national budget cuts and the pressure for greater efficiency. The Government reiterates that the mandate of these expert groups consists of providing opinions and advice to the prefectural labour offices on preventive measures against industrial accidents and the maintenance and promotion of workers’ health. It adds that, on average, meetings are held twice a year. Referring to its previous comments, in which it noted the Government’s indications that it was in the process of establishing a budget for the activities of the expert groups on occupational safety and health and industrial relations, the Committee asks the Government to indicate the budgetary and material resources allocated. Please also provide information on the activities conducted by the expert groups during the period covered by the Government’s next report and provide copies of all relevant texts or documents, if possible in one of the working languages of the ILO.

Articles 5(a), 17, 18, 20 and 21. Compilation of information on workplaces. In its previous observation, the Committee noted with interest that the LSIO use the Labour Standards Administrative Information System (LSAIS) to process information gathered from several sources on workplaces and on labour law compliance. The Committee notes with interest that the Government indicates, in its current report, that the results of the cases submitted to the public prosecutor’s office and brought to court are recorded in the LSAIS. Noting that the Government has not provided a reply in relation to its previous question in this regard, the Committee once again asks the Government to provide information on the operation of the LSAIS, more detailed information on the type of information it includes, and the possible use made of the information contained in this system for the elaboration and publication of the annual labour inspection report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) dated 23 August 2013 and attached to the Government’s report, which was received on 30 September 2013.

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decontamination work with radioactive materials (“emergency workers”) at the Fukushima Daiichi Nuclear Power Plant. In response to its previous request on mid- and long-term measures by the labour inspectorate in relation to workers engaged in emergency operations, the Committee notes the Government’s indications that the Ministry of Health, Labour and Welfare (MHLW) provides guidance to employers on the appropriate monitoring by employers of exposure to radiation. The Guidelines on Maintaining and Improving Health of Emergency Workers at the TEPCO Fukushima Daiichi Nuclear Power Plant, available on the website of the MHLW recommend, for example, medical examinations based on the level of radiation exposure of workers. The Government reiterates that a database has been set up at the MHLW, which includes information on exposure doses and the results of medical examinations of emergency workers, and should provide a basis for long-term health-care measures, including after workers have ceased to be engaged in decontamination work. The Committee also notes that the Government refers to “corrective recommendations” and the imposition of sanctions by the labour standards inspection offices (LSIO) where employers fail to comply with their monthly reporting obligation on the radiation exposure of emergency workers. The Committee further notes that the copy of the Ordinance on the Prevention of Ionizing Radiation Hazards pertaining to Work for the Decontamination of Soil Contaminated by Radioactivity as a result of the Great East Japan Earthquake attached to the Government’s report, provides for the obligation of employers to take certain protective measures (the obligation not to exceed the exposure of workers to certain doses of radiation, regular medical examinations, the provision of specific training and protective clothing to workers, etc.).

The Committee notes that the JTUC–RENGO follows up on its previous comments and expresses growing concern at the increased risks of medium- to long-term health problems of workers caused by exposure to radiation. In this regard, the trade union recalls that the radiation exposure doses for 452 workers were recorded incorrectly in the past, with the actual exposure exceeding that recorded (in relation to six workers, the exposure to radiation was even higher than the maximum permitted dose of 100 milisieverts (mSv)).

While the JTUC–RENGO refers to a relevant report by the Government in relation to the above events, which found that “guidance on measures to provide for adequate exposure doses was repeatedly provided”, the trade union calls for the implementation of more thorough measures, including for the period after workers cease to be engaged in decontamination work. It emphasizes that it is essential to ensure the effective supervision and monitoring of measures for the protection of workers by the nuclear operator, which should include: training on radiation risks prior to the engagement of workers in decontamination work; arrangements for a safe work environment and the management of radiation exposure doses and the prevention of mental health problems of workers. The Committee asks the Government to make any comments it deems appropriate in relation to the observations made by the JTUC–RENGO.

The Committee would be grateful if the Government would provide detailed information on the supervision of the application of occupational safety and health laws, including the “Ordinance on the Prevention of Ionizing Radiation Hazards pertaining to Work for the Decontamination of Soil Contaminated by Radioactivity as a result of the Great East Japan Earthquake”, and provide relevant statistics (number and frequency of on-site inspections, number of cases of non-observance of the relevant laws and legal provisions to which they relate, sanctions imposed, etc.).

The Committee also asks the Government to provide more detailed information in relation to the mid- to long-term measures taken by the labour inspection in order to monitor the exposure to radiation of the workers involved in the emergency operations at the Fukushima Daiichi Nuclear Power Plant as well as any action taken by the operator as a result of advice and instructions given by the labour inspectors.

Articles 5(b), 6, 10, 11 and 16. Reorganization of the LSIO and reduction in the number of newly recruited labour inspectors. Status and conditions of service of labour inspectors. 1. Reorganization of inspection offices. The Committee notes the Government’s reply to its previous comments on the reduction in the number of LSIOs throughout the country following a reorganization, to which the JTUC–RENGO and National Confederation of Trade Unions (ZENROREN) expressed their opposition. The Committee understands from the Government’s explanations that criteria for the selection of offices subject to reorganization include “changing demands on administrative bodies”, that is an increase or decrease in the number of workers covered by inspection and transport needs, and that the opinions of the management and staff of the LSIO in the regions are carefully being taken into account in the framework of these reforms. The Committee also notes that the Government does not provide any information on the outcome of the consultations held with the social partners on the reorganization, which the Government referred to in its previous report. The Committee therefore once again requests the Government to provide details on the outcome of the consultations held with the social partners on the reorganization of inspection offices. It also requests the Government to indicate the changes in the organization of the labour inspection system following the reform, including information on the number and accessibility of labour offices throughout the territorial structures and their equipment (Article 11 of the Convention), as well as more generally on the effective functioning of the labour inspection system.

2. Reduction in the number of newly recruited labour inspectors. Following the previous comments by the JTUC–RENGO and ZENROREN on the inadequate number of labour inspectors in relation to the high number of workplaces covered by the labour inspection system, the Committee notes the recent observations made by the JTUC–RENGO according to which, in the context of the increased number of industrial accidents between 2009 (105,718 cases) and 2012 (117,958 cases), it is essential for the effectiveness of enforcement of labour standards to maintain an adequate number of labour inspectors, in so far as possible, even in a situation of tight financial conditions.

The Committee notes the Government’s explanations concerning the cabinet decisions noted in its previous observation, which concerned government staffing in the light of budgetary constraints. The Committee notes that the Government indicates that to reduce labour costs, decisions have been taken to raise the retirement age of public employees and to reduce the number of new recruits. Recalling the Government’s indications that the decisions included a reduction in the number of newly employed labour inspectors to around half of those recruited in 2009, the Committee notes that the number of new recruits was 216 in 2009, 177 in 2010, 76 in 2011 and 101 in 2012. In relation to the reappointment of retired public officials to mitigate the adverse effects of this reduction, the Committee notes the Government’s indications that such reappointments will further increase until the changes in the pensionable age take full effect. The Committee also notes that measures to reduce labour costs include the termination of the so-called “ceiling system”.

The Committee notes that the Government reiterates that efforts are being made to maintain a sufficient number of labour inspectors to ensure the effectiveness of labour inspection. In this regard, it notes the Government’s indications that the number of labour inspectors was 3,979 in 2011 and 3,961 in 2012; that the number of labour inspections was 100,535 in 2009, 128,959 in 2010 and 132,829 in 2011; and that the number of cases submitted to the public prosecutor’s office was 1,110 in 2009, 1,157 in 2010 and 1,064 in 2011. The Committee requests the Government to continue to provide information on the impact of the recent reduction in the number of newly recruited inspectors, both from the viewpoint of budgetary resources and the effectiveness of the labour inspection functions.

The Committee once again requests the Government to specify whether the reform has had or will have any impact on the status and conditions of service (such as wage levels) of labour inspectors and where applicable, to provide relevant legislative texts or extracts thereof, if possible, in one of the working languages of the Office. In this regard, it asks the Government to provide further explanations of the “ceiling system” and the reasons for its abolition, as referred to in the Government’s report.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) in communications dated 2 September 2010 and 26 August 2011 and by the National Confederation of Trade Unions (ZENROREN) in a communication dated 28 September 2010, as well as the Government’s reply to all the above.

Articles 3(1)(b), 5, 13, 14, 16 and 17 of the Convention. Preventive activities of labour inspectors, collaboration with workers’ and employers’ organizations and programming of inspections. The Committee notes that in its comments, the JTUC–RENGO deems the existing preventive activities of the labour inspectorate inadequate and indicates that it has requested the Government within the tripartite Labour Conditions Panel to adopt further regulatory measures that ensure compliance with labour standards and prevent industrial accidents. The JTUC–RENGO also objects to the replacement of the system of industrial accident prevention instructors by a group of experts on safety, health and industrial relations established at the level of prefectural labour offices at the end of the financial year 2010. In its 2011 comments, the JTUC–RENGO claims that the system has yet to be provided with adequate budgetary and material resources.

In its reply to the comments, the Government refers to awareness-raising activities such as the dissemination of pamphlets on national labour standards, including on the revised Industrial Safety and Health Law, and to activities conducted in collaboration with the Industrial Injury Prevention Organization including specialized support provided to small and medium enterprises. The Government further indicates that the incidence of industrial accidents and related workers’ reports are subject to an analysis by the Labour Standards Inspection Organization in order to target inspections and direct guidance for specific workplaces. Inspections are programmed on the basis of a circular, the “Local Administrative Operation Plan” that identifies priority sectors and issues that have to be considered.

With regard to the replacement of the system of industrial accident prevention instructors, the Government indicates that the Ministry has established the Industrial Safety and Health Experts Conference of Labour and Management, operating at the level of Prefectural Labour Offices, which consists of experts who are familiar with the state of worksites and occupational safety and health (OSH) matters, for more effective and efficient administration of OSH-related policies. The Ministry will hear the experts’ opinions on preventive measures against industrial accidents, measures of maintenance and promotion of workers’ health, etc., so that the Conference will be able to take action to achieve its objectives. At the same time, the Ministry will hear the opinions of labour and management organizations for more effective OSH activities. The Government also indicates that it is in the process of setting up a budget for the activities of the Conference.

In this context the Committee notes from the annual inspection reports for 2009 and 2010 that the number of reported casualties increased in 2010 compared to 2009 (by 2,041 workers), whereas in 2009, the number of reported casualties had significantly decreased (by 13,573 workers) compared to casualties reported in 2008. At the same time, the average number of on-site inspections carried out per labour standards inspector increased from 37 inspections in 2009 to 43 inspections in 2011.

The Committee requests the Government to elaborate on the reasons for the reform of the industrial accident prevention system and the composition, structure, mandate and activities of the Conference as well as its impact from the point of view of prevention of industrial accidents (Articles 3(1)(b) and 13). It also requests the Government to indicate how the social partners participate in the activities of the Conference (Article 5(b)).

The Committee asks the Government to provide details on the technical information and advice provided to small and medium enterprises in the field of accident prevention in collaboration with the Industrial Injury Prevention Organization (Articles 3(1)(b) and 5(a)).

The Committee requests the Government to provide information on the follow-up to the concerns expressed by the JTUC–RENGO within the tripartite Labour Conditions Panel as to the effectiveness of preventive activities.

The Committee would be grateful if the Government would provide more information on the manner in which data on industrial accidents are collected as well as any explanations for the fluctuations in these data between 2009 and 2010 (Article 14).

The Committee requests the Government to provide disaggregated data by sector on the various categories of casualties reported, the findings of investigations carried out following industrial accidents, and any measures taken or recommended by labour inspectors to minimize risks, prevent the recurrence of similar incidents and punish any parties guilty of labour law violations (Articles 13, 14 and 17).

It would also be grateful if the Government would describe how data on industrial accidents are introduced into the inspection planning process in accordance with the Local Administrative Operation Plan as indicated by the Government (Article 16).

Article 13. Preventive measures including orders with immediate executory force vis-à-vis the emergency operation of the Nuclear Power Plant Fukushima 1. The Committee notes that the JTUC–RENGO expresses concerns about the working conditions of the workers involved in the emergency operations at the Nuclear Power Plant Fukushima 1 and underlines the lack of mid- to long-term measures to monitor their exposure to radiation and the need for surveillance from the administration and for preventive measures to be taken by the nuclear operator. The Committee notes from the Government’s reply that an on-site survey had been conducted on the plant and that the nuclear operator Tokyo Electric Power Company (TEPCO) was instructed to take measurements of radiation doses, to take corrective measures with a view to complying with the radiation dose limits applicable to emergency workers and to fully enforce preventive measures against heat stroke. It moreover notes that a database for the long-term tracking of the exposure dose and its health effect on workers engaged in emergency works was being set up. The Government also indicates that it took measures under the lead of the “Office on Countermeasures for Health of Workers at TEPCO Fukushima 1 Nuclear Power Plant”, which has been set up within the Ministry of Health, Labour and Welfare. The Committee would be grateful if the Government would provide further information in relation to the mid- to long-term measures taken by the labour inspection in order to monitor the exposure to radiation of the workers involved in the emergency operations at the Nuclear Power Plant Fukushima 1 as well as any follow-up by the operator on advice and instructions given by the labour standards inspectors.

In view of the serious and urgent nature of the matter, the Committee would appreciate information on the measures taken under the lead of the Office on Countermeasures for Health of Workers at TEPCO Fukushima 1 Nuclear Power Plant for the supervision of the application of laws on safety and health of workers.

Articles 5(b), 6, 10, 11 and 16. Reorganization of labour standards inspection offices and reduction in the number of newly recruited labour inspectors. Status and conditions of service of labour inspectors.

Reorganization of inspection offices. The Committee notes the Government’s reply to its previous comments in relation to the reduction of the number of labour standards inspection offices throughout the country following a reorganization. According to the Government, consultations on specific plans for this reorganization had taken place with the social partners within the tripartite Labour Policy Council, and with the workers and employers of the regions affected by the reorganization. Elements taken into account in the framework of the reorganization included “changing demands for administrative bodies” and transport considerations when selecting the offices subject to reorganization. The Committee notes that JTUC–RENGO and ZENROREN expressed their opposition to the restructuring in their 2010 comments. The Committee requests the Government to provide details on the outcome of the consultations which took place with the social partners on the reorganization of inspection offices and to indicate the specific factors taken into consideration in this framework, including clarifications as to the “changing demands for administrative bodies” mentioned by the Government. It also requests the Government to indicate the impact of the reorganization on the application of Article 11 of the Convention, according to which the labour inspectorate should have accessible local offices, and on the effective functioning of the labour inspection system more generally.

Reduction in the number of newly recruited labour inspectors. The Committee notes that JTUC–RENGO and ZENROREN refer to the inadequate number of labour inspectors in relation to the high number of workplaces covered by the labour inspection system. The JTUC–RENGO and ZENROREN indicate that the Government decided in 2010 to reduce the annual recruitment of government officials and that, consequently, the number of labour standard inspectors’ recruits was reduced from 216 in 2009 to 177 in 2010. This information was confirmed by the Government in its report of 2011. The Government indicated that a cabinet decision had been issued in order to reduce the number of newly employed labour standards inspectors to around half of those recruited in 2009. In order to mitigate the adverse effects of this reduction and avoid any regression in terms of labour inspection administration and labour standards enforcement, the reappointment of mandatorily retired ex-public officers had been allowed on a full-time or part-time basis. The JTUC–RENGO criticizes this measure and underlines the need for long-term planning in order to maintain the effectiveness of labour law enforcement through new recruitments rather than the re-employment of retired inspectors.

Referring to paragraph 174 of its 2006 General Survey on labour inspection, the Committee wishes to highlight that although it is aware of the severe budgetary restrictions governments often face, the number of labour inspectors should be sufficient to secure the effective discharge of the important duties of the inspectorate, taking into account the number, nature, size and situation of the workplaces liable to inspection, the number and range of categories of workers employed in such undertakings, and the number and the complexity of legal provisions to be enforced. It notes in this regard the wide scope of application of the Labour Standards Law, as set out in its section 8, including in sectors such as mining and electricity generation, which are by nature prone to OSH risks and even major hazards. It also observes that section 2 of the Industrial Safety and Health Law has the same wide scope of application as the Labour Standards Law. The Committee requests the Government to provide information on the impact of the recent reduction in the number of newly recruited inspectors, both from the standpoint of budgetary resources and effectiveness of the labour inspection functions, and to give details as to the contractual arrangements and conditions of service applied to labour inspectors who are re-hired after their retirement.

The Committee also requests the Government to specify whether the reform has had any impact on the status and conditions of service of currently serving labour inspectors and to provide relevant legislative texts, if any.

Article 8. Gender distribution in the labour inspection staff. The Committee notes with interest the information provided by the Government according to which the percentage of women among newly appointed labour standards inspectors increased from approximately 20 per cent in the financial year 2009 to 27 per cent in the financial year 2010, and that the proportion of the number of women among newly employed labour standards inspectors has tended to increase in recent years. It also notes with interest the reported efforts undertaken to promote the employment of female inspectors; these include appointing female labour inspectors as panellists in information sessions on the work in labour standards inspection offices, sending them as resource persons to information seminars on the public service at the university, and publishing information on their work on the website of the National Personnel Authority. The Committee invites the Government to keep the ILO informed of the share of female labour inspector recruits and of the distribution of the inspection staff by gender in the various positions and grades. Moreover, it reiterates its request for the Government to examine the reasons for the low number of women in the labour inspection staff and to continue its efforts to stimulate the interest of potential female candidates for the labour inspection service.

Articles 20 and 21. Compilation of information on workplaces. The Committee notes with interest that the labour standards inspection offices use the Labour Standards Administrative Information System in order to process information gathered from several sources on workplaces and on labour law compliance. The Committee recalls its general observations of 2009 and 2010 on the importance of statistics of industrial and commercial workplaces liable to labour inspection in the framework of the elaboration and publication of an annual labour inspection report. The Committee would be grateful if the Government would provide information on the operation of this information system, the type of information it includes, and the possible use made of the information in this system in the framework of the elaboration and publication of the annual labour inspection report.

With reference to its general observation of 2007, the Committee would also be grateful if the Government would provide further information on collaboration between the labour inspection services and the justice system, including through the possible creation of a system of recording of judicial decisions that is accessible to the labour inspectorate to enable the central authority to make use of this information in pursuance of its objectives and to include it in the annual report as envisaged in Article 21(e).

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report received at the ILO on 30 September 2010, the enclosed observation of the Japanese Trade Union Confederation (JTUC–RENGO) dated 2 September 2010 and the response of the Government to this observation. It also notes the observation on the application of the Convention by the National Confederation of Trade Unions (ZENROREN), dated 28 September 2010.

The Committee will examine the Government’s report together with the trade union’s observations, as well as any other information that the Government might wish to submit to the Office on the points raised, at its next session.

[The Government is asked to report in detail in 2011.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information supplied by the Government in response to its previous comments and the detailed information contained in the annual labour standards inspection report for 2006. It also notes the comments made by the Japanese Trade Union Confederation (JTUC-RENGO) on 17 September 2008, regarding the reduction of the number of inspection offices throughout the country. JTUC-RENGO emphasizes the importance of such offices in ensuring the enforcement of labour legislation through inspection visits and in providing information and advice not only to workers but also to employers. Noting that, according to the Government, the number of inspection offices has decreased from 343 to 322, the Committee would be grateful if it would supply any information that it deems useful in response to the concerns expressed by JTUC-RENGO with regard to the possible weakening of the labour inspection system.

Article 3, paragraph 1(b), of the Convention. Preventive activities of labour inspectors, such as the provision of technical information and advice. The Committee notes that the 2006 inspection report shows a high number of violations reported during periodical inspections, particularly with regard to working hours and safety requirements, and a high number of industrial accidents, mainly in manufacturing and construction. The Committee would be grateful if the Government would describe the preventive actions undertaken by labour inspectors (the issues covered, sectors of the economy targeted, etc.), and particularly the technical advisory and guidance services they provide to employers and workers concerning the most effective means of complying with the labour legislation, in conformity with Article 3, paragraph 1(b).

Article 8. Gender distribution in the labour inspection staff. In its previous comments, the Committee drew the attention of the Government to the comments sent by JTUC-RENGO in 2006 on the low proportion of women in the labour inspection staff (approximately 7 per cent) compared with the proportion of women in the workforce (44 per cent). It notes the Government’s indication that labour inspectors are recruited with sole regard to their qualifications from among applicants who have passed the recruitment examination. The Committee notes with interest that, with a view to encouraging the application of women, information on the services of and messages from women inspectors working in labour standards offices are published. In this regard, the Committee wishes to emphasize that it is highly advisable to have an adequate number of women inspectors in order to address specific issues that may be of particular concern to female workers. The Committee notes that, according to the Government, the number of women among new staff has tended to increase in recent years and it would be grateful if the Government would indicate the distribution of the inspection staff by gender in the various positions and grades. The Committee also invites the Government to examine the reasons for the low number of women in the labour inspection staff and to continue taking measures aimed at encouraging the application of women for employment as labour inspectors and at promoting their recruitment.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the information sent in reply to its previous comments. It also notes the observation of 20 September 2006 by the Japanese Trade Union Confederation (JTUC-RENGO) that the proportion of women in the labour inspectorate staff (approximately 7 per cent) is insufficient in relation to the proportion of the female workforce (44 per cent of the total workforce), 52 per cent of these women being atypical workers confronted with numerous problems. The above organization is of the view that more women inspectors should be recruited as a matter of urgency so that inspection duties can be carried out effectively. The Committee would be grateful if the Government would make any comments it deems useful on this matter and would indicate whether, as the above organization asks, it plans to adapt the composition of the inspectorate staff to match the gender distribution of the workforce (Article 8 of the Convention). Please report any measures taken to this end to the International Labour Office.

Annual report by the Central Inspection Authority. The Committee would be grateful if the Government would take steps to ensure that an annual report containing the information required by Article 21 is communicated to the ILO within the time limit prescribed by Article 20.

Part V of the report form. The Committee requests the Government to provide information on any developments in the labour inspection system aimed at ensuring protection for the greatest number of workers of both sexes, and particularly on any new forms of industrial relations in the sectors covered by the Convention.

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

The Committee notes the geographical distribution of labour inspectors as of March 2004. It would however like to emphasize that such information needs to be supplemented with indications that are as detailed as possible on the subjects referred to in each of the provisions (a) to (c) of Article 10 of the Convention. The Committee also notes that no annual report on the work of the inspection services has been sent to the ILO, except for the one covering the 1998 period which was received in 2001. Recalling that among other objectives, the annual report, the form and contents of which are set out in Articles 20 and 21, aims to provide an up-to-date picture of the functioning of the labour inspection system with a view to its constant improvement, the Committee would be grateful if the Government would take appropriate measures to ensure that, in the very near future, the central inspection authority is in a position to publish and transmit to the ILO, in due time, copies of such reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information supplied by the Government in answer to its 1998 direct request regarding the organization of the labour inspection system and periodic reporting. It hopes that the Government will continue to provide full particulars on any measures adopted or envisaged as to the organization of the labour inspection system as well as information on the application of each of the Articles of the Convention.

2. The Committee notes the information on the number of labour inspection staff contained in the 1997 Annual Labour Standards Inspection Report. It requests the Government to indicate in its next report the current proportion of women in the labour inspection staff in general and in each of the levels of the labour inspection services (Article 8 of the Convention).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report as well as in the 1996 Annual Labour Standards Inspection Report. It requests the Government to provide in its next report further information on the points raised below.

1. Organization of the labour inspection system. The Committee notes that under the Basic Law on Central Government Reform, No. 103 of 1998, important changes have been introduced in Government organization including the Ministry of Labour which might also have an impact on the overall labour inspection system. The Committee requests the Government to provide information on any measures adopted or envisaged as to the organization of the labour inspection system.

2. Periodic reporting. The Committee recalls that Convention No. 81, being regarded as a priority Convention, detailed reports should be provided. The Committee would request the Government to supply in its next report detailed information on the application of each of the Articles of the Convention, following the report form approved by the Governing Body.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 16, 20 and 21 of the Convention. Further to its previous observation, the Committee notes that since 1989 the number of inspectors has been increased annually, and that further efforts are made to increase efficiency in the labour inspectorate: in this connection, the Government indicated earlier that account would be taken in particular of trends in the system of hours of work and the situation of non-payment of wages. The Committee notes also that, while the Government continues to indicate there are no practical difficulties in the application of the Convention, the practical information requested in the report form has not been supplied; nor have copies of the annual reports on inspection been received since that for 1985. The Committee hopes all due inspection reports will be transmitted, and that they will contain all the information specified in Article 21. It would be particularly grateful if the Government would include information as to any difficulties in respect of occupational disease (Article 21(f), read together with Article 14) or failure to observe provisions relating to remuneration, which arise in connection with the trends referred to.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 16 of the Convention. With reference to its previous observation, the Committee notes with interest the information supplied by the Government to the effect that, during the course of 1987 and 1988, the staff of the inspectorate was increased and other measures will be taken to strengthen the inspection services with the objective of providing effective supervision of legal provisions in the highest possible number of workplaces. It requests the Government to indicate in future reports any new measures that have been adopted in this respect.