Equal Remuneration Convention, 1951 (No. 100) - Japan (Ratification: 1967)

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative said that her Government had been making various efforts to diminish the unreasonable wage gap between men and women, such as enforcing the relevant legislation, including section 4 of the Labour Standards Law prohibiting gender discrimination in remuneration, and the Equal Employment Opportunities Law prohibiting gender discrimination in all phases of employment management. This legislation had a major impact on the determination of wages, in areas such as recruitment, hiring, job assignment, promotion and training, etc. As a result, the wage disparity had declined steadily, but there still remained a gender gap. The main factors behind the remaining gap were the uneven distribution of men and women workers in managerial positions and the difference in the average length of service between men and women.

Recognizing the great importance of better employment management, her Government had been encouraging employers' and workers' organizations to clarify the actual situation of wage disparity between male and female workers in each company, to discuss measures to address it and to develop fair and transparent systems including clearer criteria for wage determination and appraisal systems for individuals. She indicated that one of the measures taken for this purpose since 2003 was the preparation of "Guidelines on the Improvement Measures of Wage and Employment Management for Eliminating Wage Disparity between Men and Women", which had been widely distributed to employers' and workers' organizations. In addition, the Equal Employment Opportunities Law, revised in 2006, had strengthened the ban on gender discrimination in the allocation of duties and responsibilities. She indicated her Government's willingness to endeavour to make further progress by continuing to implement these measures.

Concerning part-time workers, the Diet in its current session had passed a Bill to revise the Part-Time Work Law with a view to correcting unreasonable disparate treatment of part-time workers. Her Government believed that the revised Law would eventually contribute to diminishing the wage gap between men and women, as the majority of part-time workers were women.

In conclusion, she requested the Committee to understand that reducing the wage gap required reviewing the country's long-standing employment management systems and practices, which were themselves products of negotiation between workers and management. Based on careful observation of the changes in such systems and practices in the context of the globalization of the economy as well as the declining birth rate, her Government would continue, with the understanding and cooperation of employers and workers, to promote yet more actively measures to improve employment management so that the wage disparity between men and women would be diminished. She added that in its annual report, her Government would provide replies to the comments of the Committee of Experts, including the latest statistical data, and would continue to inform the ILO of the progress in the situation.

The Employer members emphasized the need to focus on the issue addressed by the Convention, namely equal pay for work of equal value, and not to expand the debate into other, albeit, important matters of gender management and discrimination. They noted with appreciation the acknowledgement by the Government that there was a problem and its commitment to working continually towards the eventual eradication of wage discrimination. The Employer members recalled that article 4 of the Labour Standards Law prohibited gender discrimination in remuneration and that the revised Equal Employment Opportunities Law, which came into force in April 2007, explicitly prohibited discrimination based on sex in the assignment of tasks and responsibilities, as well as in any other changes concerning the occupation or employment contract of a worker. The Government had also produced guidelines in 2003 on measures to improve wage and employment management with a view to eliminating wage disparity between men and women. They further noted with interest a Bill to revise the Part-time Work Law. All of these measures amounted to a clear indication that the Government was addressing this important matter. The Employer members concluded that the laws in place were adequate to address the issue and that the crux of the matter lay in implementation and monitoring, which were the main focus of the comments by the Committee of Experts.

With regard to data, the Employer members emphasized the importance of avoiding incorrect assumptions based on the data provided. While the figures contained in the report of the Committee of Experts were a matter for concern, they could not solely be attributed to non-compliance with the principle of equal pay for work of equal value, which was set out in the current legislation. The situation arose from problems of application and, in particular, from the type of situation that existed in many countries in which women's jobs were focused in certain industries or at certain levels. In addition, many women worked in temporary employment and there were fewer women than men in management.

Turning to the issue of career tracking, the Employer members noted that it was often an effective tool for fast tracking of skilled persons. Nevertheless, it was important to ensure that women were appropriately represented in the process, and this was definitely an area that could be improved upon. In addition, the principle of allowing long service to play a key role in determining pay could create problems, particularly as many women took career breaks for personal reasons and then re-entered the job market some years later. In this respect, they noted that many employers were restructuring wages so that the long service aspect played less of a role in pay levels, with greater emphasis being given to the value of the job and the related deliverables.

They therefore concluded that the Government acknowledged the existence of the problem, was prepared to rectify the situation and was taking steps to do so. The legislation was in place and the recent amendments had tightened the manner in which discrimination was addressed. Other means had been introduced to assist in the advisory and education process and there were specific projects addressing the structure of pay. The Government should therefore be encouraged to continue along the path that it had mapped out and should be requested to provide further information, including reporting data that allowed for a more accurate assessment of the situation.

The Worker members emphasized that Japan was not known as a country of inequalities. The pay gap between men and women was therefore surprising. The observation of the Committee of Experts showed that the overall pay gap between men and women full-time workers had hardly changed since the beginning of the century, passing from 34.5 per cent in 2000 to 34.3 per cent in 2004. Furthermore, the pay gap had grown between part-time workers, with the pay of women being lower than that of men. Moreover, the pay gap was wider than in other industrialized countries.

Japan had made efforts to correct these inequalities. In 2006, the national legislation had been amended to prohibit, as from April 2007, any discrimination based on gender in relation to the assignment of tasks and responsibilities. Nevertheless, it could already be foreseen that the new law would not bring about a firm solution, as it did not integrate the essential principle of Convention No. 100, namely equal remuneration for work of equal value based on an objective and a non-discriminatory evaluation of the various tasks to be carried out. In recent years, the persistence of the pay gap between men and women had demonstrated that the situation was the result of a systematic under-evaluation of tasks undertaken principally or exclusively by women.

The revision of the legislation in 2006 related to indirect discrimination. However, the revision was limited as it allowed the competent ministry to examine only a limited number of situations that could be described as indirect discrimination, instead of setting out a general definition of indirect discrimination which could be applied in many situations. The Government had also issued voluntary directives aimed at encouraging workers and employers to revise their management systems for wages and employment. However, there was very little information available on the impact of these directives. What could be seen was that the use of career tracking systems led to a very weak participation of women in managerial positions. The Committee of Experts had further observed that, of the 122,793 inspections carried out in 2004, only eight violations of the legislation on equal remuneration had been found. None of them had been considered serious enough to be referred to the Prosecutor's Office, which did not appear very credible.

The Government needed to make greater efforts to reduce the pay gap between men and women in an effort to avoid being among the worst industrialized countries in the field of equal remuneration. To do so, it would have to: bring its legislation into conformity with the provisions of Convention No. 100 and establish the principle of equal remuneration for work of equal value; introduce a new general definition of indirect discrimination; strengthen its action at the enterprise level for the revision of wages and employment management systems; and reinforce the labour inspection system.

The Worker member of Japan said that the ILO had been drawing the Government's attention to the issues of the wage system, career track management and indirect discrimination. The main factors in the gender wage gap lay in the use of career tracking systems, job allocation and posting, and the relatively low wage level for atypical workers, including part-time workers, who were predominantly women. The Government representative had indicated that the Equal Employment Opportunities Law, revised in 2006, was expected to improve the situation in relation to job allocation and posting. However, she said that she did not agree with the Government representative that length of service was one of the major factors in the wage gap, as the length of service of Japanese workers was now similar to that of workers in other developed countries. She also challenged the statement by the Government representative that the overall situation in relation to the wage gap had been steadily improving, because the pace of the change was too slow.

She indicated that under the Japanese wage system, a wage was determined through personal elements and job elements, and wages were not therefore directly related to the classification of the job. Article 4 of the Labour Standards Law, which prohibited wage discrimination based on gender, did not literally stipulate the principle of "equal pay for work of equal value", even though it was the legal basis for ratifying the Convention. However, even within this context, the introduction, implementation and expansion of the principle of equal pay for work of equal value were possible and necessary. There had already been a verdict applying the job evaluation method. It was therefore necessary for the Government to promote the application of job evaluation methodologies. The trade unions would concentrate their efforts on establishing a wage system based on job classification that was applicable across enterprises.

She said that the career track management was used as a de facto gender-based employment management system as it allowed employers to classify workers in different career paths, such as major career track and minor career track. The revised Equal Employment Opportunities Law allowed in its implementing guidelines "distinctions based on employment management" and prohibited gender discrimination only within the same career category. This was not in line with the principle of "work of equal value". The Ministry of Health, Labour and Welfare had recognized the problems arising from the career tracking system and had issued an official notice indicating in detail the points to be taken into account in order to avoid gender-based employment management. Although certain progress could be seen, the situation was continuing without significant improvement.

The revision of the Equal Employment Opportunities Law in 2006, ten years after the previous revision, focused principally on prohibiting indirect discrimination. Only three criteria were defined in a ministerial ordinance, which could constitute discrimination if the employer could not provide justification for them. They were as follows: (1) the requirement of a certain height, weight and physical strength on recruitment and hiring; (2) the requirement of nationwide transfer upon recruitment and promotion of workers in the major career track; and (3) the requirement of transfer for promotion. The Japanese trade unions had called for a general prohibition of indirect discrimination, but their claim had not been accepted. Verification was needed as to whether these restrictive provisions were in conformity with the legislation requested by the Committee on the Elimination of Discrimination against Women. Another issue relating to indirect discrimination was whether or not discrimination against part-time workers should have been regarded as indirect discrimination. The Government viewed it as discrimination by type of employment, rather than indirect discrimination, while the trade unions considered it to be gender discrimination.

In May 2007, the Part-Time Law had been revised to prohibit discriminatory treatment of part-time workers whose duties and responsibilities were considered the same as those of regular workers. But the number of part-time workers covered by such protection was only 1 to 5 per cent. The Law therefore needed to be revised to prohibit discriminatory treatment for all part-time workers.

She added that the Advisory Council for Regulatory Reform set up by the Government had recently produced a position document on labour calling for drastic changes in the labour legislation with a view to reducing worker protection and increasing the use of atypical forms of employment. With regard to pay equity, the Advisory Council had come out against the implementation of the principle of equal pay for equal work and had suggested that the State should establish conditions for increased mobility of employment. Her trade union confederation, RENGO, strongly objected to this position document and even the Minister of Labour and Welfare had indicated that its conclusions were not in conformity with current government policy. The position document had therefore been removed from the Council's final conclusions, but it was necessary to remain vigilant and raise the alarm whenever necessary.

The Employer member of Japan indicated that the statistics contained in the report of the Committee of Experts were based on an average of the monthly pay of a large sample of the population and on different kinds of pay systems. One of these was pay based on the job or the work performed, while the other consisted of pay based on the person, reflecting length of service and other factors. Over the years, the relative share of the two components had changed. In very general terms, around 70 per cent of average pay had been based on the pay system geared to the person, with 30 per cent being geared to the work done. In recent years, according to a study carried out by the Japan Productivity Centre, the trend had been reversed, with an average of 30 per cent being based on the person and 70 per cent on the work performed. He added that in May this year the employers' federation had prepared a proposal for the restructuring of the pay system in the light of the need for companies to be competitive and in view of changing social and economic circumstances. This placed emphasis on shifting towards a pay system that created a better environment in which employees could meet the challenge of the future, which would be based on the principles of equity, objectivity, visibility and gender equality in pay systems.

The Worker member of Pakistan recalled the fundamental importance of Convention No. 100 and called on the Government of Japan to bring its law and practice into conformity with the Convention. Japan was one of the major world powers and needed to recognize the need to comply with its international commitments, as outlined by the Committee of Experts. Although the Government had recently amended the legislation, it needed to take measures to prevent indirect discrimination and should engage in consultation with the social partners. In particular, measures were needed to prevent abuse through the career tracking system and to establish effective inspection machinery. The main concern was that the gender wage gap had been reduced very little over the past 20 years, as indicated in the report of the Committee of Experts. Although the Government claimed to be monitoring the situation, it was of great importance to ensure a congenial working environment for women, especially those engaged in part-time and temporary work and in the informal economy. Moreover, it was a matter of concern that so few violations had been identified by the labour inspection system, despite the high number of inspections carried out. It was therefore essential to ensure that inspections were targeted at work typically performed by women, carried out in a transparent manner and undertaken in collaboration with workers' organizations in the enterprise. There was also a need to share examples of good practice. He hoped that the Government would take the measures recommended by the Committee of Experts in cooperation with the social partners with a view to giving full effect to this very important Convention.

The Worker member of Singapore recalled that the Convention was intended to address a significant imbalance that existed in society today, namely the serious and grossly unfair undervaluing of women's work compared to men simply because of their gender. There was no research or evidence to show that women were less productive or less capable than men, but they continued to receive less pay for work of the same value and to suffer significant barriers to their career advancement. There was no doubt that Japan would never be where it was today without the contribution of its women. Yet they continued to suffer discrimination and pay inequality. If women continued to earn significantly less, it was not because of their shorter service, as the Government representative had maintained. The gap in length of service between men and women had narrowed as more women opted to stay in the labour market after marriage or childbirth. So there were clearly other factors at work. It was therefore necessary to look closely at the legislation, practices, structures and systems, which were often so institutionalized and deep-rooted that a great deal of effort was required to eradicate them.

She added that the case of indirect discrimination was an example of an issue on which the legislation had been amended, but where the problem persisted. Employers were still allowed to impose certain criteria when employing workers, even though it was clear that women would face greater difficulty than men in meeting those criteria. The Government therefore needed to make it clear that any form of discrimination, whether explicit or implicit, was unacceptable and should be clearly prohibited by the legislation. Another practice that appeared to offer a way of circumventing the law was the career tracking system. Although on the surface it seemed to be simply a management tool to select better performers, it could become a tool of suppression as women stood little chance of entering it, as admitted by the Government in its report to the Committee of Experts. Indeed, a Government survey in 2003 had shown that the overall number of women on the main track system was 3.5 per cent. She therefore urged the Government to work closely with the social partners to address the issues raised, end discrimination against women and comply with its obligations under the Convention. She added that it was also in the interests of employers to ensure that there was a fair and transparent system. If they deprived themselves of the best people for the job, they would be at a competitive disadvantage in today's battle for talent.

The Worker member of India noted that, although the Government claimed that the disparity in gender pay had been reduced over the past 18 years, it recognized that the remaining gap was still wide when compared with other countries. Although the legislation on equal remuneration had been revised, the revision had failed to address pay discrimination because it had not prohibited direct and indirect discrimination in procedures for the determination of wages. He expressed full agreement with the observation by the Committee of Experts that the application of the principle of equal remuneration required consideration to be given to the remuneration received by men and women performing jobs of equal value. It was likely that the persistent disparity had occurred due to discrimination which resulted in work performed predominantly or exclusively by women being undervalued. It was also a cause for alarm that, despite the large number of inspections carried out, only eight cases of violations had been identified, none of which were sufficiently serious to be referred to the Prosecutor's Office.

It was now a global phenomenon that employers in all countries were endeavouring to exact more work for lower wages from all workers in general, and from women and children in particular. Although it was a highly developed and industrialized country, Japan was no exception. Women were doubly exploited at home and in the workplace. This practice would continue until society accorded the dignity and honour to women that they so fully deserved.

The Worker member of the United Kingdom said that although Japan and her own country were oceans apart, they shared many things, including the failure to implement Convention No. 100. She emphasized that unequal pay reflected on the value that society placed on women's work, women's roles and women's position in society. Although Convention No. 100 was among the most widely ratified ILO Conventions, she wondered how many countries actually gave their women, both full-time and part-time workers, equal pay for work of equal value. She added that when reference was made to women breaking their service, what was really meant was having babies. What was needed was the coherent and transparent implementation of effective job evaluation with full protection under the law to ensure that all women workers had access to equal pay, including the protection from direct and indirect discrimination of vulnerable workers and those in atypical employment relationships.

She concluded that Convention No. 100 needed to be implemented to its fullest meaning; all forms of discrimination, including indirect discrimination, had to be eliminated; and social dialogue should be promoted with a view to speeding up the process of achieving equal remuneration for all the workers affected. In the words of a famous Scottish poet, we are blessed only if we have the gift of seeing ourselves as others see us. She therefore called on everyone to examine themselves before judging others.

The Government representative noted the points raised by the members of the Committee. Her Government considered that diminishing the wage disparity between men and women was an important issue, and would therefore continue to take the most effective measures to address it and to obtain the understanding and cooperation of employers and workers in this respect. Regarding some of the matters brought up during the discussion, her Government would take them into consideration in conducting further studies on measures to be taken in the future and would keep the ILO informed of any relevant developments.

The Employer members emphasized that they fully recognized the value that women brought to the workplace and their overall and invaluable role in society. They also fully endorsed Convention No. 100. However, they believed that it was necessary to examine the situation before the Committee on its merits. There was common agreement that there was a wage gap problem that needed to be addressed. However, it was necessary to recognize that the Government was active in adapting its legislation, that an advisory body was in operation and that guidelines had been disseminated. All of these measures were to be welcomed. What still required attention was the implementation of the legislation, monitoring and reporting.

The Worker members urged the Government to reduce the wage disparity between men and women as soon as possible. Between 1986 and 2004, a period of almost 20 years, the disparity had been reduced by only by 8 per cent and, since 2000, this reduction had clearly come to a stop. The Government needed to take multidimensional measures, to reduce the gap. They called on the Government to create an environment conducive to diminishing wage disparity by taking measures to encourage the social partners to review the system of employment management and promotion in enterprises. In addition, in order to demonstrate its conviction and determination to diminish the wage gap between men and women, the Government should establish a precise time frame within which to achieve this objective, and include this in its general economic targets.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee noted that the Committee of Experts had been commenting for a number of years on the persistent and wide gender pay gap, the legislative framework, and pay discrimination arising out of wage and employment management systems.

The Committee noted the detailed information presented by the Government concerning the laws and regulations, guidelines and policies in place to address discrimination against women, including with respect to wages. The Committee noted in particular that the Equal Employment Opportunities Law had recently been amended to prohibit discrimination based on sex with respect to assignment of tasks and responsibilities.

Noting the persistence of the wide gender pay gap, the Committee welcomed the Government's commitment to take effective measures to address this issue, and acknowledged that steps had been taken to address gender discrimination, including regarding wages. The Committee urged the Government to promote more actively equal remuneration for men and women for work of equal value in law and in practice, to strengthen the implementation and monitoring of the existing legislation and measures, and to assess the impact on indirect discrimination and equal pay for work of equal value. It also requested the Government to further examine the impact of wage and employment management systems, including career tracking systems, on the earnings of women, with a view to addressing wage discrimination. The Committee urged the Government to create an environment conducive to eliminating the gender pay gap, including through providing incentives, guidance, and improving enforcement in this area, as well as stepping up its efforts to promote objective job evaluation methods. The Committee called for further tripartite consultation on all these matters.

The Committee requested the Government to reply to all the comments of the Committee of Experts as well as all the requests made by this Committee in its report due this year under article 22 of the ILO Constitution.

Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

A Government representative indicated that his Government had been making efforts to enforce the Labour Standards Act, 1947, which prohibited sex discrimination with respect to wages so that the requirements of the Convention were fully met. He explained that, although the insufficient response by the Government to the comments of the Committee of Experts was due to the situation of the labour market and the practice of employment management in Japan, the Government would endeavour to supply the appropriate information as far as possible. He stressed that the gap between the average wages of men and women had been diminishing. For example, the difference in wages per hour between men and women had been reduced by 3.3 per cent over the last seven or eight years. As a result, in 1992 women's wages represented 62 per cent of men's wages. This tendency would continue slowly but steadily. Average wage differences between the sexes were a reflection of differences between sectors, the size of companies, as well as the occupations men and women were engaged in. Even within the same sector, these differences resulted from the various technical skills which companies required taking into account the difference between men and women in their academic backgrounds and the number of years of service. His Government had been making efforts to implement and enforce the Equal Employment Opportunity Act, 1985, so that differences in the average wages between the sexes could be reduced through securing equal opportunity and treatment in employment. In particular the guideline established under the Act had been revised in April 1994 after consultations had been held with employers' and workers' organizations. The revised guideline included two new objectives: to stop female students from being treated unfairly at the recruitment stage and to prevent married women from being treated unfairly when they were assigned and promoted. Moreover, regarding the narrowing of the gap in the average wages of men and women through reducing differences in the number of years of service, his Government had been promoting measures to help workers harmonize their working lives with their family lives and to enable women who wanted to continue working to do so while still bringing up their children. These measures included the application of the child care leave system contained in the Child Care Leave Act of 1992, the introduction of a system of reducing worked hours as well as the provision of a subsidy to employers to compensate them for part of the costs associated with establishing and running a day nursery within the company, and to help women return easily to their jobs after their child care leave. Owing to these various efforts, more women had come to be engaged in occupations where few were found in the past such as in electrical, chemical and information processing engineering, journalism, editing and even as guards, engine drivers and so on. Moreover, the attitude of companies towards the assignment of women had changed. The result of a recent survey stated that the percentage of companies which "assign all occupations according to one's ability and aptitude" had increased from 23 per cent in 1989 to 50 per cent in 1992, while those which "assign women to only less important jobs" had decreased from 7.9 per cent in 1989 to 5.3 per cent in 1992. Besides, the average number of years of service of women had increased steadily from 4.5 in 1970 to 7.4 in 1992.

The Employers' members stated that the principle which had to be applied in this case gave rise to many difficulties. An important point in the comments made by the Committee of Experts was the demand for objective criteria. In the Employers' view, a starting point for evaluation was generally that the average income for women was to a certain extent lower than the average income for men. The reasons for this needed to be verified. Once again, it was a question of determining what criteria were at the basis of wages. In Japan, seniority, i.e. the length of service, had an important impact on the amount of the salary. Seniority was an objective criteria since it could not be manipulated but was a fact. However, the tendency among the Committee of Experts was to apply other factors instead of seniority. The experts had indicated that the content of the job should be the yardstick for establishing remuneration. However, there were historic reasons as to why women usually had lower seniority as well as why there continued to be typical men's jobs and typical women's jobs. The experts required that the same wages had to be paid for work of equal value but this did not explain what criteria should lie at the basis of this. In the Employers' members' view, there were no scientifically objective methods of evaluating equal value of jobs in connection with what wages should be paid for those jobs. The solution lay in overcoming barriers such as separate labour markets for men and women which had been inherited from the past. Enterprises in the industrialized countries had already made efforts to this end and the results of this were only being seen very gradually. The most important reason for this gradual change could be attributed to traditional attitudes held by people which could only be changed by education and conviction but not by legislation. The solution to these problems would certainly require a period of time but any progress began with the recognition that there was a problem; this recognition had taken place during this and other discussions on the subject.

The Workers' members took note of the statement of the Government representative according to which a full report would be transmitted to the Committee of Experts. This case had already been discussed during the last Conference. In this regard, it was appropriate to recall the previous conclusions of this Committee which had first of all noted that the differences in wages were much more significant in Japan than in other industrialized countries and that a considerable number of women were confined to sectors where wages were lowest. This Committee had considered that the problem should be solved within the framework of a global policy and not through the adoption of ad hoc measures. Last year, the commitment made by the Government to this Committee to remedy the situation was equivocal and lacked clarity. Incomplete information which was transmitted to the Committee of Experts and noted in this year's report showed that there was a significant gap between the monthly wages of men and women and was, moreover, confirmed by international studies on the subject. It was true that while this gap was more significant in Japan than in other industrialized countries, the difference was even more significant in countries which did not have any legislation or truly appropriate procedures and which did not undertake any action to convince enterprises to change practices which, directly or indirectly, had negative effects on the rights of women. The Employers' members had stated that the Government representative had listed a series of ad hoc measures. However, the Workers' members considered that this information was imprecise and difficult to use since several issues remained pending. The Workers' members subscribed to the views of the Committee of Experts which rightly had taken note of the increased efforts made by the Government to promote equality of opportunity and treatment and which had underlined the need to establish non-discriminatory criteria to evaluate the different work accomplished by men and women. It was appropriate to insist that the Government continue to implement the measures and the initiatives that it had described and that it multiply its efforts in the legislative field as well as in the field of labour market policy in the wide sense of the term. All means had to be used in order to change the discriminatory practices of enterprises.

The Workers' member of Japan felt that his Government should supply all the necessary information requested by the Committee of Experts as soon as possible. In their observation this year, the experts stated that they lacked information on the measures to evaluate and compare the value of the different work performed by men and women on the basis of objective criteria. He urged the Government to provide adequate information on this matter. The Government representative had said that the wage gap in Japan had been diminishing and that this tendency would continue slowly but steadily. However, the speaker maintained that there was still a wide wage gap between men and women in Japan. According to a study carried out by the Japanese Trade Union Confederation, women's wages stood at around 60 per cent of men's wages. The Japanese Government should therefore promote its policy and accelerate ongoing "slow and steady" improvement. Regarding labour laws concerning equality of employment, Japan had the Labour Standards Act, the Equal Employment Opportunity Act, the Child Care Leave Act, the Part-time Labour Act and so on. These laws had contributed to improving the situation. However, many matters needed to be improved and the Government needed to revise the relevant labour laws and ordinances properly so that effective measures could be taken. He was of the view that other ILO Conventions should be ratified in order to achieve full equality between men and women and, in particular, the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and the Workers with Family Responsibilities Convention, 1981 (No. 156).

The Government representative of Japan concluded that with regard to the gap between the average wages of men and women, his Government had to fully recognize the present situation and had to make progress by continuing to enforce the measures which were accepted and supported by both the organizations of employers and workers concerned.

The Committee noted the information and explanations supplied by the Government representative. The Committee noted that the Government had made increased efforts to promote the aims of the Convention and that some concrete measures had been taken to ensure in law and in practice the application of the Convention. It had noted, however, that serious discrepancies existed in the implementation of the principle recognized in the Convention, particularly due to the absence of any system of objective evaluation of jobs and the maintenance of a specific system whereby length of service was taken into account for the determination of wages. The Committee hoped that the Government would continue to make all necessary efforts and also, in general terms, to give full effect in law and in practice to the provisions of the Convention and that it would supply full and detailed information in its next report.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative stated that the requirements of this Convention were met by section 4 of the Labour Standards Law which stipulated that discrimination based on gender was prohibited and provided sanctions for non-compliance. The Government had implemented these provisions through inspections and guidance. The wage differential between the sexes was a result of men and women working in different sectors as well as differences in the number of years of service under a seniority-based wage system, rather than the insufficient application of the principle of equal remuneration for work of equal value. In order to solve the problem of the segregation of men and women into different areas of work, the Government was making efforts to promote the enforcement of the Equal Employment Opportunity Law. As the difference in number of years of service of men and women was partly caused by the difficulty in balancing professional lives and family responsibilities, the Child Care Leave Law had been enacted in April 1992. Other measures were also being sought to assist women to balance these dual responsibilities.

The Employers' members noted that the key provision under this Convention was Article 1 providing for equal remuneration based on work of equal value. One means of accomplishing this was given in Article 3 of the Convention: the requirement that "measures be taken to promote objective appraisal of jobs on the basis of the work to be performed" to assist in the elimination of wage differentials between men and women. They acknowledged that although under this Convention it was not contemplated that measures to ensure equal treatment would be a means of equalizing pay between men and women, such an approach appeared to be part of the solution to the problem. In view of the fact that wide-scale participation of women in the labour market was a recent phenomenon, it was not surprising that pay between men and women was different when seniority was taken into account. To the extent that seniority-based wage systems were not instituted to discriminate against women, in their view such systems were not incompatible with the terms of the Convention. In this vein, they agreed with the Committee of Experts that the Government should examine whether women were discriminatorily assigned to low-paying jobs. However, they also considered that the Government should determine whether or not women preferred such jobs rather than attempting to obtain non-traditional higher-paying jobs, and suggested that the Government explore programmes that might encourage women to seek the latter.

The Workers' members noted with regard to the application of this Convention by Japan that there were, in addition to the 1988 survey referred to by the Committee of Experts, other studies (the 1993 ILO study and studies published in 1992 in the International Labour Review) demonstrating that the difference between the monthly average earnings of men and women was much more significant in Japan than in other industrialized countries, and that the practices and customs of large firms in this country were not in compliance with the Convention. In this regard, they stated that classification of posts and job descriptions were generally very vague. In such circumstances, comparisons between the average monthly earnings of men and women workers were difficult to carry out. They were concerned by the fact that, according to point 7 of the Experts' report, the Government considered that as there was no general consensus in favour of a different approach to the respective values attributed to work done mainly by women, there was no reason to consider revising the current practices and approaches. The Workers' members noted that the Convention required a courageous attitude on the part of the public authorities, and that it was paradoxical that a country as productive as Japan did not provide statistics on the application of the Convention. The Workers' members also had the impression that the laws of 1947 and 1985 were less productive than comparable legislation in other industrialized countries.

The Workers' member of Japan stated that his Government should quickly supply the relevant information requested by the Committee of Experts. He considered that in his country, despite having adopted laws on equality of opportunities and on childcare leave, as well as others which prohibited discrimination in wages between men and women, these were not sufficiently applied and there remained many matters which needed improvement and which had been dealt with by the Experts in their Report. He was of the opinion that, in order to improve the situation and to apply the principles of the Convention, it was necessary to apply global measures in the areas of equal employment opportunities and of workers with family responsibilities. He emphasized that his Government should ratify Conventions Nos. 111 and 156.

The Government representative stated that she had taken note of the comments made by the Workers' member of Japan.

The Government member of Japan stated that she had a few things to say about the beginning of the conclusions adopted by the Committee, although she was not asking for changes. The beginning of the conclusions was an inexact citation of the Government which had not stated that it intended to introduce changes of policies directly aimed at applying the Convention but rather that it wished to examine related policies which would result in the narrowing of the average wage gaps between men and women which was an indirect aim of the Convention.

The Committee took note of the information supplied by the Government representative, in particular on the seniority-based wage system that was in force in her country. The Committee noted with interest that the Government intended to introduce the necessary amendments so as to apply the Convention fully in legislation and in practice. The Committee confirmed, however, that there were certain discrepancies between the remuneration for men and for women, as had been indicated by the Committee of Experts. These differences in wages between men and women were greater than in other highly industrialized countries. The Committee considered that a general policy was necessary, and not only prompt measures, in order to overcome this situation which kept a significant number of women in lower paid economic sectors. The Committee trusted that the Government would duly take into account the comments of the Committee of Experts and would supply detailed information, including statistics, which would show concrete and decisive progress in the application of this fundamentally important Convention in order to promote and guarantee equality of opportunity and treatment for men and women.

The Government member of Japan stated that she had a few things to say about the beginning of the conclusions adopted by the Committee, although she was not asking for changes. The beginning of the conclusions was an inexact citation of the Government which had not stated that it intended to introduce changes of policies directly aimed at applying the Convention but rather that it wished to examine related policies which would result in the narrowing of the average wage gaps between men and women which was an indirect aim of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report. It further notes the observations of the National Confederation of Trade Unions (ZENROREN) received on 11 September 2023. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2. Indirect discrimination in remuneration. Non-regular employment. Fixed term and part-time employment. The Committee recalls that, sections 8 and 9 of the Act on improvement of Personnel Management and Conversion of Employment Status for Part-Time Workers and Fixed-Term Workers (Act No. 76 of 1993, hereinafter “the Part-Time and Fixed-Term Labour Act), as amended by Act No.71 of 2018, prohibit differences, found to be unreasonable, between the base pay, bonuses, and other benefits received by non-regular workers (part-time/fixed term workers) and those received by workers with standard employment status. The Committee welcomes the information that, in October 2020, the Supreme Court ruled that failure to pay family allowance and other benefits (e.g., summer paid leave, paid sick leave) to non-regular employees constituted unreasonable discrimination based on sections 8 and 9 of the Part-Time and Fixed-Term Labour Act. Regarding the application of the “Guidelines on the Prohibition against Unreasonable Treatment of Part-Time Workers, Fixed-Term Workers, and Dispatched Workers” (Public Notice No. 430 of 2018) in the private and public sectors, the Committee also welcomes the Government’s indication that: (1) the Ministry of Health, Labour and Welfare has developed a website and distributed leaflets for guidance; and (2) the 2022 Survey on Labour Economy Trends found that 90 per cent of workplaces “have worked towards the realization of fair treatment, including equal pay for equal work regardless of employment status.” The Government also stresses that the remuneration of national public service employees is determined according to the principle of remuneration based on the duties prescribed in section 62 of the National Public Service Act. This principle is applied regardless of whether they are fixed-term employees. In this respect, the Committee takes note that, according to the JTUC-RENGO, about 54 per cent of women working in Japan work in non-regular employment status. The trade-union underlines the importance of applying sections 8 and 9 of the Part-time and Fixed-term Workers Act to reduce unreasonable wage differentials within the same enterprise. The Committee takes note of the Government’s indications that: (1) in 2023, the Local Autonomy Act, which regulates the work of local government officials, was partially revised to provide bonuses and term-end allowances to non-regular workers (to come into force 1 April 2024); and (2) it will continue to make efforts to ensure necessary treatment in accordance with the content of their duties of temporary and part-time employees and take necessary initiatives for the enforcement of the revised Act. The Committee further notes that, in its observations, ZENROREN refers to a Survey conducted by the ZENROREN-affiliated Japan Federation of Prefectural and Municipal Workers’ Unions (Jichiroren) on local government fixed-term workers. The Survey found that 59 per cent of women earn less than 2 million yen a year. The ZENROREN also adds that, although women’s labour force participation is increasing, many of them are contingent workers, whose participation in the employees’ pension insurance is limited, and that their wages fall short of ensuring their economic independence or a pension programme to support their life without worry. The Committee requests the Government to provide its comments in this respect. The Committee asks the Government to provide information on: (i) the application of sections 8 and 9 of the Part-time and Fixed-term Workers Act to reduce unreasonable wage differentials within the same enterprise; (ii) the results achieved in terms of narrowing the gender pay gap between regular and non-regular employees, in both the public and private sectors; and (ii)the number of part-time men and women workers whose treatment and wage rates have been modified as a result of the revision of the Local Autonomy Act in 2023.

Career-track systems. Regarding the application of the two-career track system, (which in practice leads to lower levels of women in management positions and therefore caused wage disparity), the Committee notes the Government reiterated statement that: (1) the Equal Employment Opportunity Act provides that employers should give their employees equal opportunities irrespective of their sex; and (2) the Women’s Advancement Promotion Act, as amended by Law No.24 of 2019, requires employers – with more than 300 employees – to collect and analyse data on the ratio of women and men within the enterprise in areas such as new hires, hours worked, years of service and classification levels. The Committee also notes with regret the Government’s indication that, no statistical information exists on the distribution of men and women in the career-tracking systems. TheCommittee reiterate its request to the Government to take the necessary measures to ensure that career-track systems are not either directly or indirectly discriminatory to women. It also requests the Government to urge employers not only to collect and analyse statistical information on the distribution of men and women in the different tracks, but also to measure the impact of the career track system on the level of earnings of women, with a view to addressing existing wage discrimination.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. The Committee welcomes the Government’s indication that the “Guidelines for Job Evaluation through the Grading Method by Element” (hereafter also called “Manual for Inspection and Consideration”) has introduced job evaluation methods as one way to eliminate the “unreasonable difference in treatment” in basic salary between part-time/fixed term workers and workers with standard employment statuses. It takes note that the job evaluation method adopted is the “factor-based point method”, based on the following eight factors: (1) suitability of human resources; (2) innovation; (3) competence; (4) discretion; (5) complexity of interpersonal relationship outside office, (6) complexities of interpersonal relationship inside the office; (7) problems solving; and (8) impact on management. The Committee recalls the Government’s acknowledgement that job evaluation in the country is mainly based on workers’ individual characteristics rather than the value of the positions held. The Committee thus asks the Government to indicate how it is ensured that the selection of factors used for comparison, the weighting of such factors and the actual comparison carried out are free from gender bias. It also asks the Government to provide information on any awareness-raising activities undertaken on the concept of “work of equal value” and the promotion of the use of objective job evaluation methods. The Committee further asks the Government to provide information on any specific steps taken to ensure the general use of objective job evaluation methods in the public sector.

Enforcement. The Government indicates, inter alia, that: (1) from 2018 to 2021, the Labour Standards Inspection Authority conducted 509,633 regular inspections nationwide and provided guidance for correction in 10 cases of violation of section 4 of the Labour Standards Act which states that an employer shall not engage in discriminatory treatment of a woman as compared with a man with respect to wages by reason of the worker being a woman; and (2) training programmes have been provided for labour standards inspectors on the application of section 4 of the Labour Standards Act. The Committee notes that, regarding the provision of equal pay for equal work, the Employment Environment and Equal Employment Departments of the Prefectural Labour Bureau provide consultation, guidance, and support for settlement of disputes, and that, with regard to the seafarers, no violation of the principle of equal remuneration for men and women workers for work of equal value was found in 14,928 inspections conducted from 1 April 2018 to 31 March 2022 at ships and workplaces by Mariners’ Labour Inspectors (Maritime Safety and Environment Department and Maritime Promotion Department, the District Transport Bureau, MLIT). Finally, the Committee notes the Government statement that ‘detailed’ information on the nature of the violations detected, content of the guidance provided, and the correctional action ordered by labour standards inspectors, or the courts cannot be provided because it involves information on individual cases. The Committee asks the Government to continue providing information on the number of inspections conducted and indicate the type of violations treated by both labour inspectors and the courts.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report. It further notes the observations of the National Confederation of Trade Unions (ZENROREN) received on 11 September 2023. The Committee requests the Government to provide its comments in this respect.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes, including legislative developments on disclosure of information on wages. The Committee welcomes the detailed statistical information provided by the Government concerning men’s and women’s earnings. It observes that, although the average gap in the earnings of men and women in all occupations has been decreasing since 1989 (39.4 per cent) it is still significant with an average gap of 22.4 per cent in 2021. The Committee notes that, in its observations, the JTUC–RENGO states that: (1) women’s wages amounted to 75.2 per cent of men’s wages in 2021 (a gender wage gap of 24.8 per cent); and (2) the gender wage gap is very high compared to other developed countries. The Committee notes that, in its observations, the National Confederation of Trade Unions (ZENROREN) refers to statistical information from the National Tax Agency Survey (2021) according to which the average yearly salary of workers is 5.45 million yen for men (US$36,538,16) and 3.02 million yen for women (US$20,247,89). With respect to the underlying causes of the gender pay gap, the Committee further notes that: (1) the NIPPON KEIDANREN explains that the gender pay gap is mainly caused by differences in job rank and length of service and suggests improving the ratio of female executive or managers and reducing the gender gap in length of service; and (2) the ZENROREN attributes the gender pay gap to a range of factors, including the imposition of long working hours on men and precarious work on women based on the employment model which considers men as the breadwinner in the family.

Regarding the legal framework and its developments, the Committee welcomes the following measures taken by the Government to address some of the issues leading to the gender pay gap, including reconciliation of work and family responsibilities and occupational gender segregation: (1) the revision of the Child Care and Family Care Leave Act, in 2021, to establish a flexible child care leave framework (“postnatal father child care leave”), and similar revisions of laws and regulations in the public sector according to the Government’s report; and (2) the formulation in 2022 of the “Plan for Female Digital Human Resource Development” to promote labour mobility, which includes subsidies for employers who work to convert non-regular workers (who are mainly women) into regular workers, and improve their wages. The Committee recalls that the Act on the Promotion of Women’s Active Engagement in Professional Life No. 64 of 2015, (hereinafter “the Women’s Advancement Promotion Act”) requires private-sector employers with more than 300 regularly employed workers to identify and analyse the status of the active participation of female workers, including the differences between women and men in the ratio of management positions and length of service, which are considered as principal drivers of the wage gap between men and women, and to develop action plans including setting numerical targets based on such analyses. The Committee notes with interest the revision of the Women’s Advancement Promotion Act, by Act No. 24 of 2019 which: (1) extends the obligation of analysing the active participation of female workers to employers of more than 100 regularly employed workers; and (2) provides that the information disclosed will contribute to enhance work-life balance for female workers. In addition, the Committee notes with satisfaction that, in July 2022, the Women’s Advancement Promotion Act was amended by Ministerial Ordinance of MHLW No. 104 of 2022, to require private employers with more than 300 regularly employed workers to disclose “differences in wages between men and women” in addition to the 2015 obligation to analyse the active participation of female workers. The Committee observes that the JTUC–RENGO reiterates that this measure is limited (as approximately nine out of ten enterprises in Japan are medium or small-sized) and suggests extending this obligation to all employers regardless of the scale of their business. The Committee notes the Government’s indication that the same obligation is imposed on the public sector.

As regard measures to collect data on wage gaps in the public sector, the Government also indicates that: (1) in December 2022, the system based on the Women’s Advancement Promotion Act was revised, and the “difference between male and female employees’ wages” was newly positioned as an item for essential status monitoring, analysis and information publication at each national and local government agencies; and (2) the information will be made public in 2023.

Finally, the Committee notes that, in its observations, the NIPPON KEIDANREN indicates that: (1) it organized seminars and shared good practices to encourage men to take childcare leave and better balance work–life obligations; (2) it has been supporting companies by providing seminars and human resource development programs with the aim of increasing the share of female executive to more than 30 per cent by 2030; and (3) it is publishing an annual position paper calling on companies to review and improve the treatment of employees with reference to Government guidelines and court precedents to ensure fair treatment regardless of employment status. Given the persistence of a significant gender pay gap in the country, the Committee asks the Government to continue to take proactive measures, in cooperation with workers’ and employers’ organizations, with a view to reducing the gender pay gap by addressing its underlying causes, including horizontal and vertical occupational gender segregation, issues relating to the length of service and to the reconciliation of work and family. It asks the Government to continue to provide: (i) information on any follow-up given to the suggestion of the JTUC-RENGO to extend the obligation of disclosing wage differences to workplaces with less than 300 employees; and statistical information, disaggregated by sector of the economy, on the earnings of men and women and the gender wage gap to monitor the progress achieved.

Articles 1(b) and 2(2)(a). Work of equal value. Legislation. With regard to the legal framework, the Committee notes once again the Government’s reference in its report to the following provisions: (1) section 4 of the Labour Standards Act, which provides that “an employer shall not engage in discriminatory treatment of a woman as compared to a man with respect to wages by reason of the worker being a woman”; and (2) sections 6, 7 and 8 of the Equal Employment Opportunity Act (Act No. 113 of 1972) (EEOL), as amended, which prohibit inter alia discrimination on the basis of sex in terms of loans for housing. The Committee notes the Government’s statement that: (1) as long as the payroll system does not allow discrimination in wages between men and women based only on the sex of the worker, it meets the requirements of the Convention; and (2) this interpretation has been retained since the ratification of the Convention. The Committee takes due note of the Government’s views. However, it is bound to reiterate that the protection against sex-based wage discrimination in the national legal framework is too limited because it does not capture the concept of work of equal value, which is fundamental to address the gender pay gap and tackle horizontal and vertical occupational gender segregation in the labour market. In that regard, the Committee recalls that, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Women are also often concentrated at the lower levels of certain enterprises, sectors or occupations. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of work of equal value permits a broad scope of comparison between jobs. It includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature which is nevertheless of equal value overall. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 on the fundamental Conventions, paragraphs 673–676 and 695, see also “Promoting Equity: Gender-neutral job evaluation for equal pay – A step-by-step guide”, pages 25-41). The Committee once again urges the Government to take the necessary measures to amend the current legislation with a view to establishing the right to equal remuneration for men and women for work of equal ‘value” as enshrined in the Convention as well as appropriate monitoring and enforcement procedures and adequate remedies. It asks the Government to provide information on: (i) any measures taken or envisaged in this regard; and (ii) any judicial or administrative decisions relating to pay inequalities between women and men.

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

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

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report. It further notes the observations of the Japan Business Federation (NIPPON KEIDANREN) received on 29 August 2019.

Article 1 of the Convention. Gender pay gap. In reply to the Committee’s request for statistical information on the gender wage gap in both the public and private sectors, including statistics covering non-wage workers, the Government indicates in its report that in 2017 women’s average earnings were 74.7 per cent of those of men (a wage gap of 25.3 per cent), compared with 73.6 per cent in 2015 (a wage gap of 26.4 per cent). The disparity of scheduled cash earnings for men and women workers (per hour) varies by industry: for example, women’s average earnings in finance and insurance were 62.7 per cent of those of men (a gap of 37.3 per cent), 81.7 per cent in transport and postal services (a gap of 18.3 per cent) and 88.7 per cent for high school teachers (a gap of 11.3 per cent). Further, the proportion of women senior executives in private enterprises was 8.5 per cent in 2015 and 9.9 per cent in 2018. The Government adds that there are no statistics on wage disparities between men and women in the public sector. The Committee observes that, although the gender pay gap is steadily decreasing, it still remains significant and that the share of women in leadership positions has remained very low despite the rising education level of women, the implementation of gender equality laws and the increasing participation of women in the labour market. According to the Organisation for Economic Co-operation and Development (OECD), women only held 13 per cent of managerial positions in Japan in 2019 and accounted for only 4.9 per cent of senior management positions in the central government in 2018, and 10.9 per cent in the private sector in 2017. Moreover, women occupied only 5.3 per cent of the seats on the boards of listed companies in 2017. The Committee asks the Government to provide: (i) information on the measures taken to promote women’s access to a wider range of jobs with career prospects and higher pay by addressing the underlying causes of the existing vertical and horizontal occupational gender segregation (such as stereotypes regarding women’s professional aspirations, preferences and capabilities, their role in the family, their concentration in low-paid sectors and part-time work, or a reward system based on uninterrupted tenure); and (ii) updated statistical information on the gender pay gap disaggregated by economic activity and occupation, and the gender distribution by job category in the public sector.

Articles 1 and 2. Indirect discrimination based on sex. Legislation. Following the 2006 amendments to the Equal Employment Opportunities Law (EEOL), the Committee noted that section 7 adopts a restrictive approach by authorizing the authorities to identify only three circumstances, which could amount to indirect discrimination, rather than by introducing a general definition of indirect discrimination that could be applied to a variety of situations. It noted the Government’s statement that indirect discrimination is too broad a concept that could be used in almost all cases, hence the decision to adopt a Ministerial Ordinance to specify the elements that could potentially be considered indirect discrimination. The Government indicates that, following discussions held from August to December 2018 in the Subcommittee on Employment, Environment and Equal Opportunities of the Labour Policy Council, no conclusions were reached on the expansion of the definition of indirect discrimination as there have been no new court rulings. In this regard, the Committee wishes to emphasize once again that the concept of indirect discrimination is imperative to identify and address situations in which certain treatment is extended equally to everybody, but leads to discriminatory results for one particular group protected by the Convention, such as women, ethnic and religious groups, or persons of a certain social origin. In practice, such discrimination is subtle and less visible, making it even more important to ensure there is a clear framework for addressing it, and proactive measures are required to eliminate it. Further, the Committee wishes to point out that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraphs 746 and 870). The Committee once again asks the Government to provide information on any further discussions, decisions or actions taken to address indirect discrimination related to all the components of remuneration received by men and women, and not only wages.

Fixed-term employment. Recalling that the Convention applies to both regular and non-regular employment, including fixed-term contract workers, and taking into account the gender dimension of the employment structure, the Committee previously asked the Government to provide information on: (1) the measures taken to address the undervaluation of female dominated occupations and adjust remuneration levels across regular and non-regular employment classifications in both the public and private sectors; (2) the measures taken to improve women’s opportunities to enter and re-enter regular employment; and (3) the progress made in the adoption of guidelines on the employment of regular and non-regular workers.

With regard to the measures taken to adjust remuneration levels across regular and non-regular employment classifications in both the public and private sectors, the Government recalls that the remuneration of national public service employees is determined according to the principle of remuneration based on the duties prescribed in section 62 of the National Public Service Act, as well as in section 2 of the Law on Remuneration for National Public Employees in Regular Service. Gender discrimination in remuneration is also prohibited under section 27 of the National Public Service Act. The remuneration of local public service employees is based on the duties prescribed in sections 24 and 26 of the Local Public Service Act, and section 13 of the Act prohibits discrimination based on sex in deciding the amount of remuneration. Concerning the measures taken to eliminate wage disparities between part-time, fixed-term and dispatched workers and regular workers in the private sector, the Government refers to the development in 2018 of the Guidelines on the prohibition of irrational treatment for part-time, fixed-term and dispatched workers, also known as the Guidelines on Equal Pay for Equal Work (thereinafter he Guidelines). According to the 2017 Action Plan for the Realization of Work Style Reform, these Guidelines identify three areas where wage disparities are prevalent: (1) basic salaries, pay rises and bonuses; (2) various kinds of allowances; and (3) education, training and welfare. Regarding the measures taken to improve women's opportunities to enter and re-enter regular employment, the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). Recalling that women workers in Japan are highly concentrated in non-regular employment, the Committee asks the Government to provide further information on the application of the Guidelines on Equal Pay for Equal Work, indicating the manner in which they contribute to the reduction of wage disparities between fixed-term and regular workers, in both the public and private sectors.

Part-time work. The Committee previously asked the Government to provide information on: (1) the application in practice of section 8 of the Part-time Workers Act; (2) the conversions requested, including from part-time to full-time, and from fixed-term to indefinite positions; and (3) the measures taken to address the issues raised by JTUC–RENGO with respect to part-time workers who are subject to different criteria for appointment in each workplace, even where the job types and work duties are the same, particularly in the local public service.

The Committee notes the Government’s statement that, according to the General Fact-finding Survey on Part-time Workers of 2016, the replies from 39.4 per cent of workplaces indicated that a readjustment of salaries was ensured following the revision of the Part-time Workers Act. The Government also indicates that there are no statistics, disaggregated by sex, on conversions from part-time to full-time and from fixed-term to indefinite positions. With regard to the issues raised by JTUC-RENGO concerning the criteria for appointment of part-time workers, and therefore their job classification in the local public service, the Committee notes the Government’s indication that the Local Public Service Act and the Local Autonomy Act were partially revised in 2017. The Committee asks the Government to continue providing information on the measures taken to contribute to closing the gender pay gap between part-time workers and regular workers. Following the revision of the Local Public Service Act and the Local Autonomy Act, the Committee also asks the Government to indicate the measures taken to extend the protection provided to part-time workers in the private sector to part-time workers in local government.

Career-track systems. In its previous comment, the Committee noted that the application of the two-career track system, one for women and one for men as an employment management system, has led in practice to lower levels of women in management positions and has therefore caused wage disparity. Consequently, it urged the Government to step up its efforts to increase the percentage of women in the integrated career track and to provide information on any measures taken to promote actively objective job evaluations across the tracks. The Committee notes the Government’s indication that, according to a survey conducted in 2017, only 6.5 per cent of employers with 10 or more employees have introduced the career-track system, covering 15.1 per cent women workers. With regard to the measures taken to promote objective job evaluations across the two tracks, the Government considers that an objective job evaluation method under which wages are decided according to the content of duties at one stage is not compatible with the salary system in Japan. The Committee notes that ,even though implemented by only 6.5 per cent of companies, the double/separate career-track system as it is devised is gender-based because it leads to significantly lower levels of women in management positions and is therefore bound to cause wage disparity between men and women workers. In this regard, the Committee encourages the Government to take the necessary measures to ensure that career-track systems are not either directly or indirectly discriminatory in relation to women. It also asks the Government to provide updated statistical information on the distribution of men and women in the different tracks, as well as the impact of the career track system in force on the level of earnings of women, with a view to addressing wage discrimination.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. The Committee previously requested the Government to: (1) provide information on the measures taken to promote and develop ways in which the salary setting system can incorporate objective job evaluation methodologies, in both the private and public sectors; (2) report on the awareness raising and educational measures taken to better inform employers, employees and supervisors of objective job evaluation and the importance of ensuring that gender bias does not enter into the remuneration system; and (3) specify the status of the guidelines on support for initiatives taken by employers and employees to solve the wage disparity between men and women and to provide information on the manner in which they are recognized, promoted and applied. The Committee notes the Government’s indication that few enterprises adopt the complete job-based salary system, even if the system is introduced by combining job-based and performance-based salaries. It also states that job evaluation criteria do not necessarily facilitate the implementation of the Convention, since human resources development is based on categories of job type and employment status, rather than job requirements. The Government refers to a number of guidelines/manuals that have been elaborated to encourage companies to design clear, fair and objective salary and employment management systems, including: (1) “Guidelines for Support for Initiatives taken by Employers and Employees to Solve the Wage Disparity between Men and Women"; and (2) “Guidelines for Job Evaluation through the Grading Method by Element" revised in 2019 and currently entitled “Manual for inspection and consideration of basic salary using job evaluation” (Manual). In its observations, the JTUC–RENGO indicates that this Manual applies to part-time and fixed-term workers without taking into account the issue of wage disparities between men and women. In addition, the Manual still does not include criteria related to the workload and working environment of workers, making such evaluation disadvantageous for workers.

The Committee notes the Government’s acknowledgement that job evaluation in the country is based on workers’ individual characteristics rather than the value of the positions held. Recalling the importance of implementing objective evaluation methods that measure and compare the relative value of different jobs, the Committee asks the Government to provide a copy of the “Guidelines for Job Evaluation through the Grading Method by Element" revised in 2019 in order to assess whether the criteria used are free from gender bias.

Enforcement. The Government indicates that in 2017, a total of 135,785 regular inspections were conducted at the national level and five violations were found of section 4 of the Labour Standards Act due to gender pay disparity. With regard to the seafarers, no violation of the principle of equal remuneration for men and women workers for work of equal value was found among the 9,518 inspections conducted from April 2017 to March 2018 by mariners labour inspectors. The Government also states that the Employment Environment and Equal Employment Departments (Offices) of the Prefectural Labour Bureaus, as well as the Maritime Safety and Environment Department and Maritime Promotion Department for seafarers provide services such as consultation, guidance and support for the settlement of disputes. Recognizing the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work, the Committee requests the Government to provide information on the development of specific training programmes to enhance the capacity of labour inspector capacity to deal with wage discrimination cases. In addition, the Committee asks the Government to continue providing detailed information on the number of inspections conducted, the nature of the violations detected, the content of the guidance provided and the correctional action ordered by labour inspectors or the courts, in cases of violations of section 4 of the Labour Standards Law. Noting the absence of information on wage disparities in the public sector, the Committee also asks the Government to take the necessary measures to develop the collection of such data.

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

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report. It further notes the observations of the Japan Business Federation (NIPPON KEIDANREN) received on 29 August 2019.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee recalls that the tripartite committee set up by the Governing Body to examine the representation alleging non-observance of the Convention by the Government of Japan concluded that further measures were needed, in cooperation with workers’ and employers’ organizations, to promote and ensure equal remuneration for men and women for work of equal value in law and practice in accordance with Article 2 of the Convention. Thus, in its previous comments, the Committee, while welcoming the adoption of the new Law on the Promotion of Women’s Participation and Advancement in the Workplace (Law No. 64 of 2015) which entered into force on 1 April 2016, urged the Government: (1) to take immediate and concrete action to ensure the existence of a legislative framework clearly establishing the right to equal remuneration for men and women for work of equal value; and (2) to consider requiring additional data on “the ratio of women’s pay to men’s pay” to be collected under Law No. 64 of 2015 on the Promotion of Women’s Participation and Advancement in the Workplace.

As regards the legislative framework, the Committee notes once again the Government’s reference in its report to section 4 of the Labour Standards Act, which provides that “an employer shall not engage in discriminatory treatment of a woman as compared to a man with respect to wages by reason of the worker being a woman” and section 119 which provides for penalties in case of violations. Discriminatory treatment with respect to wages is therefore prohibited when it is based solely on the worker being a woman and also on the general assumption that women’s average length of continuous employment is shorter than that of men. According to the Government, as long as the payroll system does not allow discrimination in wages between men and women based only on the sex of the worker, it meets the requirements of the Convention. The Government states in addition that this interpretation has been retained since the ratification of the Convention by Japan in 1967. Once again, the Government refers to the following laws: (1) the Equal Employment Opportunity Law No.113 of 1972 (EEOL), as last amended by Law No. 92 of June 1997, which prohibits discrimination on the basis of sex in terms of the assignment, promotion, and training of workers, loans for housing and other such fringe benefits, change in job type and employment status of workers, mandatory retirement age, dismissal and renewal of the labour contract (sections 6, 7 and 8); and (2) Law No. 64 of 2015 on the Promotion of Women’s Participation and Advancement in the Workplace under which employers with 301 or more employees have the obligation, among others, to collect and analyse data on the ratio of women and men within the enterprise in areas such as new hires, hours worked, years of service and classification levels. Following the 2019 amendments, Law No. 64 expanded the obligation to employers with over 101 or more employees. The Government further indicates that, as of the end of December 2018, 99.3 per cent of employers with 301 or more full-time employees have developed action plans to foster the full participation of women in the workplace. The Government provides statistics indicating that the ratio of female employees who occupy management positions above the chief class in private enterprises was 8.7 per cent in 2015 and increased to 9.9 per cent in 2018. According to the Government, the wage disparity between men and women has also been narrowing steadily. The ratio of wages of female workers compared to those of men was 73.6 per cent in 2015 and 74.7 per cent in 2017.

The Committee notes that in its observations the NIPPON KEIDANREN indicates that the difference of remuneration between men and women results mainly from the difference of their rank and their length of service. Therefore, it is important to take into consideration that the number of female managers has increased and the disparity based on the length of service has shortened. The Committee also notes that in its observations, the JTUC–RENGO states that the law provides no response in relation to wage disparities between male and female workers based on career track-related management categories, which is a system that permits a gender-based classification system of employment management in which men are viewed as belonging to a main career track and women to a non-career track. It also fails to provide any remedy when an employer is unable to establish rational grounds for occupational gender segregation after prohibiting discrimination based on gender alone. According to the JTUC-RENGO Survey on Gender Equality in Employment, undertaken in 2017, approximately 40 per cent of both male and female respondents answered that they were doing the same jobs but on different career tracks, and approximately 40 per cent of women working in positions restricted to specific regions indicated that there should be no difference in treatment for the same job despite a different career track. JTUC-RENGO reiterates that, in order to ensure the conformity of the national legislation framework with the core principle of the Convention, section 4 of the Labour Standards Act should clearly state the principle of the Convention.

With regard to the Committee’s request to consider adding "the ratio of women's pay to men's pay" as additional data required to be included in the action plans under Law No. 64, the Government indicates that while employers are not required to examine the status of gender disparities in remuneration, they are obliged to examine the level of active participation of women in the workplace, including the differences between men and women in the ratio of management-level employees and length of service, as these elements are considered to be the principal factors of the wage disparity between men and women. According to the Government, such measures will contribute with time to the elimination of horizontal and vertical occupational gender segregation. Regarding the 2019 amendments of Law No. 64, expanding the obligation to collect and analyse data on the ratio of women and men within the enterprise in areas such as new hires, hours worked, years of service and classification levels to employers with 101 or more employees, the JTUC-RENGO considers that the obligation to report on the ratio of female workers should be expanded to small and medium enterprises (SMEs), given that more than 99 per cent of Japanese companies are SMEs, and that the employees of these companies account for approximately 70 per cent of all Japanese workers.

The Committee is bound once again to repeat that the protection against wage discrimination in section 4 of the Labour Standards Act is too limited because it does not capture fully the principle of the Convention, as it does not refer to the element of equal remuneration between men and women for work of equal value which is crucial for an effective application of the Convention. The Committee also recalls that the Equal Employment Opportunity Act, prohibits discrimination in a number of areas such as recruitment, appointment and promotion, but does not directly deal with equal remuneration between men and women for work of equal value. The Committee wishes to highlight once again that the concept of work of equal value lies at the heart of the Convention. It permits a broad scope of comparison, including but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). It follows that the jobs to be compared on the basis of objective factors (such as skills, efforts, responsibilities, conditions of work, etc.) may involve different types of skills, responsibilities or conditions of work that can nevertheless be of equal value in its totality. As such, the principle of the Convention is not equivalent to the principle of non-discrimination as enshrined in section 4 of the Labour Standards Act, which does not encompass the concept of “work of equal value”. The Committee therefore once again urges the Government to take the necessary measures to amend the current legislation with a view to giving full expression to the principle of equal remuneration between men and women for work of equal value enshrined in the Convention. It also reiterates its request to the Government to consider adding the ratio of women’s level of remuneration to men’s as additional data required to be collected by enterprises under the Act on Promotion of Women’s Participation and Advancement in the Workplace, as this information could be used as a warning tool by employers to investigate potential wage discrimination. Please provide detailed information on the activities of the labour inspectorate relating to the promotion and application of the principle of equal pay for men and women, as well as on any court decisions regarding wage discrimination under section 4 of the Labour Standards Act that give effect to the Convention’s principle.

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

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

Article 1 of the Convention. Progress made in the application of the Convention: gender pay gap. The Committee notes from the Government’s report that the wage disparity between men and women narrowed slightly between 2013 and 2015 from women earning 72.7 per cent of men’s average wages to women earning 73.6 per cent of men’s average wages. It further notes from the summary of the White Paper on Gender Equality 2017, issued by the Cabinet Office of the Government in June 2017, that the rate of women’s employment continues to increase, with a rise of 5.3 per cent over the last four years. It further notes that the proportion of women in managerial positions is increasing slightly, although it remains low at approximately 13 per cent. The Committee asks the Government to continue providing statistical information on the gender wage gap in both the public and the private sectors, including statistics covering non-wage workers.

Articles 1 and 2. Legislation. Indirect discrimination. The Committee recalls that neither the Labour Standards Act nor the Equal Employment Opportunity Act protect against indirect gender discrimination affecting salary levels between men and women. It notes the Governments’ indication that indirect discrimination is considered to be a broad concept that could be used in almost all cases and that only a few specific actions have therefore been prohibited and set out in a Ministerial Ordinance of the Ministry of Health, Labour and Welfare (MHLW). The Committee asks the Government to supply copies of the ordinance on agreed measures that constitute illegal indirect discrimination based on sex, as well as information on any further discussions, decisions or actions taken to address indirect discrimination related to all the components of remuneration, and not only wages, received between men and women.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that objective job evaluation methodology is not compatible with the salary system in Japan. The Committee also notes the Government’s acknowledgement that the classification and salary systems used by employers may be implemented based on a fixed perception of the division of roles between men and women and may influence assignments, promotions and personnel evaluations. With respect to its previous comment concerning the Guidelines for Job Evaluation through the Grading Method by Element of 2012 issued by the MHLW, the Government disagrees with JTUC–RENGO’s assessment and emphasizes that the Guidelines are used to grade the contents of duties by each constituent element, that comparisons are based on points and that they are not used as a system to evaluate performance. Nevertheless, the Committee notes that the Guidelines contain criteria such as expertise and suitability of human resources. The Committee notes the report of the Study group on wage disparity between men and women under changing salary and employment systems, and the guidelines developed in response to the report on support for initiatives taken by employers and employees to solve the wage disparity between men and women. The guidelines call for: (1) designing clear, fair and objective salary and employment management systems and securing their transparency; (2) reviewing and improving the handling of salary systems and employment management in terms of their operation, such as allocation of personnel and human resources development; and (3) taking initiatives (positive action) to reduce gaps which are substantially caused by the perception of the division of roles between men and women which are deeply rooted in the workplace with the aim of encouraging enterprises to review their systems voluntarily. The Committee continues to ask the Government to provide information on the measures taken to promote and develop ways in which the salary setting system can incorporate objective job evaluation methodologies, in both the private and public sectors, so as to ensure the possibility of comparing remuneration beyond the same or substantially similar jobs, job types and job classifications. Given the acknowledgement of the impact of persistent stereotypes concerning the roles of men and women on employment decisions, the Committee asks the Government to report on the awareness raising and educational measures taken to better inform employers, employees and supervisors of objective job evaluation and the importance of ensuring that gender bias does not enter into the remuneration system. The Committee asks the Government to specify the status of the guidelines on support for initiatives taken by employers and employees to solve the wage disparity between men and women and to provide information on the manner in which they are recognized, promoted and applied.

Enforcement. The Committee notes the Government’s indication that in 2015 it conducted 133,116 regular inspections and found three violations of section 4 of the Labour Standards Act due to gender disparity, and that corrective action was ordered. It further notes the summaries of judgments in which some courts have found gender discrimination related to remuneration, for example as a result of the job classification system, and others have recognized the reasonableness of job evaluation, although in many cases recognition of the element of reasonableness in section 4 of the Labour Standards Act is found to have provided employers with broad discretion in setting salary rates that impact women and men differently. The Committee notes the observation of JTUC–RENGO that there is inadequate labour inspection on compliance with section 4 and that there have not been any cases of indirect discrimination. The Committee asks the Government to put in place appropriate and effective enforcement procedures and remedies to ensure that the principle of the Convention is respected and to continue to supply summaries of actions by the inspection services and judicial decisions concerning violations of equal pay.

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

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) which were annexed to the Government’s report received on 28 October 2016. It further notes the observations of the National Confederation of Trade Unions (ZENROREN), received on 3 October 2016, the observations of the Japanese Federation of Co-op Labour Unions (SEIKYO–ROREN), received on 24 May 2016, and the observations of Zensekiyu Showa–Shell Labour Union (ZSSLU), received on 8 February 2016.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee recalls the report adopted on 11 November 2011 of the tripartite committee set up by the Governing Body to examine the representation submitted by the ZSSLU (GB.312/INS/15/3). The tripartite committee concluded that further measures were needed, in cooperation with workers’ and employers’ organizations, to promote and ensure equal remuneration for men and women for work of equal value in law and practice in accordance with Article 2 of the Convention, and to strengthen the implementation and monitoring of the existing legislation and measures, including measures to determine the relative value of jobs (paragraph 57).

Articles 1 and 2. Work of equal value. Legislation. The Committee recalls that for a number of years it has been pointing out that section 4 of the Labour Standards Act, which provides that “an employer shall not engage in discriminatory treatment of a women as compared to a man with respect to wages by reason of the worker being a women”, does not fully reflect the principle of the Convention. The Government once again expresses the view in its report that it considers the requirements of the Convention to be met as long as the payroll system does not allow discrimination in wages between men and women solely on the basis of the worker being a women. The Committee is bound once again to observe that the protection against wage discrimination in section 4 is too limited because it does not capture the concept of “work of equal value” which is fundamental to the full application of the Convention. The Committee notes that JTUC–RENGO, ZENROREN and ZSSLU all hold the view that section 4 is inadequate to protect against the gender-based wage discrimination that exists in the country and that guidance on the interpretation of section 4 does not help address the indirect discrimination, for example based on job classifications, that constitutes a substantial cause of the gender pay gap. According to JTUC–RENGO, the law reflects Government policy to promote only equal pay for equal work between men and women, and does not address the gender pay gap resulting from job ratings, job types or employment status. The Committee also recalls that the Equal Employment Opportunity Act, which prohibits discrimination in recruitment, appointment and promotion, does not prohibit discrimination in remuneration.

The Committee notes the adoption of a new Law on the Promotion of Women’s Participation and Advancement in the Workplace (Law No. 64 of 2015) which entered into force on 1 April 2016. This Law calls on national and local government agencies and private sector employers with over 300 employees to: collect and analyse data on the ratio of women and men within the enterprise in areas such as new hires, hours worked, years of service and classification levels; and formulate and announce enterprise-level action plans containing quantitative targets and actions for their achievement within specified timeframes. The Act also provides for incentives and certification of companies that are proactive in the promotion of women. The Government considers that through the steady implementation of the Act, the ratio of women in management positions will increase and the disparity between men and women in the number of years of service will be diminished, thereby reducing the gender wage disparity which it believes is caused significantly by these two factors. From the Government’s report and the summary of the White Paper on Gender Equality issued by the Cabinet Office of the Government in June 2017, the Committee notes the information on the implementation of Act No. 64 of 2015, in both the public and private sectors, as well as other measures taken to encourage women’s participation in employment and to support the reconciliation of work and family responsibilities. While the Committee welcomes the new Act and hopes that it will serve to enhance the position of women in employment, particularly in career track and management positions, it notes that the Act is implemented through voluntary compliance, without the requirement for labour–management dialogue; the setting of goals and targets is also left to the discretion of each company without any encouragement to employers to address the pay scales of women and men based on the principle of equal remuneration for work of equal value. The Committee is taking up other aspects of the Act concerning the balancing of work and family responsibilities in its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156).

Given that the wage disparity between men and women narrowed only very slightly between 2012 and 2015 with a remaining wage gap of 26.3 per cent, the Committee once again urges the Government to take immediate and concrete action to ensure the existence of a legislative framework clearly establishing the right to equal remuneration for men and women for work of equal value. The Committee asks the Government to continue providing detailed information on the measures taken and progress achieved in this regard, as well as information on the application of the existing legislation which has a demonstrated impact on equal remuneration between men and women, including any administrative guidance issued. Noting the Government’s reliance on the implementation of the new Law on Promotion of Women’s Participation and Advancement in the Workplace to improve the employment situation of women in practice, the Committee asks the Government to consider adding “the ratio of women’s pay to men’s pay” as additional data required to be collected under the Act, analysed and included in the announced action plans. The Committee asks the Government to continue stepping up its efforts to tackle all the areas that directly and indirectly contribute to the significant gender pay gap, including horizontal and vertical occupational gender segregation.

Non-regular employment: part-time and fixed-term employment. The Committee notes that the majority of women continue to be employed in non regular employment (part-time or fixed-term) and the majority of men continue to be employed in regular employment. The Government provides statistics indicating that 70 per cent of part-time workers are women. Women who work fewer than 35 hours a week represent 46.7 per cent of the total number of female employees. In its observations, ZENROREN points out that the number of non regular workers is increasing, that the ratio of women to men non-regular workers is rising in certain fields, and that there are many women who wish to return from childbirth or childrearing into regular employment. It points to the low wages of non-regular employees in relation to their job content and indicates that there are no systems in place to correct the wage gaps between non regular employment female dominated occupations and positions in regular employment. The Committee considers that the difference of treatment between regular and non-regular employment with respect to remuneration impinges on the application of the Convention. It notes that a number of initiatives have been taken to address issues related to non-regular employment, including amendments to the Part-time Workers Act, the Labour Contracts Act, the Dispatched Workers Act and the preparation of new equal pay legislation and guidance on equality between non-regular and regular employment. The ZSSLU indicates that the current reviews of non-regular work under these Acts do not take into account the gender discrimination dimension, nor are they aimed at tackling the structural gender inequalities created through the different treatment of regular and non-regular employment. The ZENROREN is of the view that the principle of equal treatment between regular and non-regular workers is still not applied. The ZSSLU questions whether the changes in the organization of dispatched workers, pursuant to the amendment of 2015 to the Dispatched Workers Act, will help address the disparities faced by these workers, many of whom are women. It believes that the provision of the Labour Contracts Act that requires the elimination of unreasonable discrepancies between workers with indefinite and fixed-term contracts may not be fully adequate for dispatched workers. ZSSLU further notes that the new equal pay legislation only guides policy and does not ensure any rights of workers, nor does it provide for appraisals of the value of jobs. Recalling that the Convention applies to both regular and non-regular employment, and taking into account the gender dimension of the employment structure, including the high number of women in part-time work and the resulting impact on the gender pay gap, the Committee asks the Government to provide information on the measures taken to address the undervaluation of female dominated occupations, to facilitate objective job evaluations and adjust remuneration levels across regular and non-regular employment classifications in both the public and private sectors, and on the measures taken to improve women’s opportunities to enter and re-enter regular employment. The Committee understands that new draft guidelines on the employment of regular and non-regular workers are under development and asks the Government to supply a copy of the guidelines when they have been adopted and information on the measures taken to promote their application in practice. The Committee also asks the Government to continue providing statistics, disaggregated by sex, on participation and salary levels of men and women in temporary work, dispatch labour, as well as part-time, fixed term and full-time indefinite employment.

Part-time work. Further to its previous comments on part-time work, the Committee recalls the adoption of Act No. 27 of 2014 to amend the Part-time Workers Act, which extended the protection against discriminatory treatment to fixed-term, as well as indefinite duration contracts, where disparities are considered to be unreasonable. It further recalls that the provisions of the Part-time Workers Act before the revision were very limited and had little impact on women in part time work. The Government indicates that the most recent revision should have the effect of improving the treatment and increasing the wages of part-time workers and that the Ministry of Health, Labour and Welfare is actively promoting the Act by providing advice to employers, but that no statistics on the impact of the Act are yet available. The JTUC–RENGO and SEIKYO–ROREN, however, question whether the revision will be sufficient to have a positive impact on gender equality and the JTUC–RENGO believes that guidelines are needed to clarify the interpretation of new section 8 concerning which disparities would not be permitted.

With respect to temporary and part-time local government officials, the Committee notes that women continue to be concentrated in temporary and part time positions in local government and that job categories are highly gender segregated. The Committee notes that in 2012 women represented 57.3 per cent of temporary part-time staff in prefectures, 68.7 per cent in the Cabinet Office and 80.3 per cent in municipalities, where they were highly concentrated in occupations such as general office workers, nurses, childcare professionals and school cooks. It notes the Government’s indication that local governments shall, under the terms of the notification of the Ministry of Internal Affairs and Communications of 4 July 2014, continue to ensure the treatment of temporary and part time employees in accordance with the content of their duties and responsibilities. JTUC–RENGO observes that these workers are subject to different criteria for appointment on each workplace, even where the job types and work duties are the same. To resolve the confusion, it calls on the Government to undertake a survey of job types and work duties and to establish a framework for revising the pay scales of local government organizations. The Committee asks the Government to provide information on how section 8 of the Part-time Workers Act has been interpreted, including any guidance issued, and its impact on part-time workers, including the number of men and women whose treatment and wage rates have changed as a result of the amendment. Noting that the amendment to the Labour Contracts Act on the right to request conversion from fixed-term to indefinite employment will come into effect in 2018, the Committee asks the Government to provide information on the conversions that have been requested, including from part-time to full-time, and from fixed-term to indefinite positions, and to provide this statistical information disaggregated by sex. The Committee also requests the Government to provide information on the measures taken to address the issues raised by JTUC–RENGO with respect to the classification of jobs in the local public service.

Career-tracking systems. Further to its previous comments, the Committee reiterates its concern at the impact on pay disparity between men and women of the career-tracking system introduced by the employment management categories in the context of Guidelines issued under the Equal Employment Opportunity Act (EEO), due to the low representation of women in the main (integrated) career track. The Committee notes the observations of JTUC–RENGO that this system permits a gender-based classification system of employment management in which men are viewed as belonging to a main career track and women to a non-career track. The Committee notes that the EEO Guidelines were revised in 2014 to provide additional examples of how to manage the differences of treatment in the two tracks in accordance with the law. The Committee notes that both JTUC–RENGO and ZENROREN believe that the Guidelines only encourage the gender pay gap. The ZSSLU is of the view that these classifications limit the promotion and employment opportunities of women and are more responsible for the wage disparity than years of service. It adds that, despite the Guidelines, broad discretion is left to companies for the classification of employment management categories; that jobs should be objectively evaluated and compared across career tracks and not only within tracks; and, that mobility requirements should not be the determining element for placement in the integrated career track. In this regard, the Committee welcomes the consensus reached by the Government and representatives of employers and employees to widen the scope of unlawful indirect discrimination, in order to provide that transfers cannot be a requirement in recruitment, employment, promotion or change in job type, without reasonable grounds. The Committee also notes from the summary of court cases in the Government’s report that the different employment management categories continue to operate in practice, at least in some cases, and have the effect of perpetuating gender-based salary classifications, and are not based on skills or job-related inherent requirements. Given the persistently low representation of women in the main career track and the consequent impact on pay disparity, the Committee urges the Government to step up its efforts to increase the percentage of women in the integrated career track, including both new hires and conversions from the general track, and to provide information on any measures taken to promote objective job evaluations across the tracks. The Committee also requests the Government to provide information on the impact of the changes on the widening of the scope of prohibited indirect discrimination based on transfer requirements and the manner in which the concept of “reasonableness” has been interpreted.

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

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes from the Government’s report that according to the 2012 Basic Survey on Wage Structure (BSWS), the general disparity in hourly scheduled cash earnings between full-time male and female workers has been narrowed to 27.8 per cent in 2012 (28.1 per cent in 2011). Disparities in wages by industry range from 40.6 per cent in finance and insurance to 16.6 per cent in “other” services. The Committee notes that the Japanese Trade Union Confederation (JTUC–RENGO) asserts that the BSWS does not cover non regular workers, of whom 68.3 per cent are women. The JTUC–RENGO indicates that, according to a 2012 report of the Organization for Economic Cooperation and Development, the gender pay gap in Japan is 29 per cent (40 per cent among workers who are 40 years old or more and 61 per cent among workers with children). The Committee also notes that no statistical data has been provided on the public sector. The Committee asks the Government to provide statistical information on the gender wage gap both in the public and the private sectors, including statistics covering non-regular workers.

Indirect discrimination. The Committee recalls that pursuant to the Enforcement Regulations under the Equal Employment Opportunity Law (EEOL), indirect discrimination is prohibited only in three circumstances. In this regard, it notes the Government’s indication that discussions will continue on the revision of the EEOL, including indirect discrimination, and that as of May 2013, no court case had found indirect discrimination. The Committee notes the JTUC RENGO’s indication that, during the meetings of the Employment Equality Subcommittee of the Labour Policy Council of the Ministry of Health, Labour and Welfare, it insisted on the need to clarify legally the concept of indirect discrimination; several requirements should be identified as being indirect discrimination, including being the head of the household to receive family benefits. The Committee was made aware of the amendment of the Enforcement Regulations under the EEOL on 24 December 2013, which seems to extend the scope of the prohibition of indirect discrimination. The Committee asks the Government to provide detailed information on the amendment to the Enforcement Regulations under the EEOL and its impact on closing the gender pay gap, and to indicate how it ensures that there is effective protection against all forms of indirect discrimination regarding remuneration. The Committee once again asks the Government to indicate whether any consideration is being given to prohibiting indirect discrimination with respect to social security benefits.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that, even in cases where a wage system based on job evaluation is adopted, enterprises combine this system with a wage system based on the individual ability to perform the job. According to the Government, objective job evaluation in order to determine wages is not considered to fit the wage system in Japan. The Government acknowledges however that in some cases, the system is insufficiently designed to avoid ambiguity with respect to the criteria for promotion and staff evaluation, and does not always prevent potential gender bias, when implemented. In this respect, the Government indicates that the Manual on implementing job analysis and job evaluation issued in 2010 was using a simple comparison method, and that the Guidelines for job evaluation by breakdown method were published in 2012 to enable the comparison between the duties of part-time workers and regular workers. An introduction to job analysis and job evaluation in the guidelines is being encouraged in seminars for employers and through information posted on the Internet. The Committee notes however that the JTUC–RENGO stresses that in the guidelines, the evaluation aims at measuring the worker’s individual abilities and is not based on objective factors, including job duties and working conditions. According to the organization, research on and development of an objective and gender neutral job evaluation method is therefore urgently needed in the current process of reviewing the EEOL. The Zensekiyu Showa–Shell Labour Union also insists that the issue of gender neutral and objective job evaluation is often confused with the evaluation of the ordinary skills of workers, even in the policy debate among employers’ and employees’ organizations, and calls for more information and training on this issue. Recalling that the Government may avail itself of the technical assistance of the ILO in this respect, the Committee asks the Government to provide information on the measures taken to promote and develop objective job evaluation, both in the private and the public sectors, so as to ensure the possibility of comparing remunerations beyond the same or substantially the same jobs, including information on awareness-raising activities among workers, employers and their organizations and the public in general.

Enforcement. The Committee notes the Government’s indication that 132,829 regular inspections were conducted by the Labour Standards Authority in 2011, and only two violations of section 4 of the Labour Standards Law were reported. The Committee asks the Government to continue to provide detailed information on the nature of the violations, the content of the guidance provided and the correctional action ordered by labour standards inspectors in cases of violation of section 4 of the Labour Standards Law. It also once again asks the Government to provide information on the labour inspectorate, especially the concrete methodologies and the guidance provided to labour standards inspectors to enable them to identify instances of wage discrimination where men and women are engaged in jobs which are of a different nature, but which are nonetheless of equal value.

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

The Committee notes the observations of the Zensekiyu Showa-Shell Labor Union received on 17 December 2012, to which the Government replied in its report, as well as the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were annexed to the Government’s report received on 30 September 2013. It further notes the observations received on 6 August 2013 from the Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers as well as the observations of the National Confederation of Trade Unions (ZENROREN), received on 25 September 2013.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee recalls the report adopted on 11 November 2011 of the tripartite committee established by the Governing Body to examine the representation submitted by the Zensekiyu Showa–Shell Labour Union (GB.312/INS/15/3). The tripartite committee concluded that further measures were needed, in cooperation with workers’ and employers’ organizations, to promote and ensure equal remuneration for men and women for work of equal value in law and practice in accordance with Article 2 of the Convention, and to strengthen the implementation and monitoring of the existing legislation and measures, including measures to determine the relative value of jobs (paragraph 57).

Articles 1 and 2 of the Convention. Work of equal value. Legislation. For a number of years, the Committee has been pointing out that section 4 of the Labour Standards Law, which provides that “an employer shall not engage in discriminatory treatment of a woman as compared to a man with respect to wages by reason of the worker being a woman”, does not fully reflect the principle of the Convention. The Government indicates that in order to clarify the interpretation of section 4 of the Labour Standards Law, the related Notification was revised in December 2012, and some court cases relating to section 4 of the Labour Standards Law were added as references. A brochure of relevant court cases was also prepared for employees to verify whether their payroll system had substantial gender discrimination. The Government reiterates that as long as the payroll system does not allow any discrimination in wages between men and women only by reason of the worker being a woman, it is considered to meet the requirements of the Convention. While noting the Government’s views, the Committee is bound to reiterate that only prohibiting sex-based wage discrimination does not capture the concept of “work of equal value”, which is fundamental to tackling occupational sex segregation in the labour market (see General Survey on the fundamental Conventions, 2012, paragraphs 673–676). The Committee also notes the views expressed by Zensekiyu Showa–Shell Labor Union, Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers that the principle of equal remuneration for work of equal value is not considered as a principle that directly regulates employment relations, thereby creating a significant barrier to pay equity. In addition, JTUC–RENGO observes that the Government’s interpretation of section 4 of the Labour Standards Law in the Notification limits the scope of the discrimination to be eliminated and does not directly deal with equal remuneration for men and women for work of equal value. The organization reiterates its request for the inclusion of a clause prohibiting wage discrimination based on sex in the Equal Employment Opportunity Law (EEOL), and for “sex” to be added as a ground of discrimination in section 3 of the Labour Standards Law. The Committee once again urges the Government to take immediate and concrete measures to ensure that there is a legislative framework clearly establishing the right to equal remuneration for men and women for work of equal value and appropriate enforcement procedures and remedies. The Committee asks the Government to provide detailed information on the measures taken and the progress achieved in this regard, as well as information on any revision of the current labour legislation which could have an impact on equal remuneration for men and women, and on any judicial or administrative decisions relating to equal pay.

Practical measures to address the gender pay gap and promote gender equality. The Committee notes the detailed information provided by the Government regarding the measures taken to address the differences between men and women in employment positions and in the number of years of employment through positive action and support for the reconciliation of work and family responsibilities. Noting that the gender pay gap remains significant (27.8 per cent in 2012), the Committee asks the Government to step up its efforts to encourage enterprises to take positive measures aimed at narrowing the gender pay gap, including regarding the access of women to managerial positions and the reconciliation of work and family responsibilities for both men and women on an equal footing. The Government is requested to report on the measures taken and the results achieved.

Non-regular employment: Part-time and fixed-term employment. The Committee has previously noted that in Japan “non-regular employment” refers to part-time and fixed-term work. With respect to part-time employment, the Committee notes from the Labour Force Survey of 2012 that women workers constituted 69.2 per cent of all part-time workers. According to the JTUC–RENGO, the wages and working conditions of many part-time workers remain at low levels and their wages hardly increase with their age or length of service. The Committee recalls section 8 of the Part-Time Workers Law, which prohibits discriminatory treatment in the determination of wages only in the case of part-time workers who meet specific criteria: their job descriptions and the level of responsibilities are equal to those of regular workers; they have concluded an employment contract for an indefinite period; and, during the contract period, any change in their job description or assignment corresponds to what a regular worker could also expect. The Committee notes that, according to ZENROREN, an official survey showed that, due to these criteria, in practice only 1.3 per cent of part-time workers enjoy equal treatment with their full-time counterparts. JTUC–RENGO reiterates its calls for the revision of section 8 on equal treatment and the inclusion of a provision concerning the payment of divisible benefits with monetary value to part-time workers. In its report, the Government indicates that legislative measures will be taken to amend the provisions prohibiting discriminatory treatment. The Committee notes with interest the adoption of Law No. 27 of 2014 to amend the Part-Time Workers Law. Law No. 27 amends several provisions, including section 8(1) on the prohibition of discrimination so as to remove the requirement relating to the conclusion of a contract for an indefinite period of time, and therefore extends the prohibition of discriminatory treatment to part-time workers with a fixed-term contract who fulfil the two remaining criteria. Recalling that the Convention applies to both full-time and part-time workers, the Committee asks the Government to provide detailed information on the content and scope of the amendments to the Part-Time Workers Law and their impact on the situation of part-time workers with respect to remuneration, including the proportion of part-time men and women workers now covered by the prohibition of discrimination. The Committee also asks the Government to continue taking measures to ensure that part-time workers and full-time workers are treated equally with respect to the principle of the Convention. The Committee once again asks the Government to provide information on the results achieved in practice in promoting conversions from part-time status to regular status, and to continue providing statistical information disaggregated by sex on the number of part-time workers.

The Committee notes that, according to the Zensekiyu Showa–Shell Labor Union, the disparities in wages between men and women are connected to disparities in working conditions, including seniority, between workers in regular and non regular employment, with women being concentrated in the latter. With respect to fixed-term employment, the Committee notes that the amendment of the Labour Contract Law adopted in August 2012 and in force since April 2013, provides for a mechanism requiring the employer to convert fixed-term employment contracts into employment contracts for an indefinite period at the employee’s request when fixed-term contracts are renewed repeatedly for more than five years. It also prohibits the termination of fixed-term employment contracts under “certain circumstances”, as well as the imposition on fixed-term workers of working conditions that are “unreasonably different” from those of workers under contracts for an indefinite period. In this respect, the Committee notes the Government’s reply to the Zensekiyu Showa–Shell Labor Union that “unreasonably different” working conditions are determined taking into account job descriptions (duties and level of responsibilities), scope of duties, job rotation and other factors. The Committee also notes that JTUC–RENGO asserts that there are many cases in which employers set different wage standards for fixed-term workers. For its part, ZENROREN expresses concern that, since the working conditions (duties, place of work, salary, hours of work, etc.) applied to a fixed-term worker will not change after the conversion of his or her contract, unless a separate contract is signed to that effect, the existing pay gap will persist between workers with an indefinite contract and fixed-term workers whose work is identical but who are treated differently in terms of place, hours of work and employment management category. In addition, the Committee notes that, according to JTUC–RENGO and ZENROREN, concerns remain regarding compliance with the new provisions by employers who want to avoid conversion into definitive contracts. The Committee asks the Government to take the necessary measures to monitor closely the effect of the new provisions of the Labour Contract Law concerning the conversion of fixed-term contracts into contracts for an indefinite period of time so as to ensure that the mechanism put in place does not have adverse effects on the situation of fixed-term workers, including women workers, with respect to remuneration. The Committee also asks the Government to clarify the meaning, in the amendment of the Labour Contract Law, of the terms “unreasonably different working conditions” and to specify the “circumstances” under which the employer is prohibited to terminate (or not renew) a fixed-term contract, including any interpretation given by the courts.

The Committee further notes the detailed statistical information provided by the Government showing that, as of 1 April 2012, there was a total of 603,582 temporary and part-time officials in local governments, of whom 74.2 per cent were women and that job categories are highly segregated by gender. According to the Government, since 24 April 2009, local governments are regulated by a notification explaining the system related to temporary and part-time employees. The Government indicates that further information will be provided in this respect. JTUC–RENGO underlines the precarious situation of such workers, 65 per cent of whom are paid on a daily or weekly basis and 39.6 per cent continue to work for less than one year (while 31.7 per cent work for three years or longer and 17.8 per cent for five years or longer). The trade union also stresses that the absence of provisions in the Local Autonomy Law and the Local Public Service Law regarding temporary and part-time workers in the public sector makes their status unclear; they have little access to commuting allowances, regular medical examinations and bereavement leave, although they are usually engaged in jobs similar to those of regular workers. JTUC–RENGO also indicates that in May 2013 the Alliance of Public Service Workers Unions (APU) submitted to the Diet a bill to amend partially the Local Autonomous Law with a view to ensuring the entitlement to various allowances, on the basis of municipal ordinances, of part-time employees who are equivalent in their working conditions to full-time employees or are in official posts with shorter working hours. The Committee asks the Government to indicate the manner in which the remuneration of local government non-regular employees is determined, in comparison to the remuneration of officials in regular employment, and how it ensures that officials performing work of equal value receive equal remuneration, regardless of their employment status. Please also continue to provide information disaggregated by sex on the number of temporary and part-time officials in local authorities at the prefectural and municipal levels.

Career-tracking systems. The Committee recalls once again the impact of the career-tracking system, which introduced “Employment Management Categories” in the guidelines under the Equal Employment Opportunity Law (EEOL) on the continuing wage disparity between women and men due to the low representation of women in the main (integrated) career track. The Government indicates that the proportion of women who were counted as prospective employees in the main career track remains low (11.6 per cent) and enterprises employing a small number of women in the main career track are advised to expand their recruitment. It adds that the issue of guidance on career tracking systems has been discussed in the Tripartite Advisory Council, and acknowledges that workers with family responsibilities have difficulties in continuing working or taking such posts. In this connection, the Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers emphasize that, given the wide power of the employer over reassignment and relocation, workers who need to balance work and family life are excluded from the system. The Committee notes that JTUC–RENGO, reiterating the concern that the issue of gender discrimination under the EEOL is only examined within each employment management category, thereby preventing the possibility to compare and evaluate jobs in different employment categories, continues to call for the abolition of employment categories. The Committee was made aware of and welcomes the adoption on 24 December 2013 of guidelines for employers who implement the “Employment Management Categories”. The Committee asks the Government to provide detailed information on the newly adopted guidelines on the Employment Management Categories and their impact on the assignment of women to the main career track and consequently on the gender disparities in wages. The Committee also asks the Government to take concrete measures to evaluate the impact of career-tracking systems on the wage disparities between men and women and to ensure that they do not constitute an obstacle to the right of men and women to equal remuneration for work of equal value.

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

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), dated 29 August 2011 which were annexed to the Government’s report received on 17 October 2011.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution). The Committee notes the report adopted on 11 November 2011 of the tripartite committee established by the Governing Body set up to examine the representation submitted by the Zensekiyu Showa-Shell Labour Union (GB.312/INS/15/3). The tripartite committee noted that the representation raised two main issues: (i) whether section 4 of the Labour Standards Law No. 49 of 1947 and the Equal Employment Opportunities Law (EEOL) No. 45 of 1985 gave effect to the principle of equal remuneration for men and women for work of equal value; and (ii) whether the Labour Standards Law and the EEOL had been implemented in practice so as to give effect to this principle (paragraph 43). The tripartite committee concluded that further measures were needed, in cooperation with workers’ and employers’ organizations, to promote and ensure equal remuneration for men and women for work of equal value, in law and practice, in accordance with Article 2 of the Convention, and to strengthen the implementation and monitoring of the existing legislation and measures, including measures to determine the relative value of jobs (paragraph 57). The tripartite committee entrusted this Committee with following up the matters raised in the report (paragraph 58).

Work of equal value. Legislation. The Committee had previously noted that section 4 of the Labour Standards Law did not reflect fully the principle of the Convention. The Committee recalls that section 4 provides that “an employer shall not engage in discriminatory treatment of a woman, as compared to a man with respect to wages, by reason of the worker being a woman”, and it asked the Government to take steps to amend the legislation to provide for the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Governing Body tripartite committee concluded that the EEOL, while addressing aspects that might affect wage determination, did not directly deal with equal remuneration between men and women for work of equal value. With respect to section 4 of the Labour Standards Law, the tripartite committee concluded that it did not on its face encompass the concept of “work of equal value” (paragraph 47), and that it did not appear that section 4 was being applied in practice to different job categories, types of jobs, and between employment management categories (paragraph 52). With respect to the interpretation by the courts of the Labour Standards Law, it was found that section 4 had been applied to different tasks and occupations in only a limited number of cases, namely two district court decisions (paragraph 50). The Committee also notes that the JTUC–RENGO calls for the inclusion of a clause prohibiting wage discrimination based on sex in the EEOL, and for “sex” to be added as a ground of discrimination in section 3 of the Labour Standards Law, which prohibits discrimination in wages, working hours and other working conditions by reason of nationality, faith or social status.

The Committee draws the Government’s attention to its General Survey on the Fundamental Conventions, 2012, noting that only prohibiting sex-based wage discrimination generally will not normally be sufficient to give effect to the Convention, because such a prohibition does not capture the concept of “work of equal value” (see General Survey, 2012, paragraph 676). In the General Survey, the Committee also called on countries that retain legal provisions that are narrower than the principle laid down in the Convention, in that they do not give expression to the concept of “work of equal value”, to amend their legislation, noting that more narrowly expressed provisions hinder progress in eradicating gender-based pay discrimination (see General Survey, 2012 paragraph 679). The Committee also recalls the high and persistent gender pay gap in Japan, which, based on the most recent information provided by the Government, is 29.4 per cent. The Committee considers that an important component in addressing such a significant gender pay gap will be the development of a clear legislative framework specifically providing for equal remuneration for men and women for work of equal value and for accessible procedures and remedies. The Committee urges the Government to take concrete measures to ensure that there is a legislative framework clearly establishing the right to equal remuneration for men and women for work of equal value and accessible procedures and remedies. The Committee asks the Government to provide detailed information on the measures taken and progress achieved in this regard.

Assessment of the gender pay gap. The Committee notes the statistical information provided by the Government concerning the evolution between 2008 and 2010 of the disparity in hourly scheduled cash earnings between male and female workers, and concerning the same disparity by industry and by occupational group. The results of the Basic Survey on Wage Structure of 2011 show that, as of 2011, the average scheduled cash earnings (regular salary) of female “general workers” were 70.6 per cent of that of male workers (a pay gap of 29.4 per cent), and that considerable differences remain between industries and occupational groups (a pay gap of 45.5 per cent in the finance and insurance sector, and a pay gap of 36.3 per cent in the manufacturing sector). The Committee also notes that the Government does not provide statistical information concerning the public sector. The Committee asks the Government to continue to provide statistical information on the earnings of men and women and the evolution of the gender pay gap, and to include such information for both the public sector, including local government, and the private sector.

Practical measures. The Committee recalls that Guidelines for reducing the gender pay gap: measures to be taken by workers and employers, were issued by the Ministry of Health, Labour and Welfare (MHLW) in August 2010 (the Guidelines). According to the Guidelines, while sex discrimination is not part of the design of the institutional framework, the employment management system in practice contributes to the gender difference in recruitment and assignment. The Guidelines propose the following measures: (i) review of the wage and employment management system; (ii) review of the operation of the wage and employment management system; and (iii) promotion of positive action. The Committee also notes the “Supporting tools for increasing visibility of the gender pay gap” attached to the Guidelines. The Committee also notes that under the Third basic plan for gender equality adopted in December 2010, securing equal opportunity and equal treatment between men and women in employment constitutes one of the priority areas. In particular, the Third basic plan set out, as one of its main objectives, the promotion of measures to secure equal opportunity and equal treatment in employment between men and women, including measures to resolve the gender pay gap in line with the Convention. Other objectives include facilitating employment for non-regular workers and promoting positive action. The Committee notes that the Government indicates that under the Third basic plan a target is set for increasing the number of enterprises that implement positive action to reach over 40 per cent by 2014, and for increasing the number of women in managerial positions (section chief or higher) in the private sector, which stood at 6.5 per cent in 2009, to approximately 10 per cent by 2015. The Government also refers to other measures being taken to support work–life balance, such as reviewing the current working patterns, including those of men, as well as encouraging men to take part in childcare and family chores. In this connection, the Committee notes the observation of JTUC–RENGO that awareness-raising activities by the Government concerning the Guidelines have not been sufficient. With regard to equal treatment between fixed-term workers and regular workers, the Committee recalls the MHLW’s Guidelines concerning the improvement of the employment management for fixed-term employees of 29 July 2008. The Committee notes from the MHLW Survey on fixed-term contracts that in 2009, female workers constituted 66.8 per cent of all fixed-term workers. The Committee also notes that the Report of the study group on fixed-term employment contracts published in September 2010 proposes measures to ensure stable employment and equal treatment for fixed-term workers, including considering a requirement for employers to establish systems allowing conversion of fixed-term status to regular status. The Committee asks the Government to provide information on the following:

• (i) specific measures taken to implement the proposals set out in the Guidelines for reducing the gender pay gap, including the promotion of positive action, and the results achieved;
• (ii) concrete steps taken to increase awareness and understanding of the Guidelines;
• (iii) progress made in achieving the targets under the Third basic plan on gender equality;
• (iv) action taken to follow-up on the recommendations of the Report of the study group on fixed-term employment contracts, and the results achieved; and
• (v) any other measures taken to reduce the gender pay gap.

Part-time work. The Committee notes from the Labour Force Survey in 2010 of the Ministry of Internal Affairs and Communication that the rate of part-time workers (those who work less than 35 hours per week) among all the workers was 26.6 per cent. The rate of male part-time workers was 14.6 per cent among male workers, while it was 43 per cent for female workers. Female workers constituted 68.3 per cent of all the part-time workers. The Committee recalls section 8 of the Part-time Workers Law, which prohibits discriminatory treatment concerning the determination of wages only in the case of part-time workers who meet specific criteria: their job descriptions and the level of responsibilities are equal to those of regular workers; they have concluded an employment contract for an indefinite period; and during the contract period, any change in their job description or assignment corresponds to what a regular worker could also expect. The Committee notes that JTUC–RENGO cites statistics indicating that the protection against discriminatory treatment under section 8 of the Part-time Workers Law was applicable to only 0.1 per cent of all part-time workers in 2010, and reiterates the need for an amendment of this Law to extend the protection against discrimination to all part-time workers. The Committee also notes that a report of the Working Group on Employment Equality of the MHLW Council of Labour Policy, dated 21 June 2012, proposes possible amendments to section 8 of the Part-time Workers Law. The Committee recalls the Basic Policy on Measures for Part-time Workers 2008–12 (Public Notice of the MHLW No. 280 of 14 April 2008), which makes reference to promoting conversions to full-time jobs (section 2(3)(3) of the Basic Policy). The Government indicates that 48.6 per cent of business enterprises which employ part-time workers were taking measures to promote conversion of part-time status to regular status according to section 12 of the Part-time Workers Law, and that 39.9 per cent of the enterprises had actually applied such measures from 2007–10. In this connection, JTUC–RENGO indicates that less than 25 per cent of all business enterprises are employing workers who actually converted their status to that of regular workers. The Government also indicates that “balanced treatment and conversion to regular workers promotion planners” have been assigned to equal employment offices, and that in the fiscal year 2010, the planners visited 10,840 workplaces and provided advice regarding this matter. In the same year, the equal employment offices provided administrative guidance concerning conversion of status to regular workers in 7,193 cases, among which corrections or improvements were made in 6,748 cases. The Committee asks the Government to continue to provide information on the implementation of the Part-time Workers Law, including statistical information on the proportion of male and female part-time workers. The Committee also asks the Government to indicate the impact of the Part-time Workers Law in narrowing the gender pay gap, and to indicate any progress made in revising section 8 of the Law to extend its coverage. It also asks the Government to provide information on the results achieved in promoting conversions from part-time status to regular status.

With respect to temporary and part-time officials in local governments, the Committee recalls the high proportion of female temporary and part-time workers, particularly among medical and caretaking staff. The Committee notes the Government’s indication that extending the protection provided to private sector part-time workers to part-time workers in local governments would be difficult because the working conditions of the part-time workers in local governments are determined through a different structure of laws and ordinances, etc. The Government also indicates that in order to implement the notification of the Secretary General of the National Personnel Authority (NPA) (No. 1064 of 26 August 2008) concerning wages of part-time staff, regulated under section 22(2) of the Act on Wages of the General Service Staff, the NPA examined in 2009 the measures taken by respective ministries and agencies. The NPA found that all the ministries and agencies had established provisions on the wages of part-time employees and that the basic wages of part-time employees had reached the level provided in the notification in most of the ministries and agencies. The Committee also notes the Report of the Ministry of Internal Affairs and Communication of 23 January 2009 of the study group on short-time service of local public servants. This Report points out that while wages and reimbursement of expenses are provided for part-time officials, allowances or temporary grants should not be provided for part-time officials without any clear basis in the ordinances, etc. The Committee asks the Government to provide information on the number of temporary and part-time officials in the local authorities, disaggregated by sex, as well as on any follow-up measures to the 2009 Report of the study group on short-time service of local public servants including the results of the studies conducted. It also asks the Government to indicate the complaint mechanism for temporary and part-time officials in the local authorities, as well as the details of such complaints, concerning wages and reimbursement of expenses with a view to ensuring equal remuneration for men and women for work of equal value.

Indirect discrimination. The Committee notes the information provided by the Government concerning the number of queries and complaints made in relation to section 7 of the EEOL providing for measures to be identified that are considered to be indirect discrimination, and relevant court decisions. The Committee recalls that the review of the Enforcement Regulations under the EEOL was to take place in 2012, and notes the Government’s indication that a tripartite advisory council is reviewing the necessity for the revision of the EEOL. The Committee notes the observation by JTUC–RENGO that the requirement of being a “head of a household” in order to qualify for social security benefits should fall under discrimination to be prohibited. In response, the Government indicates that companies adopt wage systems based on the idea that companies guarantee the livelihood of workers. The Committee hopes that the Enforcement Regulations under the EEOL will be reviewed at the earliest opportunity, in consultation with the workers’ and employers’ organizations, with a view to ensuring that there is effective protection against all forms of indirect discrimination regarding remuneration, and it requests information on progress made in this regard. Please also continue to provide information on the application of section 7 of the EEOL and section 2 of its Enforcement Regulations, including any complaints received and relevant court decisions, including those addressing measures beyond the three determined to be indirect discrimination in the Enforcement Regulations. It further asks the Government to indicate whether any consideration is being given to prohibiting indirect discrimination with respect to social security benefits.

Career-tracking systems. The Committee recalls once again the impact of the career-tracking system on the continuing wage disparity between women and men, due to the low representation of women in the main career track. According to the survey by the MHLW, in 2008, the rate of women among those newly recruited for the “main decisive jobs with the possibility of relocation” track was 16.9 per cent, while the rate of women among the recruited for the “routine work without the possibility of relocation” track was 92.8 per cent. The Committee also recalls the “Guidelines on ways for employers to take appropriate measures with regard to items stipulated in the provisions concerning the prohibition of discrimination against workers on the basis of sex, etc.” (Public Notice No. 614 of MHLW of 2006) (EEO Guidelines), which only prohibits discrimination based on sex within each employment category. In this regard, JTUC–RENGO continues to propose that the limitation on the prohibition of discrimination within each employment category under the EEO Guidelines should be abolished. In response, the Government states that under the lifelong employment practice in the country, human resource development and treatment is determined using categories set by job type and employment status rather than job duties at a specific time; the Government asserts that, therefore, it is reasonable to compare the treatment of workers within the same employment category. The Committee also notes the Government’s indication that it encourages enterprises to adopt positive action to increase the proportion of women in the main career track, and that the Equal Employment Offices provided advice to 104 enterprises in the fiscal year 2007 concerning employment management, including advice on conversion of workers to another career track. Given the persistently low representation of women in the main career track, and the consequent impact on the wage disparity between men and women, the Committee urges the Government to step up its efforts to increase the number of women in the main career track, and to provide information in this regard. The Committee also asks the Government to provide information on the type of positive action taken to increase the proportion of women in the main career track, and the results achieved. The Committee reiterates its request for information on the general content of the administrative guidance provided to enterprises utilizing the career-tracking systems and on whether such guidance has resulted in an increase of women in the main career track. Please also provide any information on complaints or cases in this regard, and the outcome thereof, and updated and detailed statistical information on the distribution of men and women in different career tracks.

Objective job evaluation. The Committee notes that the Governing Body tripartite committee concluded that the information provided by the Government had not indicated how the relative value of jobs was determined with a view to determining if jobs were of equal value (paragraph 54). The Committee also notes that the MHLW has developed a manual on implementing job analysis and job evaluation, which states that it contributes to the following: (i) identifying whether a job undertaken by part-time workers and regular workers is the same; (ii) clarifying whether the treatment is based on the job undertaken, and whether there is a balance in treatment between part-time workers and regular workers; and (iii) enhancing understanding of part-time workers by convincing them of the difference between the jobs of part-time workers and regular workers. The Committee notes that according to the manual, the comparison permitted is limited to the same jobs or “substantially the same” jobs. This is more restrictive than the principle of the Convention, and the only factor compared is “level of responsibility” which could disadvantage part-time workers. The Committee also notes that the report of the study group on future measures for part-time work was published in September 2011. This points out that despite the difficulty in adopting job analysis and job evaluation as an obligation of employers, including of small and medium-sized enterprises, discussions concerning equal treatment between part-time workers and regular workers could be promoted by introducing a job evaluation system and sharing the process and results of such a system among workers and employers. The Committee asks the Government to provide detailed information on the practical application of the manual on implementing job analysis and job evaluation, including any follow-up studies or research conducted, with a view to expanding the comparison beyond the same or substantially the same jobs, and increasing the range of factors for the comparison. Please provide information on any other measures taken to promote objective job evaluation methods, and the progress made in applying the objective job evaluation methods in enterprises including any awareness-raising activities. The Committee also asks the Government to provide information on specific steps taken to ensure the use of objective job evaluation in the public sector.

Enforcement. The tripartite committee noted the low number of cases covered by workplace inspections in which the Labour Standards Inspection Authority had provided guidance regarding violation of section 4 of the Labour Standards Law, and the lack of particulars as to the nature of the violations. The Committee notes that the Government reiterates that the Labour Standards Inspection Authority conducted 100,535 regular inspections, six of which were identified as cases of violation of section 4 of the Labour Standards Law. It also notes the information provided concerning nine such cases in 2007, including the nature of the violations and the content of guidance provided. In all nine cases, correctional action was ordered by labour standards inspectors. The Committee further notes the information provided by the Government on the court decisions concerning section 4 of the Labour Standards Law. The Committee asks the Government to continue to provide detailed information on the nature of the violations, the content of the guidance provided and the correctional action ordered by labour standards inspectors in cases of violation of section 4 of the Labour Standards Law. It also asks the Government to provide information on the labour inspection, especially the concrete methodologies and the guidance provided to labour standards inspectors to enable them to identify instances of wage discrimination where men and women are engaged in jobs which are of a different nature, but which are nonetheless of equal value. The Committee also asks the Government to continue to provide information on court decisions with regard to section 4 of the Labour Standards Law.

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

The Committee notes the Government’s report, and the comments dated 2 October 2009 of the Japanese Trade Union Confederation (JTUC–RENGO), which were annexed thereto. It also notes the following communications, which had been forwarded to the Government: (i) Japan Federation of Prefectural and Municipal Workers’ Unions (JICHIROREN) dated 13 October 2008; (ii) the Working Women’s Network, dated 8 June 2009; and (iii) the National Confederation of Trade Unions (ZENROREN), dated 28 September 2009. The Committee also notes the representation alleging non-observance by the Government of Japan of the Convention, made under article 24 of the ILO Constitution by the Zensekiyu Showa-Shell Labour Union. The representation concerns section 4 of the Labour Standards Act, and will be addressed by the tripartite committee established by the Governing Body.

Assessment of the gender pay gap. The Committee notes the statistical information provided by the Government concerning the evolution between 1989 and 2008 of the disparity in hourly scheduled cash earnings between male and female workers, and concerning the same disparity by industry and by occupational group based on the results of the Basic Survey on Wage Structure of 2006 and 2008. It indicates that the overall pay gap, while having decreased in that period, remains high. The survey shows that the average scheduled cash earnings of female workers as of 2008 was 69 per cent of that of male workers (a pay gap of 31 per cent), and that there are considerable differences between industries and occupational groups. ZENROREN asserts that the actual gender pay gap is in fact higher, since if part-time workers are included in the statistics, the gap increases to approximately 47 per cent, and has stagnated at that level since 1985. The Committee notes the Government’s indication that one of the factors contributing to the gender pay gap is the difference in average length of service which is normally shorter for women due to their resignation upon childbirth. The Committee also notes various measures indicated by the Government with a view to addressing issues leading to the gender pay gap, such as promoting the implementation of positive action measures, including through the Positive Action Promotion Council. The Government also refers to measures being taken to support work–life balance, including the amendment in 2009 of the Child and Family Care Leave Law promoting paternity leave and a shorter working-hour system. The Committee also notes the publication of the “Guidelines for Reducing the Gender Pay Gap: Measures to be taken by Labour and Management”, by the Ministry of Health, Labour and Welfare in August 2010.

The Committee hopes that targeted and concrete action will be taken in the near future to address the gender pay gap, and asks the Government to provide specific information in this regard. Noting the Government’s indication that research and statistical analysis is being undertaken by the Japan Institute for Labour Policy and Training (JILPT) of the factors underlying the gender wage gap, the results of which are to be examined by the Study Group on the Issues of Wage Disparity between Men and Women, the Committee asks the Government to provide the results of this analysis, including any recommendations made, and any measures taken as a result thereof. The Committee would also appreciate receiving the following:

(i)    statistical information on the earnings of male and female workers, in the public sector, including local government, and the private sector;

(ii)   a summary of the main provisions of the “Guidelines for Reducing the Gender Pay Gap”, and information on their application in practice, as well as a sample copy of a report on wage disparity between men and women; and

(iii)  a copy of the outcome report of the Study Group on Fixed-Term Employment Contracts, organized by the Ministry of Health, Labour and Welfare in February 2009 to discuss, among other issues, equal pay for work of equal value or equal treatment among fixed-term workers and regular workers.

Part-time work. The Committee notes the information provided by the Government concerning activities to promote the implementation of the revised Part-Time Workers Law, 2007, including making available experts on personnel matters and providing subsidies to enterprises. The Equal Employment Office in each prefecture provided guidance in 2008 with respect to 8,900 breaches of conduct. It also notes that these offices received numerous inquiries (12,052 in 2007 and 13,647 in 2008) concerning the interpretation of the revised Law and possible measures to be taken in accordance with its provisions. The Committee notes that JICHIROREN indicates that the wage gap between regular and
non-regular workers is one of the major causes of wage disparities between men and women. Referring to section 8 of the revised Part-Time Workers Law, which prohibits discriminatory treatment as regards the determination of wages, the implementation of education and training, the use of welfare facilities and other treatments for part-time workers if certain criteria are met, JICHIROREN states that, as the requirements are so strict, the law excludes almost all non-regular workers from its protection. ZENROREN provides a similar analysis, and indicates further that employers infringing the law are not sanctioned.
JTUC–RENGO calls for further amendments to the Part-Time Workers Law to extend the prohibition of discrimination to all part-time workers. The Committee asks the Government to continue to provide information on the implementation of the revised Part-Time Workers Law as well as the Basic Policy on Measures for Part-Time Workers (Notification of the Ministry of Health, Labour and Welfare No. 280 of 14 April 2008). Please provide, in particular, information on the activities of, and results achieved through, the equal treatment promotion consultants assigned to equal employment offices and part-time work assistance centres (section 2(3)(1) of the Basic Policy), as well as the results achieved in promoting transfers to full‑time jobs (section 2(3)(3) of the Basic Policy). While noting the difficulty indicated by the Government in identifying the effect of the revised Law in narrowing the gender pay gap, the Committee would appreciate receiving information showing the evolution since the adoption of the revised Part-Time Workers Law of the proportion of non‑regular workers covered by the revised Law, disaggregated by sex, as well as an indication of whether consideration is being given to revising the Law to extend the coverage. The Government is also requested to provide a copy of the guidelines on the employment management of contract workers, and any information on their implementation.

With respect to part-time and temporary workers in local governments, the Committee notes that the statistics provided by the Government indicate a high proportion of women part-time and temporary workers, with the highest proportion in medical and caretaking staff (medical technicians, nurses, child care, meal service), with women constituting approximately 90 to 98 per cent of those categories. The Committee also notes the information provided by JICHIROREN regarding the exclusion of public sector workers from the protection provided to part-time workers. The Committee asks the Government to provide any information on measures taken or envisaged in order to address the gap in the treatment between regular and non-regular workers in local governments, including the following:

(i)    whether consideration is being given to the extension of protection provided to private sector part-time workers to part-time workers in local governments;

(ii)   steps taken towards the implementation of the notification of the Secretary General of the National Personnel Authority concerning wages of part-time staff regulated under section 22(2) of the Act on wages of the general service staff (Kyu-Jitsu-Ko No. 1064 of 26 August 2008);

(iii)  a copy of a report of 23 January 2009 of the Committee on Study Council on Short-Time Service of Local Public Servants; and

(iv)  the implementation of the instruction of 24 April 2009 by the central Government issued to local governments concerning the treatment of temporary and part-time employees.

Indirect discrimination. The Committee notes the information provided by the Government concerning the number of queries and complaints made in relation to section 7 of the Equal Employment Opportunity Law (EEOL) and relevant court decisions. It also notes that the Enforcement Ordinance under the EEOL will be reviewed before the next review of the EEOL, which is to take place in 2012. The Committee hopes that the Enforcement Ordinance under the EEOL will be reviewed at the earliest opportunity, in consultation with the workers’ and employers’ organizations, with a view to ensuring that there is effective protection against all forms of indirect discrimination regarding remuneration, and requests information on progress made in this regard. Please also continue to provide information on the application of section 7 of the EEOL and section 2 of its Enforcement Ordinance, including any complaints received and relevant court decisions, including those addressing measures beyond the three provided for in the Ordinance.

Career tracking systems. The Committee has been raising concerns for a number of years regarding the impact of the career-tracking system on the wage disparity between women and men, due to the low representation of women in the main track. ZENROREN asserts that the system effectively excludes women from promotion to managerial posts. The Committee notes that the Government has provided a copy of the “Guidelines on ways for employers to take appropriate measures with regard to matters provided for under the provisions concerning the prohibition, etc. of discrimination against workers on the basis of sex” (Public Notice No. 614 of MHLW of 2006) (EEO guidelines). Chapter II of the EEO guidelines prohibits direct discrimination based on sex “for each employment category”, with respect to the following: recruitment and employment (section 2), assignment (section 3), promotion (section 4), demotion (section 5), training (section 6), fringe benefits (section 7), change in job type (section 8), change in employment status (section 9), encouragement of retirement (section 10), mandatory retirement age (section 11), dismissal (section 12), and renewal of a labour contract (section 13). It also provides for positive action measures (section 14). Section 1 of chapter II of the EEO guidelines defines “employment management category” to include various categories of workers, based on “job type, qualification, employment status, working pattern, etc.”. The Committee notes the Government’s confirmation that comparisons are made between men and women within the same employment management category to determine if there has been discrimination based on sex, and that it considers that the career‑tracking system is not in itself discriminatory, as long as it is applied in a gender‑neutral manner. In this regard, the Government also indicates that the Labour Bureau in each prefecture provides guidance to those companies which employ the career‑tracking system to ensure that it does not become an apparatus of sex segregation by assigning only men or women to a particular career course. The Committee asks the Government to provide information on measures taken to increase the proportion of women in the main track, and ensure that the career‑tracking system is not applied in a discriminatory manner. In this context, the Committee requests information on the general content of the guidance provided to enterprises utilizing the career-tracking systems and on whether such guidance has resulted in an increase in women in the main track. Please also provide any information on complaints or cases in this regard, and the outcome thereof, as well as updated statistical information on the distribution of men and women on the different tracks.

Objective job evaluation. The Committee notes the Government’s indication that a competency-based performance appraisal system has traditionally been the measure to determine wages, though research by the JILPT found that more emphasis was being placed on individual achievement, results-oriented or job-oriented components in the determination of wages, and less weight on age- or tenure-based components. Against this background, the Ministry of Health, Labour and Welfare is currently collecting information on wage systems of various companies, and plans to make available the findings for use by those companies attempting to adopt objective job evaluation methods for gender-neutral wage determination. The Committee asks the Government to provide information on the progress made in the survey of wage systems and the findings thereof, and to provide details of how the survey results are being used to promote objective job evaluation methods. Please provide information on any other measures taken to promote objective job evaluation methods.

Enforcement. The Committee notes the information provided by the Government that the labour standards inspection authority conducted 126,499 regular inspections, nine of which were identified as cases of violation of section 4 of the Labour Standard Law, and for which guidance was provided. Further to its previous comments on this point, the Committee notes the information provided by the Government that the Ministry of Health, Labour and Welfare holds workshops to train labour standards inspectors to interpret the relevant legislation, and that senior inspectors provide on-the-job training to other inspectors. The Committee asks the Government to provide particulars on the nine cases of violation of section 4 of the Labour Standards Act, including the nature of the violations and the content of guidance provided. The Committee would also appreciate if the Government would continue to provide information on the conduct of labour inspection, especially the concrete methodologies and the guidance provided to labour standards inspectors to identify instances of wage discrimination where men and women are engaged in work of a different nature, which is nonetheless of equal value. The Committee also asks the Government to continue to provide information on court decisions pursuant to section 4 of the Labour Standards Law that are relevant to the principle of the Convention.

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

1. The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2007 and the resulting conclusions of the Conference Committee. The Committee notes in particular that the Conference Committee urged the Government to promote more actively equal remuneration for men and women for work of equal value in law and in practice. The Committee notes the Government’s report and the comments concerning the application of the Convention contained in the communication dated 19 October 2007 from the Japanese Trade Union Confederation (JTUC–RENGO) which were annexed to the report. In addition, the Committee notes the communication of 23 May 2007 from the Working Women’s Network, which was also submitted on behalf of the Women’s Union for Workers of Trading Company and the Women’s Union Nagoya. This communication was forwarded to the Government on 13 July 2007.

2. Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that the gender pay gap in respect of scheduled cash earnings per hour among full-time workers increased from 31.2 per cent in 2004 to 32.9 per cent in 2006. The gender pay gap is highest in manufacturing (41.4 per cent) and finance and insurance (45.2 per cent), while it is lowest in transport (23.1 per cent) and telecommunications (28.3 per cent). The Committee notes that the gender pay gap remains very high. It is particularly concerned that the hourly earnings gap for full-time workers has increased since 2004. Noting that the Government plans to undertake a detailed analysis of the factors underlying the gender wage gap, the Committee asks the Government to provide the results of this analysis, including indications regarding the impact of discrimination in recruitment and promotion on the gender pay gap, and the action taken to address the underlying factors. The Committee also asks the Government to continue to provide detailed and comparable statistical information on the earnings of men and women.

3. Part-time work. The Committee notes that the Government expects the amendments made to the Part-time Working Law in May 2007 to contribute to the reduction of the gender pay gap. The Committee notes that under the revised Law, certain part-time workers shall be deemed to be equivalent to full-time workers which, inter alia, implies that there shall be no discrimination in respect of wages, education and training, welfare facilities and other conditions. Stressing that discrimination against part-time workers is still in many ways discrimination based on gender, JTUC–RENGO states that the revision was insufficient as only a small portion of part-time workers were covered by these new protections. The Committee asks the Government to provide information on the practical application of the revised Part-time Working Law, including information on the extent to which the revision has contributed to closing the gender pay gap. The Government is also asked to indicate the proportion of part-time workers, disaggregated by sex, that benefit from protection against wage discrimination under the revised Law and to state whether any consideration is being given to extending this protection to the part-time labour force more generally.

4. Work of equal value. The Committee recalls that section 4 of the Labour Standards Law, which provides that in respect of wages an employer shall not engage in discriminatory treatment of a woman, as compared to a man, by reason of the worker being a woman, does not fully reflect the principle of the Convention, because it does not refer to the element of equal remuneration for work of equal value. In its report, the Government reiterates its view that section 4 is sufficient to satisfy the requirements of the Convention and recalls the court case in which wage disparities between men and women performing different work were found to be in violation of section 4 of the Labour Standards Law. The Government also explains that rotating workers from one job to another within the enterprise ensures long-term human resource development and was a common practice in Japan. In such cases, the wages were determined on the basis of “job-performance ability” and not on the basis of job evaluation. The Government therefore is of the view that prohibiting discrimination in job assignment and allocation of duties, as provided for under the Equal Employment Opportunity Law (EEOL), was an effective measure “to prevent detrimental treatment of female workers” in respect of wages.

5. The Committee notes that JTUC–RENGO calls for the revision of section 4 of the Labour Standards Law and the EEOL to ensure that both Laws prohibit gender-based wage discrimination. The Working Women’s Network stated that there was only one final judgement based on section 4 of the Labour Standards Law which held that the female plaintiff’s work was “work of equal value” to that of a male comparator. Highlighting the length of the equal pay proceedings, the Network argues that enforcing the principle of equal remuneration for men and women for work of equal value would be more effective if the principle was stated in the legislation. This was also necessary in the light of the ongoing change from seniority-based to merit-based wage systems.

6. The Committee wishes to emphasize that the principle of equal remuneration for men and women for work of equal value necessarily implies a comparison of the jobs or work performed by men and women on the basis of objective factors such as skills, effort, responsibility, or working conditions. Where such a comparison is not possible it is difficult to see how the principle could be applied. While the Convention takes the job content as a starting point for establishing equal remuneration, it does not prevent factors such as experience, ability and performance being taken into consideration in the determination of remuneration, as long as they are applied in an objective and non-discriminatory manner. The Committee therefore asks the Government to take steps to amend the legislation to provide for the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide detailed information on any new court decisions regarding wage discrimination under section 4 of the Labour Standards Law that give effect to the Convention’s principle. Recalling the Conference Committee’s request to the Government to examine further the impact of employment management systems and wage systems on the earnings of women, with a view to addressing wage discrimination, the Committee asks the Government to indicate the steps taken in this regard and the results obtained from such an examination.

7. Indirect discrimination. Recalling its previous comments concerning section 7 of the EEOL, which authorizes the Ministry of Health, Labour and Welfare to identify measures that are considered to be indirectly discriminatory, the Committee notes that section 2 of the Enforcement Ordinance under the EEOL, as amended following the 2006 revision of the EEOL, identifies three such measures: (1) criteria relating to the worker’s height, weight or physical strength; (2) criteria, in the context of recruitment and employment of workers under a career tracking system, relating to the worker’s availability for reassignment resulting in the worker having to change his or her place of residence; and (3) criteria for promotion relating to the worker’s experiences obtained through job rotation and reassignment. The Committee also notes the Government’s indication that a general definition of indirect discrimination has been included in the Guidelines to the EEOL (“EEO Guidelines”) and that in cases other than those listed in section 2 of the Enforcement Ordinance indirect discrimination could be considered illegal by the courts. The Government states that it will keep the matter under review and revise section 2 of the Enforcement Ordinance as necessary, taking into account the developing jurisprudence. JTUC–RENGO raised doubts as to the conformity with international standards of the restrictive provisions on indirect discrimination in the EEOL and indicated that it would continue to call for the inclusion of a broad and unlimited definition in the Law. The Working Women’s Network also submits that a broader definition of indirect discrimination should be applied. Recalling that in accordance with the Convention all forms of indirect discrimination in respect of remuneration should be addressed, the Committee asks the Government to provide detailed information on the application of section 7 of the EEOL and section 2 of its Enforcement Ordinance. It asks the Government to continue to consult on the issue of indirect discrimination with workers’ and employers’ organizations, to report on any relevant judicial cases, and to indicate the progress made in ensuring that the definition of indirect discrimination provides effective protection from all forms of indirect discrimination in respect of remuneration.

8. Career tracking systems. The Committee notes from the Government’s report that according to the Basic Survey of Employment Management of Women 2006, the percentage of companies operating a career tracking system is 11.1 per cent, which is 1.6 per cent more than compared to 2003. No new information is available concerning the distribution of men and women in the different tracks. Both JTUC–RENGO and the Working Women’s Network state that career tracking systems continue to be used in practice as gender-based employment management. They also state that the EEO Guidelines issued by the Government created an opening for this, because they restrict the application of the prohibition of gender discrimination to men and women within each “employment management category”, which excludes comparisons between men and women employed in different categories, in contradiction with the principle of equal remuneration for work of equal value. The Committee considers that the application of the Convention’s principle cannot be restricted to men and women within each different employment category established by an enterprise. The Government is asked to supply a copy of the EEO Guidelines for the Committee’s examination and to provide its comments, if any, in reply to the above matter raised by JTUC–RENGO and the Working Women’s Network. The Committee also asks the Government to provide updated statistical information on the extent to which career tracking systems are being used, including, in particular, the number of men and women on the different tracks. The Committee asks the Government to examine further the impact of career tracking systems on the earnings of women, with a view to addressing wage discrimination, as requested by the Conference Committee, and to report on the results of such an examination.

9. Objective job evaluation. Recalling the Conference Committee’s request to the Government to step up its efforts to promote objective job evaluation methods, the Committee notes that the Government has not provided any information on measures taken in this regard. JTUC–RENGO indicates that it had proposed the use of objective job evaluation methods as a means to implement the principle of equal remuneration for work of equal value. The Committee urges the Government to indicate in its next report the measures taken to promote objective job evaluation, in accordance with Article 3 of the Convention, and as requested by the Conference Committee.

10. Labour inspection. The Committee notes from the Government’s report that in 2005, 122,733 inspections were carried out. Ten cases of violations of section 4 of the Labour Standards Law were addressed through administrative guidance, while one case was sent to the prosecutor’s office. The Committee notes the Government’s indication that inspectors confirm whether the wage disparity between men and women at a workplace “depends on the fact that workers are women or the differences in posts, ability, technique, etc.”. The Committee asks the Government to provide information on the specific methodologies used by the labour inspectors to identify instances of wage discrimination where men and women are engaged in different posts but nevertheless perform work of equal value, and to indicate whether any specific training on the principle of equal remuneration for work of equal value is being provided to labour inspectors. The Government is also asked to continue to provide information on the cases of violations of section 4 of the Labour Standards Law, including on the facts of the cases.

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

1. The Committee notes the Government’s report and the attached observations of the Japanese Trade Union Confederation (JTUC-RENGO) dated 5 September 2005 as well as the Government’s reply to these comments.

Assessment of the gender pay gap

2. The Committee notes that, according to the Basic Survey on Wage Structure, 2004, the overall gender pay gap (contractual cash earnings) for full-time workers was at 34.3 per cent in 2004, as compared to 35.1 per cent in 2002 and 34.5 per cent in 2000. According to the Government’s report, the gender pay gap concerning scheduled cash earnings of full-time workers declined continuously from 40.3 per cent in 1986 to 32.4 per cent in 2004. The Committee also notes from the data provided by the Government that, on average, women working part-time in all industries have been in their jobs for a longer service period than their male counterparts but that, in 105 of 119 occupational categories considered in the statistics provided, the hourly scheduled cash earnings received by female part-time workers were lower than those received by male part-time workers. In its observations, JTUC-RENGO considers that the wage gap is still high and the Government states that it recognizes that the remaining disparity is still wide when compared internationally. The Committee expresses serious concern regarding the persistent and wide gender pay gap in Japan. The Committee asks the Government to continue to provide detailed statistical information on earnings of regular and non-regular workers, disaggregated by sex, according to industries and occupational categories, as far as possible as outlined in the Committee’s 1998 general observation. It also asks the Government to supply information on any reports or studies undertaken to examine the evolution of the gender wage gap and the impact of the measures taken to address it.

Legislation

3. The Committee recalls JTUC-RENGO’s previous comments to the effect that enforceable legislative provisions are required to eliminate the factors underlying the gender wage disparities. The Committee notes from the Government’s report that an advisory council comprised of experts, including workers’ and employers’ representatives, had been discussing measures to strengthen the promotion of equal opportunities for men and women since September 2005. It notes that Law No. 82 of 2006 has been adopted subsequently to revise the Equal Employment Opportunities Law (EEOL) and the Labour Standards Law which will become effective as from 1 April 2007. The Committee notes with interest that the revised EEOL explicitly prohibits discrimination based on sex in respect of assignment of tasks and responsibilities, as well as any changes concerning the worker’s occupation or employment contract (article 6). The Committee asks the Government to provide in its future reports information on the implementation and enforcement of the revised EEOL, including examples of relevant administrative or judicial decisions relating to the application of the Convention.

4. The Committee notes however that, while the EEOL prohibits discrimination with respect to matters that have an effect on remuneration levels, it does not cover pay discrimination itself, by prohibiting directly or indirectly discriminatory procedures or methods of determining remuneration, taking into account the principle of equal remuneration for work of equal value. As pointed out by the Committee previously, article 4 of the Labour Standards Law, which provides that in respect of wages an employer shall not engage in discriminatory treatment of a woman, as compared with a man, by reason of the worker being a woman, does not fully reflect the principle of the Convention, as it does not refer to the element of equal remuneration for work of equal value. This element of the Convention’s principle is crucial because it requires consideration of the remuneration received by men and women who are performing different jobs or work, on the basis of an evaluation of the content of the different jobs being performed using appropriate techniques of objective non-discrimination job evaluation. While the Government once again states that, in its view, article 4 of the Labour Standards Law satisfies the requirements of the Convention, the Committee emphasizes, in the light of the persisting and wide gender pay gap, that there is a need to address direct or indirect pay discrimination that results from the discriminatory undervaluing of work performed predominantly or exclusively by women. In this regard, the Committee notes the Government’s indication that, in some cases, the courts have compared the jobs or work performed by men and women in order to determine violations of article 4 of the Labour Standards Law. However, most cases concern discriminatory practices in respect of promotion or advancement. The Committee asks the Government to continue to provide summaries of relevant court decisions, particularly final rulings, applying article 4 of the Labour Standards Law including in the context of equal remuneration for work of equal value. Given the persistent and wide gender pay gap, the Committee hopes that the Government will consider giving legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full application of the Convention, and to indicate any developments in this regard in its next report.

Indirect discrimination

5. With respect to its previous comments concerning indirect discrimination, the Committee notes that the 2006 amendments to the EEOL introduced a new article 7 which is intended to address indirect discrimination. Article 7 authorizes the Ministry of Health, Labour and Welfare to identify, through an ordinance, measures which, taking into consideration the ratio of men to women and other elements, could potentially be considered discrimination essentially based on sex, which employers should not take, unless the measures are considered necessary for the job or for the management of employment in view of the situation of the whole operation, or unless there are other rational reasons. Recalling the guidance provided concerning the concept of indirect discrimination in paragraph 10 of its previous observation, the Committee notes that article 7 takes a restrictive approach by authorizing the authorities to identify a limited number of situations or practices which could amount to indirect discrimination, rather than by introducing a general definition of indirect discrimination that could be applied to a variety of situations. The Committee asks the Government to indicate the steps taken to ensure that the ordinance envisaged under article 7 of the EEOL will cover a wide range of measures that lead to situations where women disproportionately receive lower levels of remuneration than men without an objective job-related justification, and to provide the text of the ordinance as soon as it is adopted. It also asks the Government to indicate any steps taken to put in place measures to identify and remedy instances of indirect pay discrimination based on sex in the context of part-time, temporary and wage-based employment, as well as the use of career track management systems.

Promotional measures

6. In its previous observation, the Committee noted that in 2003 the Government issued guidelines concerning measures for improving wage and employment management for eliminating wage disparity between men and women. These voluntary guidelines encourage employers to address certain issues, which are considered to be important causes of the gender wage gap in Japan, as reflected in the Committee’s previous comments. The Committee notes the Government’s indication that it is striving to ensure that the guidelines are widely used through the distribution of information and materials to employers’ and workers’ organizations. The Government also states that it facilitates efforts by employers and workers to reduce wage disparity by monitoring the situation through the preparation of wage disparity reports. The Committee further notes the examples mentioned in the Government’s report of positive action taken by some enterprises, e.g. measures to increase the ratio of female managers. Recalling that one of the matters addressed by the guidelines is the need to improve employment and wage-management systems, inter alia, with a view to ensuring objectivity and transparency of wage decisions, the Committee notes JTUC-RENGO’s position that, in order to implement the principle of equal remuneration for work of equal value, there is a need to study and develop measures of objective and non-discriminatory job evaluation. The Committee shares this assessment. The Committee asks the Government to provide detailed information on the promotion, application and effect on the gender wage gap of the abovementioned Guidelines, including information on the positive action taken and the reports on wage disparities. In particular, the Committee asks the Government to supply information indicating how enterprises are reforming their systems of employment and wage management with a view to ensuring transparent and non-discriminatory wage decisions, as well as job allocation and posting. Recalling that Article 3 of the Convention envisages objective job evaluation on the basis of the work performed as a means of giving effect to the Convention, the Committee asks the Government to indicate measures taken to promote the objective evaluation of jobs.

Career tracking systems

7. The Committee notes the Government’s indication that the report issued in 2002 by the study group on the issue of wage disparity between men and women pointed out that the use of career track systems was a cause of wage disparity because it leads to significantly lower levels of women in management positions. A 2003 survey showed that in 2000 the overall ratio of women on the main track was as low as 3.5 per cent and that 23 per cent of enterprises applying a career track system had reviewed it in the last three years. The Committee asks the Government to continue to provide information on the measures taken to decrease the use of such systems and to minimize their gender discriminatory effects, and on the extent to which such systems are being used, including updated statistical information on the distribution of men and women on the different tracks.

Labour inspection

8. The Committee notes that, of the 122,793 inspections carried out during 2004, only eight found violations of article 4 of the Labour Standards Law. None of them was considered serious enough to be referred to the Prosecutor’s Office. The Committee asks the Government to continue to provide information on the measures taken by the labour inspectorate to address gender pay discrimination, including the number and nature of violations of section 4 found. It also asks the Government to indicate the methods used by labour inspectors to identify and detect violations of the principle of equal remuneration for men and women for work of equal value, and to indicate the nature and scope of training provided to labour inspectors on the principle of equal remuneration for men and women for work of equal value and on its implementation.

[The Government is asked to supply full particulars to the Conference at its 96th Session and to report in detail in 2007.]

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

1. The Committee notes the observations by the Japanese Trade Union Confederation (JTUC-RENGO) dated 27 August 2003 and the observations by the Women’s Union Kansai, the Staff Union of Okayama University Medical School, and the Kinki District Council of the Japan National Hospital Workers Union (JNHWU/ZEN-IRO), all dated 3 March 2003, as well as the Government’s replies. The Committee also received further communications dated 26 August 2003 and 4 August 2004 from the JNHWU/ZEN-IRO to which the Government has replied. The Committee also recalls the comments by the International Confederation of Free Trade Unions (ICFTU) of 31 October 2002, the Municipal School Lunch Workers’ Union of Miki, the Union of Part-Time Workers Employed by the Municipality of Amagasaki, and the Osaka Chapter of All Japan Harbour Workers’ Union.

Articles 1 and 2 of the Convention. Measures to promote the application of the principle of equal remuneration for work of equal value. 2. The Committee notes that according to the Basic Survey on Wage Structure 2002 the overall gender wage gap (contractual cash earnings) was, at 35.1 per cent, slightly higher than 34.5 per cent in 2000. According to the November 2002 report of the Study Group on the Issue of Wage Disparity Between Men and Women, gender wage disparities mainly resulted from the fact that men and women occupy different types of positions, as well as from gender differences in relation to length of service and the manner in which family allowances are granted. The study found that wage disparities resulted from the administration of wage and employment management systems including appraisal systems rather than from the systems themselves.

3. The Committee notes with interest that following the Study Group’s report the Government issued in 2003 a Guideline Concerning the Measures for Improving Wage and Employment Management for Eliminating Wage Disparity Between Men and Women. This set of voluntary guidelines recommends that enterprises analyse the incomes of their male and female employees and improve their employment and wage management. To that end, the objectivity and transparency of wage decisions and personnel appraisals should be enhanced, and the family allowances schemes should be reviewed. The guidelines also promote non-discriminatory job allocation and posting; stress the need to review career tracking systems and their implementation; and promote family-friendly workplaces. Positive action is recommended to overcome wage disparity caused by the limited access of women to certain positions and by length of service requirements. The Committee welcomes these guidelines, because they target, albeit in a general manner, some of the issues at the root of remuneration inequalities between men and women in Japan. The Committee asks the Government to provide detailed information on the promotion of the guidelines, their application in practice by enterprises and their effect with regard to reducing the gender wage gap.

4. According to RENGO, the conclusions and recommendations on the causes of gender wage disparities contained in the abovementioned report are meaningful and significant. However, in RENGO’s view enforceable legislative provisions are required to eliminate the factors underlying the gender wage disparities. In this context, the Committee also recalls its previous comments concerning section 4 of the Labour Standards Act which provides that an employer shall not engage in discriminatory treatment of a woman as compared with a man with respect to wages by reason of the worker being a woman. In reply, the Government states that this provision satisfies the requirements of the Convention and reiterates its view that the application of the principle of equal remuneration for men and women workers for work of equal value was ensured through administrative supervision and guidance. The Committee maintains that section 4 of the Labour Standards Act does not fully reflect the principle of the Convention, as it does not reflect the notion of equal remuneration for work of equal value. While the Committee understands that in some recent judicial decisions objective criteria related to job content have been used when comparing work performed by men and women, thus indirectly applying the notion of work value, the Committee encourages the Government to consider promoting a better application of the Convention by giving full legislative expression to the principle of equal remuneration for men and women workers for work of equal value. Please also indicate any consideration given to the legislative proposals made by RENGO, such as the introduction of a general prohibition of direct and indirect discrimination in employment against both women and men.

5. The Committee notes that, following the adoption of the "Proposal for Positive Action" in 2002 by the Positive Action Promotion Council, the Government has set up such councils at all Prefectural Labour Bureaus. The councils are supposed to develop activities to promote positive action in favour of women in collaboration with workers’ and employers’ organizations. The Committee also notes that the Proposal for Positive Action explains the nature and benefits of positive action measures to employers, personnel managers, supervisors, workers and public officials. The Committee asks the Government to provide information on the concrete activities of the positive action promotion councils and information on practical examples of how gender wage disparities have been addressed in practice through positive action measures at the enterprise level.

Indirect discrimination. 6. The Committee notes that the observations made by all of the workers’ organizations referred to in paragraph 1 above contain references to situations where part-time, temporary or wage workers employed on a daily basis received less remuneration, including benefits, than regular workers, even when carrying out the same or similar duties as the latter. It is alleged that the lower rates of remuneration paid to non-regular workers constitute indirect sex discrimination because of the high proportion of women employed in these categories. For instance, the Staff Union of Okayama University Medical School states that as of 1 April 2002 the Okayama medical school and university hospital employed 299 part-time workers under multiple wage-based short-term contracts, 94.3 per cent of whom were women. Apparently these part-time workers carried out the same tasks as regular employees, but under less favourable working conditions, including lower pro rata wages and benefits. The Women’s Union Kansai also refers to cases of female part-time workers employed by the former Japan National Railways who received less remuneration than their full-time counterparts. However, insufficient information is given as to the gender structure of the part-time workforce in that establishment. JNHWU’s Kinki District Council provided additional information on the working conditions of wage-based workers in national hospitals and sanatoriums, who are predominately women. JNHWU indicates that after salary reductions in 2002 for both regular and wage-based personnel in these institutions, wage disparities between these categories remained unchanged. The ICFTU and RENGO expressed continuing concern about the use of two-track employment management systems and their discriminatory impact on the wage levels of women.

7. The Committee notes from statistical information provided by the Government that in 2001, among regular employees in national and local government institutions, 31.8 per cent of full-time workers were women, compared to 70.2 per cent of women among part-time workers. In the private sector, only 31.6 per cent of regular full-time workers were women compared to 68.6 per cent among regular employees employed on a part-time basis. The Government indicates that the tripartite Labour Standards Investigative Council adopted a report on future part-time employment policy which recommended that fair treatment should be accorded to part-time workers. The Committee notes that this approach has been subsequently reflected in amendments to the Guidelines under the Part-Time Work Act. The Government is asked to continue to provide information on the measures taken or envisaged to promote wage parity for part-time workers, taking into account the principle of equal remuneration for men and women workers for work of equal value, including the measures taken to promote the abovementioned guidelines and indications as to their effective application. Please also provide detailed statistical information on the proportion and sex composition of part-time workers across the various sectors, as well as the wage levels of male and female part-time workers.

8. With regard to the use of career tracking systems and further to the Committee’s comments, the Government refers to the Guideline Concerning the Measures for Improving Wage and Employment Management for Eliminating Wage Disparity Between Men and Women mentioned above, which provides guidance to enterprises on whether the introduction of two-career tracks is necessary and on the importance of allowing mobility between the two-career tracks. The guidelines also highlight the need to provide appropriate information on the functioning of the career tracking system to the employees concerned. Further, the Government indicates that administrative guidance is still being provided to ensure that enterprises implemented such systems in accordance with the Equal Employment Opportunity Act and the Matters to be Noted in Relation to Employment Management Differentiated by Track. Recalling its previous comments on the use of career tracking systems, the Committee notes these additional efforts to lessen the use of such systems and to minimize their gender discriminatory effect. It asks the Government to provide information on the impact of these measures, including their effects on the wage levels of men and women employed in companies using career tracking systems, recent statistical information on the extent to which such systems are still being used and the distribution of men and women within each track.

9. The Committee notes from the Government’s report that in 2001, out of a total of 177,715 temporary or daily workers in national and local government institutions, 78.9 per cent were women. In the private sector, overall there was a more balanced representation of men and women in the category of temporary and daily employees. The number of wage-based employees employed on a daily basis in national hospitals and sanatoriums decreased by 2,742 between 1996 and 2002, while the number of permanent nurses increased by 1,983 during the same period. The Committee asks the Government to continue to provide information on the sex composition of temporary and daily or wage-based workers across the various sectors and industries. With regard to the continued reliance on such employment in national and local government institutions, the Committee wishes to receive further information on the distribution of temporary and daily workers according to the different institutions, disaggregated by sex. Please also indicate the nature and content of the work carried out by these workers as compared to regular employees.

10. The Committee notes the Government’s view that part-time work, wage-based or temporary employment, as well as two-track career systems, were not discriminatory in themselves and that there was a continuing national debate on what constituted indirect discrimination. The Committee takes this opportunity to emphasize that, in the context of the Convention, the concept of indirect discrimination refers to apparently neutral situations, regulations or practices which result in unequal treatment with regard to remuneration of men and women performing work of equal value. It occurs when the same condition, treatment or criterion is applied equally to men and women, but results in a disproportionately adverse impact on persons of one sex, and is not based on an objective job-related justification. The Committee shares the view that the use of part-time, temporary and wage-based workers, as well as two-track career management systems, may not be discriminatory per se. However, it points out that where workers employed in such categories are paid lower rates of remuneration than regular workers for performing work which is of equal value and where these categories are dominated by one sex (in this case women), the question of indirect sex discrimination does arise and should be examined in the light of the particular circumstances and the reasons given for the differential treatment. Unless there is an objectively justifiable, job-related reason for such differential treatment, then indirect discrimination will be found to occur. The Committee therefore considers it important that the Government, in consultation with workers’ and employers’ organizations, puts in place the necessary legal, institutional and procedural framework under which instances of indirect discrimination in the context of part-time, temporary and wage-based employment, as well as the use of two-track career management systems, can be identified and remedied.

Article 3. Objective appraisal of the job. 11. RENGO states that there was a need to study and develop techniques of job evaluation in order to implement the principle of equal remuneration for work of equal value. In this regard, the Government is asked to provide information on any measures taken or envisaged to promote methods for the objective appraisal of jobs on the basis of the work carried out.

Measures of redress. 12. The Committee notes that labour inspections carried out in 2002 found 12 cases of violations of section 14 of the Labour Standards Act, but that no case was referred to the prosecutor’s office. The Committee reiterates its request to the Government to provide information on any cases brought before the dispute adjustment commissions under the Equal Employment Opportunity Act. Please also continue to provide information on any judicial decisions relevant to the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s report and the attached documentation, as well as a communication dated 31 October 2002 received from the International Confederation of Free Trade Unions (ICFTU), which has been sent to the Government for comment. It recalls the observations received from the Japanese Trade Union Confederation (RENGO), the Japanese National Hospital Workers’ Union (JNHWU), JNHWU’s Tokyo District Council, the Fukuoka Women’s Association Union, and the joint communication from the Community Union’s National Network, the Edogawa Union, the Nagoya Fureai Union, the Senshu Union, and the Ohdate Labour Union concerning the application of the Convention in respect to non-regular employees, including part-time workers and wage-based staff. The Committee also recalls the observations received from the Nomura Securities Labour Union, as well as the joint communication received from the Zensekiyu Showa Shell Union, the Shiba Credit Bank Employees’ Union, the Tokyo Union, the Women’s Labour Union and the Shonai Economic Federation Labour Union alleging that career tracking systems are being used by companies to discriminate against women in respect to wages and promotions.

2. Recalling that the promotion of equality of men and women in society in general is essential for the full application of the Convention, the Committee notes the Basic Act for a gender-equal society (Act No. 78) of 1999. The purpose of the Act is to promote equal opportunities for women and men to participate as equal partners in all areas of society, including workplaces, schools and at home. The Committee notes that under the Act the Government is to draw up and implement a basic plan for gender equality and to establish a council for gender equality within the Prime Minister’s Office. The Committee asks the Government to provide information on the Act’s implementation, including on the manner in which the principle of equal remuneration for women and men for work of equal value is being taken into consideration in the development and implementation of policies and programmes to promote gender equality. Further, the Committee wishes to recall that neither the Labour Standards Act nor the Equal Employment Opportunity Act fully reflects the principle of equal remuneration for women and men for work of equal value, as contained in the Convention. The Government is asked to indicate whether it is considering amending the relevant provisions of these Acts to include the Convention’s principle and, in the meantime, to provide information on its application in practice, including relevant judicial decisions.

3. With reference to its previous comments concerning the high wage differential in the average earnings of men and women, the Committee notes that according to the Basic Survey on Wage Structure 2000 women earned 65.5 per cent of the monthly contractual cash earnings received by men. Earnings differentials continue to be lower at higher levels of education. Among university graduates, women earned 69.3 per cent of men’s earnings, for graduates of higher professional schools and junior colleges the ratio was at 77.1 per cent, while the greatest difference exists at the junior high school level (60.3 per cent). The Committee also notes that the earnings of women compared to men continue to decrease significantly with increasing age: while women in the 20-24 age bracket received 91 per cent of men’s earnings, the same percentage for women in the 50-54 age range is as low as 55.3 per cent. Comparing data for 1998 and 2000 on the gender composition of the labour force classified by age brackets, it appears that the participation of women remains largely unchanged and characterized by marked decline in the 25-29 age bracket. The Committee asks the Government to continue to provide statistical information that would enable it to continue to assess the trends in the labour force participation and levels of remuneration of women and men. Noting that the Basic Survey on Wage Structures only covers regular employees, apparently excluding part-time and temporary workers, which contain a heavy concentration of women, the Committee can only discern that the actual remunerations gap between women and men is larger than the figures indicated in the Basic Survey on Wage Structures. It once again draws attention to its general observation on the Convention adopted in 1998 and asks the Government to provide full statistical information, taking into account the earnings of non-regular male and female workers, if possible classified also by average hourly earnings.

4. The Committee notes from the Government’s report that research on the issue of wage disparity between men and women was currently being carried out by a group of experts. The Committee understands that the group is analysing the underlying factors as well as the effects of wage and management systems of businesses on wage disparities, with a view to developing a future framework for their reduction. Recalling that some of the disparity is due to low post assignment and lack of promotion of women, the Committee notes the proposal on promoting positive action for women in employment. Noting from the Government’s report that the proposal is also intended to clarify the standards concerning personnel appraisal systems, the Committee asks the Government to provide additional information on the proposal’s nature, content, implementation in practice, and any results achieved. The Committee also wishes to be kept informed of the results of the work of the group of experts mentioned above, including any follow-up action taken on the expert’s findings. Noting that the Government planned to set up a working committee in 2002 in order to form a consensus about what constitutes indirect discrimination, the Committee hopes that the group will take into account the effect of indirect discrimination on pay levels of women and men and looks forward to receiving information on the results and findings of this working committee.

5. With reference to its previous comments concerning wage-based employment in Japanese national hospitals and sanatoriums and the observations of the JNHWU and the JNHWU’s Tokyo District Council on this matter, the Committee recalls that it considered the extensive utilization of temporary labour in a predominately female sector to have an indirect impact on wage levels in general, inevitably broadening the wage gap between men and women. The Committee notes from the Government’s report that between 1996 and 2002 (fiscal years), the number of wage-based employees in hospitals and sanatoriums decreased by 2,240 employees, while the number of permanent employees increased by 1,587 employees, whereas external contracting for technical and practical tasks, such as cleaning or laundry, was introduced. The Government also states that it has held yearly meetings with the JNHWU and that mutually agreed "Guidelines for wage employees" concerning the treatment of these employees had been sent to the respective establishments every year. In reply to the JNHWU’s observation that in 2001, due to a recommendation of the National Personnel Authority, the wages of wage-based employees - despite its objections - were not increased and bonuses were reduced, the Government states that at the 2001 annual meeting an agreement has actually been reached between the employer and employees. The Committee asks the Government to continue to take measures to enable hospitals to harmonize their employment practices with their personnel needs in the light of the requirement under the Convention to ensure equal pay for work of equal value and to take measures taken to reduce the wage differentials between the wage-based and permanent staff.

6. Recalling its request to the Government to provide information on the utilization of wage-based staff in all sectors, the Committee notes that the Government once again states that in institutions under the national authority, other than hospitals and sanatoriums, wage-based employment did not exist. The JNHWU states that according to a survey conducted by the Administrative Affairs Agency, there are 229,407 temporary employees working for the Government. Noting that the Government applies a specific definition of wage-based employment, the Committee asks the Government to provide full information on the various types and extent and sex composition of temporary employment, including wage-based employment, used in the public and the private sectors.

7. The Committee notesRENGO’s statement that, given the high percentage of women engaged in part-time work, ensuring equal treatment for regular and part-time workers is of importance in improving wage inequalities between men and women. Similarly, the joint observations of the Community Union’s National Network and other unions state that women part-time workers in the private and public sectors are often being discriminated against in respect to remuneration which amounts to indirect discrimination against women under the Convention, as most of the part-time workers were women. According to the latter observations, 37.4 per cent of all women workers were employed on a part-time basis and 93 per cent of all part-timers were women, while female part-time workers earned 44 per cent of the average hourly wage of a male regular employee and 68.4 per cent of the average hourly wage of a female regular employee (as of 1999). In its reply, the Government points out that efforts are being made to promote a balance between the working conditions of part-time workers and regular workers as provided for in section 3 of the Part-Time Work Act. Consultations were held during 2000 and 2001 with employers and employees, interest groups and experts on the desired future policy concerning temporary employees, including the treatment of part-time workers. The Committee observes that in situations where part-time workers are mostly women, a generally lower level of remuneration for part-timers has an adverse impact on the overall wage gap between men and women. It also recalls that the principle of equal remuneration for men and women for work of equal value applies to all workers, including part-timers. Noting that apparently in many cases part-time employees carry out very similar or identical job duties, the Committee recalls that under the Convention levels of remuneration are to be compared through an objective job appraisal on the basis of the work performed and not on the basis of the sex of the worker or the status of the contract. The Committee asks the Government to continue to provide information on measures taken or envisaged to promote wage parity for part-time workers, taking into account the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide updated statistical information, the extent to which male and female employees are hired on a part-time basis in the various economic sectors, as well as on their levels of remuneration as compared to full-time employees, on the basis of average hourly earnings.

8. Recalling its comments concerning the use of career tacking systems in Japan as a gender-based employment management system, the Committee notes that according to the Basic Survey of Employment Management of Women 2000 the ratio of companies using such systems which employ both men and women on a "super track" (engagement in planning jobs with possibility for transferral throughout the country) increased to 46.5 per cent in 2000 from 42.4 per cent in 1998 and that the number of companies using career tracking systems decreased for the first time. The Government considers that this development may be the result of the administrative guidance, including corrective measures against employers, given by the Equal Employment Departments of the Prefectural Labour Bureaux in relation to the Equal Employment Opportunity Act and the guidelines concerning employment management differentiated by career track. The Committee notes that the statistical information provided by the Government does not allow for an assessment of the extent to which women are actually employed on career tracks, where such exist. The Committee also notes from the joint communication from the Zensekiyu Showa Shell Union and other workers’ organizations that, in practice, the existence of the two-track system provides opportunities for distinctions to continue to be made indirectly on the grounds of sex, which negatively impact on women’s ability to earn remuneration equal to that of men for work of equal value. With reference to the comments received from the Nomura Securities Labour Union, the Committee notes the decision of the Tokyo District Court of 20 February 2002 in respect to Cases Nos. 24,224 and 12,628. In this case brought by a group of female employees against their employer, the Court held that the separate-track hiring and treatment of women and men applied by the employer was gender based and violated article 14 of the Constitution (equality under the law), and section 6 of the Equal Employment Opportunity Act. The Committee urges the Government once again to take the necessary measures to ensure that career tracking systems are not being used in a manner either directly or indirectly discriminatory against women and to provide information on the application and monitoring of the guidelines concerning employment management differentiated by career track at the enterprise level, as well as information on the guideline’s impact on the wage differential between men and women, including statistics on male and female participation in each track.

9. Measures of redress. With reference to its previous comments, the Committee notes that dispute adjustment commissions to be established at the Prefectural Labour Bureaux under the Act on promoting the resolution of individual labour disputes of 2001 replace the Equal Opportunity Mediation Commission under the Equal Employment Opportunity Act. The Committee asks the Government to supply information on the cases concerning wage discrimination on the basis of gender brought before the dispute adjustment commissions under the Equal Employment Opportunity Act. The Committee notes that during the period from 1996 to 2001 labour inspectors found 58 cases of violations of section 4 of the Labour Standards Act, but that no case was referred to the Prosecutor’s Office. Noting that a referral to the Prosecutor’s Office would be made in cases of "grave or flagrant violation", the Committee would be grateful if the Government would indicate the nature of the violations found and provide examples of what would be considered a "grave or flagrant violation" of section 2 of the Labour Standards Act. Please also continue to supply information on any judicial decision relevant to the application of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee recalls its previous observation in which it examined information contained in the Government’s report in response to an earlier observation regarding the communications from the Japanese National Hospital Workers’ Union (JNHWU), concerning "wage-based" contract staff and alleging discrimination based on the type of their contract in contravention of the Convention. The Committee notes a further communication of JNHWU of 22 August 2001, as well as a communication of the JNHWU’s Tokyo District Council of 16 August 2001 regarding the same matter, which have been transmitted to the Government for any comments it may wish to make. Noting the information from the Government that it intends to submit its comments on these communications together with its next report on the application of the Convention, the Committee has decided to take up this matter at its next session.

2. The Committee, in its previous observation, also noted receipt of observations of the Japanese Trade Union Confederation (RENGO) concerning the application of the Convention to part-time workers, which had been forwarded to the Government for comment. The Committee notes the communication of 3 July 2001 from the Community Union’s National Network, the Edogawa Union, the Nagoya Fureai Union, the Senshu Union, and the Ohdate Labour Union raising issues of a similar nature. Noting that the latter communication has been forwarded to the Government for comments, the Committee has decided to take up this matter, together with any comments the Government may have on both communications, at its next session.

3. The Committee further notes the observations received from the Fukuoka Women’s Association Union of 14 October 2001 alleging that the employment conditions of contracted employees at the Fukuoka Women’s Association constitute indirect wage discrimination against women contrary to the Convention. It also notes the observations of the Zensekiyu Showa Shell Union, the Shiba Credit Bank Employees’ Union, the Tokyo Union, the Women’s Labour Union and the Shonai Economic Federation Labour Union of 8 May 2001 alleging the existence of sex-discriminatory wage systems in a number of Japanese enterprises, as well as the observations of 15 November 2001 from the Nomura Securities Labour Union alleging discriminatory treatment of female employees in wages and promotion. These observations have been forwarded to the Government as well, and will be examined by the Committee at its next session together with any comments the Government may wish to make.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s report in response to its previous observation regarding the communications from the Japanese National Hospital Workers’ Union (JNHWU), concerning "wage-based" contract staff (chingin-shokuin) and alleging discrimination based on the type of their contract in contravention of the Convention. It also notes the court decisions and statistical information attached to the report.

2.  The Committee also notes the observations received from the Japanese Trade Union Confederation (RENGO) concerning the application of the Convention to part-time workers. These communications have been forwarded to the Government and will be examined by the Committee at its next session together with any comments the Government may wish to make.

3.  The Committee notes that no indication of the overall earnings differential between men and women was communicated by the Government this year. Nevertheless, the data supplied permitted some conclusion to be drawn concerning labour market participation rates and earnings. For example, the earnings differentials between men and women were narrower among university graduates than among groups at lower educational levels. It appears that earnings differentials tend to widen in the higher age brackets, with women university graduates aged 20 to 24 earning 91 per cent of men’s contractual cash earnings compared to women graduates in the 40-44 age group who earn 77 per cent of men’s contractual cash earnings. The same age trend is apparent among less-educated men and women. For example, women junior high-school graduates in the 20-24 age bracket earn 76 per cent of the contractual cash earnings of their male counterparts, while similarly educated women in the 40-44 age range earn 58 per cent of the earnings of men in the same age group. The Committee further notes that the participation of men and women in the Japanese labour market also varies widely by age across all sectors. Women in the 20-24 age bracket make up 49.5 per cent of the labour force in industry, 76 per cent in finance and insurance, 32 per cent in transport and communications, 40 per cent in manufacturing, 64 per cent in services and 50 per cent in the wholesale and retail trade sector. Their participation rate declines markedly in the higher age brackets, with the percentages of women aged 30-34 decreasing to 25 in industry, 40 per cent in finance and insurance, 10 per cent in transport and communications, 19 per cent in manufacturing, 37 per cent in services and 25 per cent in the wholesale and retail trade sector. The Committee requests the Government to provide statistics in its next report, in accordance with its general observation adopted in 1998, that would permit an assessment of the overall trends in the labour force participation and the remuneration levels between men and women, including the wage differentials within the same age bracket.

4.  The Committee recalls that the JNHWU alleged that there are significant disparities of treatment, including the level of wages, between wage-based contract staff, who are employed on a daily basis for a maximum of one year at a time, and permanent staff employed in the national hospitals and sanatoriums. The JNHWU claimed this situation violated the Convention because women make up 70 per cent of the pool of contract staff. The JNHWU’s communications also referred to a unilateral reduction of contract staff wages in 1993, which accentuated the pay disparity, following the adoption of "management restructuring" measures.

5.  Based upon the information provided by the Government, the Committee had observed earlier that neither direct nor indirect discrimination based on sex existed between the contract staff and the permanent staff of the hospitals and sanatoriums since women are concentrated in equally high percentages in both. The Committee, however, expressed its concern that the predominantly female sector has such a large percentage of contract staff. The Committee noted that the extensive utilization of temporary labour in a predominately female sector has an indirect impact on wage levels in general, inevitably broadening the wage gap between men and women. It therefore urged the Government to take measures to enable hospitals to harmonize their employment practices with their personnel needs in the light of the requirement under the Convention to ensure equal pay for work of equal value.

6.  The Committee notes the Government’s indication that the Ministry of Health and Welfare is making efforts to implement measures directed at harmonizing the hospitals’ employment practices with their actual personnel needs in line with the National Personnel Authority’s decision of 1996, which recommended: (a) promotion of rationalization through the reconsideration of tasks performed by wage employees, reorganization of hospital wards; (b) appointment of short-term or non-permanent staff to tasks performed over short periods or for shorter than eight hours per day; and (c) the appointment of permanent employees in positions requiring full-time service after appropriate redistribution of staff. The Government reports that efforts are being made to reduce the number of wage-based employees as much as possible and to operate national hospitals and sanatoriums with the fixed number of permanent staff. The Committee would be grateful if the Government could supply more detailed information on these measures being undertaken by the Ministry of Health and Welfare and the specific results achieved in reducing the wage differentials between the wage-based and permanent staff, considering that, as the Government itself states, this practice has existed in the national hospitals since 1968 and has been managed inadequately.

7.  The Committee also asked the Government to provide information on other sectors that may utilize wage-based contract staff and the proportion of men and women in such sectors. The Government indicates that no institutions under the public authority other than hospitals and sanatoriums engage wage-based employees. The Committee recalls that it requested this information on the existence of wage-based staff in all sectors and would be grateful if the Government could provide such information in the detail requested in its previous observation.

8.  The Committee notes the Government’s view expressed in its report, that the Committee of Experts’ observations seem to have expanded to an analysis of wage disparities between men and women in general, rather than the principle of equal remuneration for men and women for work of equal value, and thus exceeding the Convention’s scope. The Government considers that such general disparities result from various factors such as the type of sector, region, size of enterprise, form of employment, working hours, occupation, rank, age, education, and length of service. It states that these areas need to be addressed through promotion of gender equality in hiring and posting and job promotion, as well as harmonization of professional and family life. The Committee notes the analysis of the Government and agrees that the above factors are causes of pay disparities between men and women that need to be addressed. In regard to the Government’s statement that such factors are unrelated to the Convention, however, the Committee would point out that it has often recalled the link between the promotion of equal pay for work of equal value and the promotion of general measures of equality. It observes, as it has in the past, that measures to promote equal access to employment, promotions and to a wide range of occupations as well as the promotion of equal status between men and women in the society are not only relevant but essential to the full application of the Convention. The Committee also draws the Government’s attention to the fact that while the Convention does not require the abolition of differences in the general wage level between various regions, sectors or enterprises, the principle of equal remuneration for men and women workers for work of equal value extends beyond jobs performed in the same establishment, and beyond jobs performed by both sexes. It refers the Government to paragraph 22 of its General Survey of 1986 on equal remuneration, indicating that discrimination may first of all arise out of the existence of occupational categories and jobs reserved for women, which is the case in the career tracking system as applied in a certain number of enterprises in Japan.

9.  Further to its previous comments, the Committee notes the Government’s statement in its report that the career tracking system in Japan has been used mainly as a gender-based employment management system. The Committee notes from the Government’s report that, in 1998, 42.4 per cent of the companies having adopted the career tracking system in their personnel management, have hired both men and women for their fast track, which constitutes a 14.8 per cent increase as compared to the previous survey (27.6 per cent in 1995, which was itself a 18.9 per cent decrease from the 1992 survey). The Committee would be grateful if the Government could provide information on the reasons given for these fluctuations, as well as the difference between the number of companies willing to hire women on the fast track (42.4 per cent) and the number of companies declaring that they wish to "actively utilize women’s abilities" in their policy regarding utilization of women in the fast track in the future (65.6 per cent according to the "Survey of the employment circumstances of women in super track" implemented in February 2000).

10.  The Committee notes with interest that to address the gender segregation promoted through the career tracking system, the Ministry of Labour issued in June 2000 the "Matters to be noted in relation to employment management differentiated by career track", which is attached to the report. These guidelines replace the previous ones on the career tracking system and are aimed at securing compliance with the Equal Employment Opportunity Law, promoting equality between men and women in human resource management at the enterprise level, and enhancing women’s job-related competencies. The Committee notes that the guidelines acknowledge that the career tracking system has been functioning in many instances as a de facto personnel management differentiated on the basis of gender. The guidelines clarify that, pursuant to the entry into force on 1 April 1999 of the revision of the Equality Law of 1997, the employers not only have the obligation to manage the career tracking system without discrimination on the basis of gender at every stage of employment including recruitment, they are also encouraged to take positive action for the enhancement of women’s competencies in employment. The employers thus have an obligation to design each career tracking according to objective and rational considerations and an objective evaluation of the contents of tasks performed. Any changes to the treatment afforded under the tracks have to be notified and discussed with the unions and the workers beforehand. The guidelines finally enumerate a series of measures to be taken in order to manage the career tracking system in an optimal manner that takes into account the experience and competence of workers, and in a way that enhances their motivation. In this regard, reference is made to the difficulties which exist for women having regard to their burden of childcare and housework, transfer to remote workplaces that involve separation from the family, and developing a balance between work and family life. With reference to the statistical information on the participation of women in the labour market, the Committee finds it important to promote measures that will assist the professional development of women in the current social context. It must note, however, that this approach still places family responsibilities mainly on women and in this regard the Committee would refer to the obligations under Convention No. 156 which Japan has ratified.

11.  The Committee notes the above-described guidelines with interest as they address many of the sources of the wage differential between men and women to which the Committee has been making reference in its comments. It is also pleased to note that the Prefectural Labour Bureau, as well as the Equal Employment Department, will from now on base their notifications and guidance on these guidelines. The Committee would be grateful if the Government would supply information on the manner in which the guidelines are implemented at the enterprise level, their impact in reducing the wage differential between men and women, and their use in any administrative or judicial proceedings.

12.  The Committee would be grateful to be kept informed of cases concerning wage discrimination on the basis of gender brought before the Equal Opportunity Arbitration Committee, and the way they are resolved. It also welcomes the Prefectural Labour Bureau’s supervisory and promotional activities directed to enterprises and requests the Government to provide information on these activities.

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

1. The Committee notes the information contained in the Government's report in response to the communications from the Japanese National Hospital Workers Union ("JNHWU"), concerning "wage-based" contract staff (chingin-shokuin), who are employed on a daily basis for a maximum of one year at a time in national hospitals and sanatoriums, due to the shortage of permanent employees, and who are allegedly treated in a discriminatory manner in contravention of the Convention. It also notes the decision issued in November 1996 by the National Personnel Authority on this matter, a copy of which is attached to the JNHWU communications, as well as to the Government's reply.

2. The communications from the JNHWU state that there are significant disparities between the treatment of wage-based contract staff and permanent staff employed in the national hospitals and sanatoriums, in addition to the insecurity which is inherent in any event in the temporary nature of the contract. In the communications, the JNHWU alleges that marked differences in pay exist between contract staff and permanent staff and that these pay differentials constitute a violation of the Convention, given that women make up 70 per cent of the pool of contract staff. The JNHWU's communications also refer to a unilateral reduction of contract staff wages in 1993, which accentuated the pay disparity, following the adoption of "management restructuring" measures, aimed at correcting irregularities in the administration of the national hospitals that were found during the course of an investigation into the hospitals and health facilities in the country.

3. The Committee notes the Government's statement that the base salary rates of permanent and contract staff are practically identical for the first five years of employment, during which period most of the contract employees acquire permanent status. The JNHWU's communications further reveal that these contract workers, according to allegations contained in the communications and which are uncontradicted by the Government, appear to work the same number of hours and carry out the same tasks as the permanent staff. Many of them have accumulated many years of service in the same establishment. However, contract staff do not receive certain additional benefits such as paid sick leave or equivalent paid holidays. Nor do they have access to social security programmes which are available to permanent staff. The Government indicates that these differences are justified by the difference in status between permanent and contract staff, a position that is confirmed by the decision of the National Personnel Authority. The Committee notes the Government's indication that the main problem lies in the inadequate utilization of "non-permanent" labour by the national hospitals, a point that is also raised in the November 1996 decision of the National Personnel Authority mentioned above. It also notes that, in its decision, the Authority recommended that the Ministry of Health conduct a study of the work performed by non-permanent staff, in order to re-evaluate its personnel policy and harmonize its employment practices with its personnel needs.

4. The Committee notes that these contract workers are being treated less favourably than permanent staff. It observes that the discrimination alleged in the JNHWU communications is a discriminatory practice based upon the type of contract executed at the time of hire, and that this does not constitute direct sex discrimination within the meaning of the Convention. Nevertheless, the Committee notes that, according to the JNHWU communications, 70 per cent of contract staff are women, thus constituting a category of employees which is predominately female. It appears from the information supplied that most of the contract staff are nurses and assistant nurses. The Government points out that this high percentage of women is also to be found in the pool of permanent staff. Consequently, the Government states that, since women are concentrated equally in both contract and permanent employment, there is therefore no indirect discrimination. The Committee agrees that the allegation of discrimination on the basis of sex as between contract staff and permanent staff in the national hospitals and sanatoriums would appear not to be well-founded.

5. The Committee is concerned, however, that the sector in question, which is predominately female, has such a large percentage of contract staff. It recalls from its previous comments that a significant wage disparity exists generally between men and women in the country, and it is thus compelled to consider the allegations and explanations in the light of these existing salary differentials, and in the general context of equality between men and women in the labour market. The Committee notes that, while the contract staff may not be more female-dominated than the permanent staff, as a whole the sector in question is predominately female. A practice which appears to be gender-neutral because it affects workers of both sexes may constitute indirect discrimination where it disproportionately affects workers of one sex, a situation that may arise with regard to a sector where one sex predominates. The Committee notes that the extensive utilization of temporary labour in a predominately female sector, by maintaining or increasing the number of temporary female workers, has an indirect impact on wage levels in general, inevitably broadening the existing wage gap between men and women. The Committee notes that this practice has existed in the national hospitals since 1968 and that, in this case, as the Government itself has stated, it was managed inadequately. It therefore urges that measures be taken by the Ministry of Health in respect of the hospitals, to enable them to harmonize their employment practices with their personnel needs in the light of their obligations under the Convention to ensure equal remuneration for work of equal value. It requests the Government to keep it informed of progress made in this regard. In addition, it asks the Government to provide information concerning other employment sectors which utilize contract staff, including the types of jobs and occupations undertaken by contract labour, and to further supply information concerning the proportions of women and men in those jobs and occupations, as compared to the proportions of men and women in permanent positions.

6. The Committee also repeats its request that the Government continue to keep it informed concerning the functioning of the dual career-track system and the measures taken to ensure that all tracks are open to women on the same basis as men, in practice as well as in law. It also requests the Government to supply information on the measures taken to secure the cooperation of the social partners in the promotion of equality of remuneration between men and women for work of equal value.

7. Recalling from its previous observations that some companies operate the career-track system in a manner that discriminates against women by hiring only or mainly men for the "fast track", the Committee reiterates the request made in its previous observation that the Government supply information concerning judicial decisions relating to the new Equality Act guaranteeing equality of opportunity and treatment for men and women workers, which was promulgated in June 1997 and entered into force on 1 April 1999 (together with detailed guidelines). It also requests information on the measures taken to promote the Act's implementation, including the reduction of the high wage differential in the average earnings of men and women.

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

1. The Committee notes the information in the Government's report and the attached documentation including the comments of 6 October 1998 received from the Japanese Trade Unions Confederation (JTUC-RENGO). It further notes the reply of the Government to the comments of JTUC-RENGO. The Committee also notes the communications of 6 August 1998 and 26 November 1998 received from the Japan National Hospital Workers' Union concerning the application of the Convention in Japan. These comments have been sent to the Government for any observations it may wish to make.

2. For a number of years now, the Committee has encouraged the Government to take measures consistent with the Convention in order to reduce the high wage differential in the average earnings of men and women, a differential which is more pronounced in older workers. According to the Government's reply to the comments of JTUC-RENGO on the persistence of the wage gap between men and women in Japan, 1997 figures show that the wage differential (51.1 per cent) of the average total monthly earnings of men and women in establishments with more than 30 employees had not been reduced during the last few years. Both the Government and JTUC-RENGO attribute this to an increase in part-time workers, who are mostly women. They point out that some progress in closing the gap could be marked if part-time workers were excluded from consideration.

3. With reference to its previous observation in which the Committee noted that the concentration of women in lower-paid jobs and their lack of equal opportunities appeared to be primary causes of the existing wage differential in Japan, the Committee notes with interest the adoption of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment. The Act will enter into force in April 1999 and has the aim of strengthening the Equal Employment Opportunity Act. The Committee notes that the Act prohibits discrimination against female workers by employers in recruitment and hiring (section 5), assignment, promotion and training (section 6), fringe benefits (section 7), mandatory retirement age, retirement and dismissal (section 8) and sexual harassment (section 21). It also notes that the Act contains provisions concerning settlement of disputes and provides for the possibility of government assistance for employers that seek to promote equal opportunity. The Committee also notes the Government's indication that restrictions on overtime and night work by women as well as work during holidays, contained in the Labour Standards Act, have been abolished to expand employment opportunities of women and promote equal treatment.

4. With reference to its previous comments concerning the existence of the two-track career system and the participation rate of women in fast-track career development jobs, the Committee recalls that a 1992 survey indicated that, of the enterprises that use a multiple-track career development system, 35.4 per cent hire both men and women for the fast track, while the remaining 64.6 per cent hire men only. A similar survey undertaken in 1995 indicates that the percentage is down 7.8 points to 27.6 per cent that hire both men and women. The Government reports that under the career-tracking system, workers should be hired into tracks based on the content of the job and that assignment, promotion and training opportunities differ, depending on the track, being greater in the fast track. While noting that if operated properly the track system should not lead to discrimination against women, the Government acknowledges that some companies operate the career-tracking system in a manner that discriminates against women by hiring only or mainly men for the fast track. The Committee thus notes with interest that the detailed guidelines, developed pursuant to the new Equality Act, characterize as measures falling under the prohibition of discrimination, recruitment of men only for fast-track career development jobs (sogoshoku) and women only for regular office jobs (ippanshoku) (paragraphs 2(a)(2) and (f)(2)). It also notes the Government's indication that, in 1991, it adopted standards containing the "Proper approach to career tracking in employment management". The Committee requests the Government to continue to provide it with data on the operation of the career tracking system and the measures taken to ensure that all the tracks are open to women on the same basis as they are open to men in practice as well as in law.

5. Further to its previous observation that the seniority wage system also appeared to be a primary cause for the existing wage differential, the Committee notes the Government's indication that it is actively promoting various measures to harmonize working life with family life, such as the establishment of a child care leave system and a family care leave system, so as to address the effects of difference in length of service between men and women on equal remuneration (see also under the Workers with Family Responsibilities Convention, 1981 (No. 156), ratified by Japan). The Committee also notes the decision handed down in the Shiba Shinkin Bank case whereby the court found that, in spite of their eligibility under an automatic seniority-based promotion system, the defendant had failed to promote women, and subsequently ordered the defendant to accord eligible women their promotion and corresponding pay. The Committee notes in this respect that this case constitutes an example of difference in treatment within a seniority wage system and thus does not impact on the seniority wage system itself. In this respect, the Committee once again requests the Government to indicate whether it is considering a reform of the wage system to change the basis from seniority to job content.

6. The Committee notes that the guidelines issued pursuant to the new Equality Act provide detailed explanations on how employers are to deal properly with recruitment, hiring, job assignment, promotion and training. They also include examples of action that would contravene the Act, such as hiring only men or women for certain jobs, including part-time jobs (paragraphs 2(a)(1) and (4) and 2(f)(1) and (4)), using job titles referring only to men or women (paragraphs 2(a)(5) and 2(f)(5)), and referring to specific qualifications which limit those to be recruited only to men or women (paragraphs 2(a)(3) and 2(f)(3)). The Committee requests the Government to provide information on the judicial enforcement of the Act, including the guidelines, especially in cases where the settlement schemes do not lead to a mutually satisfactory outcome.

7. In its comments, JTUC-RENGO provides an overview of efforts it has made to improve the wage differential within the framework of collective bargaining negotiations. The Committee notes this information and would be grateful to continue to be kept informed of the measures taken by the Government to engage the cooperation of the social partners in promoting equal remuneration between men and women for work of equal value.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report and the communication of 30 September 1996 received from the Japanese Trade Union Confederation (JTUC-RENGO).

1. For some years, the Committee has encouraged the Government to take measures consistent with the Convention in order to reduce a persistently high wage differential in the average earnings of men and women, a differential which is more pronounced for older workers. The Committee has observed that the seniority wage system, together with the concentration of women in lower paid jobs and their lack of equal employment opportunities, appear to be the primary causes of the wage differential. In the course of this dialogue, the Committee has suggested that measures be taken to introduce systems which enable an objective appraisal of jobs. The Committee considered this action would assist in ascertaining whether section 4 of the Labour Standards Act, 1947 - which prohibits employers from discriminating between men and women "concerning wages by reason of the worker being a woman" - is interpreted broadly enough to comply with the principle of the Convention; and that it would help to ensure that the jobs performed mainly by women are not remunerated at levels inferior to those undertaken by men, due to value judgements about the respective qualities and worth of men's and women's work. In its observation of 1992, the Committee had noted that, according to the Government, the employers and workers in the country recognized the merits of the seniority-based system and any reform would have to be undertaken gradually to avoid jeopardizing these merits. The Government's most recent reports, and its representatives in the 1993 and 1994 Conference Committee discussions on this case, have not commented on the possibility of introducing a wage system based on job content. The Committee must therefore conclude that there does not appear to be a consensus among the social partners to change the present situation in this regard. There appears also to be support for this conclusion in the comments made by RENGO, which states that it would be difficult in the short term to introduce a new wage system that would be very different from the present one, partly because wage negotiation is carried out at the level of each enterprise.

2. As regards other initiatives to reduce the wage differential, the Committee notes with interest that the Government has taken some active steps to promote equality of opportunity and treatment in employment for women workers. In March 1994, the Guidelines for Measures that Employers should Endeavour to Adopt to implement the Equal Opportunity Act, 1985, were revised to enumerate further the types of practices considered inconsistent with equal opportunity and treatment. In relation to recruitment and hiring, the practices include establishing prior limitations on the number of women recruited or hired, either generally or for specific types of jobs; and treating women unfavourably as compared with men in regard to providing information on recruitment and hiring, such as explanations on job offers. In assigning certain duties, employers are also called upon not to exclude only women workers for reasons such as marriage, for having reached a certain age or for having children. The Government indicates that it has been making efforts to ensure that both the Act and its Guidelines are publicised and implemented. The Government also states in its report that, in order to enlarge the areas of employment for women, certain of the restrictions stipulated in the Labour Standards Act have been eased and that, along with the review of that Act, the Equal Employment Opportunity Act is being examined by the Women's and Young Workers' Problems Council. The Government states that any necessary legislative action will be taken on the basis of the results of the Council's deliberations.

3. The Government has also supplied information on the outcome of a 1994 survey on the factors accounting for the difference in average actual income between men and women. After adjustments were made to the composition of the workforce to take account of different factors, such as age, level of position, length of service, educational background, etc., women's scheduled cash earnings represented some 80 per cent of men's. As to the factors accounting for this wage difference, the length of service was the most significant, followed by the level of the position held and the educational background. The report also notes that men and women hold different occupations and that the scheduled cash earnings include various allowances paid to household heads (such as family and housing allowances), which are not negligible. In order to reduce the difference in average actual income due to these factors, the Government states that its foremost concern is to reduce the difference in men's and women's length of service. Accordingly, measures have been taken to promote the better harmonization of work and family responsibilities through such initiatives as the Act concerning the welfare of workers who take care of children or other family members including child care and family care leave (Act No. 107 of 9 June 1995). Although some provisions of this Act, including those relating to the system of family care leave, will be enforced only as from April 1999, the Government states that it is promoting an early introduction of the system of family care leave as well as improvements in the working environment, so that workers will be able to easily take child-care and family care leave and return to work or continue working. In addition to these measures, which also serve to implement the provisions of the Workers with Family Responsibilities Convention, 1981 (No. 156) - ratified by Japan in 1995 - the Committee hopes that the Government will continue to address the other sources of the wage differential.

4. In this regard, the Committee has noted that a 1995 survey undertaken by the Ministry of Labour disclosed that among the companies which hired sogoshoku workers (those engaged in planning and decision-making jobs and expected to become top executives), only 27.6 per cent employed both males and females, which was a decrease of 18.9 points from the figure recorded in the previous 1992 survey. According to a report about this survey in the Japan Labour Bulletin of 1 June 1996, it was noted that "the larger the company, the higher the percentage of those which have adopted the two-track system" (sogoshoku, or ippanshoku which comprises those engaged in general office work). The Committee requests the Government to indicate the measures taken to address this practice and any others which limit equality of opportunity and treatment in employment for women, which are inconsistent with the revised Guidelines.

5. In its comments, RENGO states that, in order to narrow the wage gap concretely and realistically, legislation must be enacted to prohibit discrimination between men and women or to strengthen the current Equal Employment Opportunity Act. It also states that enforcement regulations of the Labour Standards Act should be enacted, so as to determine clearly those acts which constitute discrimination against women; and that the Act should prohibit unfavourable treatment for workers who exercise the rights guaranteed by the Act, such as the right to maternity protection. RENGO indicates that it has been promoting a campaign to correct the gender wage gap in the context of collective bargaining. Specifically it has sought, among other things, to eliminate discrimination in the application of the wage table, in promotions, and in respect of family and housing allowances. RENGO recommends, in particular, the abolition of the premium severance pay system for women employees that encourages them to resign at the time of marriage, pregnancy or childbirth and considers that other measures should be taken to enable women to continue working in these circumstances. It also stresses that women should not suffer disadvantageous treatment for exercising their legal rights, such as maternity leave.

6. The Committee has noted from an article in the Japan Labour Review of 1 August 1996 that a bill revising the Equal Employment Opportunity Act is likely to be submitted to a regular session of the Diet (Parliament) in 1997. The Committee hopes that the Government, in cooperation with the social partners, will take this opportunity to reinforce the legislation and create machinery for its effective enforcement. It also hopes that any future action will take account of the concerns expressed both by the Committee and the Conference Committee over certain practices which undermine the application of the Convention. The Government is requested to provide information in its next report on any further measures taken to ensure and promote the application of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the Government's report and the information submitted to the Conference Committee in 1993.

1. In its observations of 1992 and 1993, the Committee summarized the dialogue it has had with the Government over a number of years concerning the application of the principle of equal remuneration for work of equal value. Essentially, the Committee has sought information on the effect given to this principle by the implementation of section 4 of the Labour Standards Act, 1947, which prohibits employers from discriminating between women and men "concerning wages by reason of the worker being a woman". The Committee has noted that this stipulation (violations of which may be met with penal sanctions) has been implemented through periodic inspections by labour inspectors and the provision of guidance to employers. In order to ascertain whether the national legislation is interpreted broadly enough to comply with the principle of the Convention, the Committee has requested the Government to indicate the measures taken to evaluate and compare the value of the different work performed by men and women on the basis of objective criteria.

2. While no information was provided on this matter, the Government had furnished the results of wage surveys undertaken by the Ministry of Labour. On the basis of one survey of 1988, the Committee had noted that, while there had been a narrowing of the differential in the starting salaries of male and female graduates of high schools and universities, women's average monthly cash earnings were about 60.5 per cent of those of men. From information supplied in the reports of the Government, the Committee had observed that two primary reasons appeared to account for the persistence of an important wage differential in average earnings and for the widening of the wage differential in relation to the age of women workers: the first being the seniority wage system, under which the employee's pay rises with the length of service in the same enterprise; and secondly, the fact that women are concentrated in lower paid jobs and are not accorded equal employment opportunities.

3. The Committee had recalled an earlier statement of the Government indicating that a change from a seniority wage system to one based on job content would promote the principle of equal remuneration for men and women by reducing the difference in earnings due to the shorter average length of women's service. It had accordingly requested information on the extent to which an objective appraisal of jobs - within the meaning of Article 3 of the Convention - might be introduced in the context of the present system, so that the value of the different jobs undertaken by men and by women might be compared in terms of their actual content or requirements on the basis of non-discriminatory criteria. The Committee noted that, according to the Government, there was no national consensus that the jobs performed mainly by women are given an unreasonably lower value in terms of their content than jobs performed mainly by men, on account of subjective value judgements based on traditional notions concerning the respective qualities of men and women. The Committee accordingly requested detailed information on the minimum or basic wage rates and the average actual earnings of men and women employed in different sectors or occupations (including those where one sex predominates) broken down by seniority and skill level, as well as information on the percentage of women and men employed in these different sectors or occupations. In its present report, the Government states that statistics comparing the average actual earnings of men and women in different occupations, broken down by seniority and skill level, are not available.

4. Following the enactment of the Equal Employment Opportunity Act, 1985, the Government reported on its efforts to promote equal employment opportunities for women, stating that the previous lack of such equality was a factor which accounted for the wage differential between men and women. The Committee noted that measures had been taken to ensure equality of access of men and women to either of the two career tracks distinguished in occupational classifications (referred to as "main or key work" and "auxiliary work"). The Committee was unable to ascertain progress on this matter due to the lack of detailed information on the enterprises or economic sectors where different wage scales were set for these categories or on the percentages of men and women in each category. The Committee did, however, cite information provided by the Government concerning a survey which revealed that only 23 per cent of enterprises stated that they assigned women to all jobs while the others stated that they assign them to jobs "where they can display their characteristics and sensitivity as females", or where "they can make the best use of their special skills" or to "subsidiary jobs" only.

5. During the discussion of this matter in the 1993 Conference Committee, a Government representative stated that the wage differential between the sexes was a result of men and women working in different sectors, as well as differences in the number of years of service under a seniority-based wage system, rather than the insufficient application of the principle of equal remuneration for work of equal value. She also stated that, in order to solve the problem of the segregation of men and women into different areas of work, the Government was making efforts to promote the enforcement of the Equal Employment Opportunity Act, 1985. Moreover, as differences in the number of years of service of men and women were caused partly by the difficulty in balancing professional and family responsibilities, the Government had enacted the Child Care Leave Act, 1992. In its report, the Government states that, although the Equal Employment Opportunity Act has no direct relevance to this Convention (because it does not prescribe equal pay), guidelines concerning recruitment, hiring, job assignment and promotion have been formulated under section 33 of the Act, which empower the Minister of Labour to provide advice, guidance or recommendations to an employer. The Government also indicates that the tripartite Women's and Young Workers' Problems Council is examining the ways and means of ensuring a full understanding of and compliance with the Act.

6. The Committee notes the Government's increased efforts to promote equality of opportunity and treatment between men and women as a means of furthering the application of this Convention. It trusts that the Government will describe, in more detail, the particular measures taken in this regard in its future reports. The segregation of men and women into different sectors, occupations and specific jobs within enterprises has resulted in all countries from strongly entrenched historical and social attitudes. The particular issue of segregation would not, however, pose a problem under the Convention were it not for the fact that the jobs in which women are predominantly employed are almost invariably paid less than those held primarily by men. It is with a view to reducing the difference in wages resulting from traditional stereotypes with regard to the value of "women's" work that the Committee has emphasized the importance of adopting and applying in a uniform way, non-discriminatory criteria to evaluate the different work of men and women. Accordingly, the Committee hopes that the Government will consider, in consultation with the social partners, how to evaluate and compare the different work of men and women on the basis of objective criteria. The Committee also recalls its 1990 General Observation where it observed that governments experienced difficulties in applying the Convention when they lacked knowledge of the true situation, due to the unavailability or inadequacy of data and research. Accordingly, the Committee urges the Government to take the necessary steps to compile and supply the necessary information on earnings and related factors in order to document fully the nature and extent of existing inequalities so that appropriate remedies can be devised.

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

1. In its 1992 observation, the Committee had noted from a 1988 survey that while there had been a narrowing in wage differences in the starting salaries of male and female graduates of high schools and universities, women's average monthly cash earnings were about 60.5 per cent of those of men. From the information supplied in the reports of the Government, the Committee had observed that two primary reasons appeared to account for the persistence of an important wage differential in average earnings and for the widening of the wage differential in relation to the age of women workers: the first being the seniority wage system, under which the employee's pay rises with the length of service in the same enterprise; and secondly, the fact that women are concentrated in lower paid jobs and are not accorded equal employment opportunities, as shown by a survey in which only 23 per cent of enterprises stated that they assign females to all jobs while the others stated that they assign them to jobs "where they can display their characteristics and sensitivity as females", or where "they can make the best use of their special skills" or to "subsidiary jobs" only.

2. The Committee requested the Government to indicate any progress made towards a wage system based on job content and the measures taken or envisaged to ensure that jobs performed mainly by women are not given a lower value, on account of subjective judgements based on traditional notions concerning the respective qualities of men and women. It had also drawn attention to the desirability of taking measures to ensure that inequalities in recruitment, assignment and promotion, which appear to be somewhat responsible for the maintenance of the wage gap, are remedied.

3. In its last report, the Government states that its basic policy is to give effect in a strict way to the provisions of the ILO Conventions that it has ratified; and that it is doing its utmost to secure compliance with the requirements of Convention No. 100. In the view of the Government, the Committee's observation of 1992 did not recognize accurately the systems and actual situation in the country, and covered the whole issue of the differential in average wages between men and women, going beyond the matters dealt with in the Convention. The Government considers that in respect of this Convention, the Committee should limit its judgement to the issue of equal remuneration for work of equal value and that it should leave other issues, such as securing equal employment opportunities, to be taken up at another occasion.

4. The Committee takes note of this statement. It appreciates the Government's commitment to implementing the Convention, as evidenced by its sustained efforts to maintain a dialogue on the matter. In this regard, the Committee recalls its 1990 general observation, where it observed that most ratifying countries experience serious difficulties in applying the main requirement of the Convention.

5. In determining the application of the Convention, the Committee has been concerned to elicit information on the wages received by men and women and the wage differentials between men and women, as such data may indicate the existence of problems, thus providing a basis for further studies and measures to implement better the principle of the Convention.

6. The Committee has also sought information on the means used to apply the principle of equal remuneration for work of equal value. In its previous observation, the Committee had not suggested that the seniority wage system be discontinued. It had reflected a statement of the Government indicating that a change from a seniority wage system to one based on job content should promote the principle of equal remuneration for men and women. Consequently the Committee had requested information on the extent to which an objective appraisal of jobs - within the meaning of Article 3 of the Convention - might be introduced in the context of the seniority wage system, so that the value of the different jobs undertaken by men and women may be compared in terms of their actual content or requirements. The Committee had pointed out in this regard that such comparisons should use non-discriminatory criteria, to ensure that the jobs performed mainly by women are not ascribed a lower value than those performed by men.

7. The Committee notes the Government's statement that there is no national consensus that jobs performed mainly by women (as for example, nursing) are given an unreasonably lower value in terms of their content than jobs performed mainly by men, on account of subjective value judgements based on traditional notions concerning the respective qualities of men and women. Consequently, no measures are being taken or contemplated from such a viewpoint. The Committee has, however, noted with interest that the Government has been providing counselling and assistance to enterprises which plan to improve the seniority wage system into a wage system based on job content, though information is not available showing the extent of progress because of changes in the method of statistical surveys.

8. The Committee requests the Government to supply, in its next report, detailed information on the minimum or basic wage rates and the average actual earnings of men and women employed in different sectors or occupations (including those where one sex predominates) broken down by seniority and skill level, as well as information on the percentage of women and men employed in these different sectors or occupations. The Committee would also be grateful if the Government would continue to supply information on the measures taken to advise enterprises on the introduction of a wage system based on wage content, including information on the criteria used to compare and classify the jobs performed by men and women.

9. Regarding the relevance to the Convention of measures to promote employment opportunities for women, the Committee has pointed out consistently that a comprehensive approach concerning equality of opportunity and treatment in employment and occupation is of particular importance for the application of this Convention. As it observed in paragraph 252 of its 1986 General Survey on Equal Remuneration, the equal evaluation of work and equal rights to all of the components of remuneration cannot be achieved in a general context of inequality. In this regard, the Committee notes the Government's statement that it is necessary to continue studying measures to further the aim of the Equal Employment Opportunity Law, 1985. The Committee requests the Government to indicate the measures which are taken or contemplated to encourage employers to give equal opportunities to women in recruitment, hiring, assignment and promotion, as employers do not have the obligation to do so under the Equal Employment Opportunity Law, 1985.

10. The Committee has noted that, in response to its suggestion of awarding seniority credits to women who have interrupted their careers to meet family responsibilities, the Government has referred to the provisions of the 1992 Law concerning child-care leave, which enables workers to take leave without resigning. The Committee requests the Government to indicate whether, in the case where a woman does take leave for family reasons under the Law, she is re-employed at the same seniority level to which she would have been entitled had she not interrupted her employment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information contained in the report of the Government.

1. Referring to its previous comments concerning different occupational classification and wage scales for "main or key" work and "supplementary" work, the Committee notes that no detailed information is available on the incidence of this practice. The Committee recalls that in its general observation of 1990, it emphasised the importance of obtaining adequate data in order to further an appreciation of the application of the Convention. The Committee hopes that the Government will take active measures to ascertain whether women form the majority of workers classified in the "supplementary" work category of such classification in collective agreements or in other wage-fixing instruments; and that full information will be supplied on the activities of the Prefectural Women's and Young Workers' Offices to ensure that women are not denied access to either of these classifications.

2. The Committee requests the Government to provide the texts of any court decisions relevant to the application of the Convention.

3. The Committee requests the Government to supply in its next report, full particulars on the measures being taken or contemplated, either alone or in cooperation with the social partners, to promote the application of the principle of equal remuneration (such as information and awareness campaigns on women's rights, educational and training activities for and by women's organisations, trade unions, employers' organisations, staff of government services concerned with training and placement and the labour inspectorate).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In comments made over the course of a number of years, the Committee has sought information which would enable it to ascertain the extent to which the application of the Convention has resulted in a narrowing of the wage differential between women and men. On the basis of the most recent information provided by the Government, the Committee notes that the starting salary of women upper-secondary school graduates has narrowed to 94.7 per cent of that of men in the same position in 1990. A comparison made between male and female "standard" workers (i.e. a worker who has remained employed by the same enterprise since graduation) of the same age and length of service who were graduates from upper secondary schools, revealed that the wages of women represented nearly 90 per cent of those of men in the 20's age group and 70 per cent in the 50's age group. The "Basic Survey on Wage Structure", Ministry of Labour, June 1988 (which appears to be the source of the latter-mentioned data) reveals that wage differences, at least in the starting salaries, are levelling off among junior high school and high-school graduates, and narrowing among university graduates. This same survey indicated, however, that women's average monthly cash earnings are about 60.5 per cent of those of men.

2. From the information supplied in the reports of the Government, the Committee observes that two primary reasons appear to account for the persistence of an important wage differential in average earnings and for the widening of the wage differential in relation to the age of women workers; the first being the seniority wage system, under which the employee's pay rises with the length of service in the same enterprise; and secondly, the fact that women are concentrated in lower paid jobs and are not accorded equal employment opportunities.

3. As concerns the seniority wage system, the Government had earlier stated that a change to a wage system based on job content would promote the principle of equal remuneration for men and women by reducing the difference in earnings due to the shorter average length of women's service. It had pointed out, however, that both employers and workers recognised the merits of the seniority-based system and that it would have to be reformed gradually to avoid jeopardising these merits. The Committee requests the Government to indicate whether there has been any progress towards a wage system based on job content. In order to ensure that the trend towards a narrowing of the wage differential at the entry level is maintained as those workers age, the Committee also requests the Government to indicate whether consideration has, or might be given, to introducing a system whereby seniority credits are awarded to women who break their careers for child-bearing or rearing or in order to meet other family responsibilities.

4. In relation to overcoming pay inequalities through measures to promote equal opportunities for women workers, the Committee has noted the information provided in the Government's report concerning measures to implement the Equal Employment Opportunity Law, 1985. The Committee recalls that while this Law prohibits discrimination on the ground of sex in relation to vocational guidance, the payment of fringe benefits, the mandatory retirement age and retirement and dismissal on the ground of marriage, pregnancy and childbirth, it provides that employers "should endeavour" to give equal opportunities to women and men in recruiting, hiring, assigning posts or promoting workers. The Committee has noted that under the Voluntary Check-up System on Employment Management for Women Workers, instituted by the Minister of Labour in 1988 (following which, persons to promote equal opportunities were appointed in 20,000 establishments) enterprises are not requested to analyse and submit reports on progress. However, a Basic Survey on Women's Employment Management revealed, among other things, that while 87.3 per cent of enterprises responded that there had been no change in three years in the number of women holding director-level posts, 74.8 per cent of enterprises indicated that they planned to improve women's employment status. Within the context of this survey, an analysis of the basic thinking about the assignment of female workers showed that 45.7 per cent of enterprises stated that they "assign female workers to jobs in which they can display their characteristics and sensitivity as females", 23 per cent stated they assign females to all jobs and 16.7 per cent said they assign women to "those jobs in which they can make the best use of their special skills"; 7.9 per cent assign females only to subsidiary jobs.

In the light of these indications, the Committee requests the Government to give consideration, in consultation with the social partners, to taking additional measures to ensure that existing inequalities in recruitment, hiring, assignment and promotion, which appear to be somewhat responsible for the maintenance or continuance of the wage gap, are remedied.

5. Recalling that the Convention, by placing the comparison of jobs on the basis of the value of the work, necessitates the use of criteria to compare the value of the different work undertaken by women and men, the Committee requests the Government to indicate the measures taken or contemplated to ensure that jobs mainly performed by women are not given a lower value than jobs mainly performed by men, on account of subjective value judgements based on traditional notions concerning the respective qualities of men and women.

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

The Committee notes the Government's report.

1. In its previous comments the Committee noted that, according to the Basic Survey on Wage Structure undertaken by the Ministry of Labour in 1987, the difference between the starting salaries for male and female senior high school graduates had been increasing. It requested the Government to supply detailed information on the measures taken or contemplated to promote the application of the principle of equal remuneration in that regard and on the progress made.

The Committee notes the Government's statement that this difference does not necessarily imply a violation of the principle of equal remuneration, since it may be explained by different occupational structures between the two groups. The Committee also notes that the period of implementation of the Basic Policy concerning Measures for the Welfare of Women Workers (promulgated in June 1987) is five years from fiscal 1987 to 1991. The Committee hopes that the ongoing efforts to implement the Act and the gradual implementation of the Basic Policy will by 1991 have resulted in the disappearance of the wage gap between the starting salaries for male and female school graduates. It notes the small decrease indicated in the report, and requests the Government to continue supplying detailed information on the measures taken to that effect and on the results achieved.

In this respect the Committee also notes the launching by the Ministry of Labour in fiscal 1988 of a Voluntary Check-up System on Employment Management for Women Workers. It requests the Government to include information in its next report on the progress achieved in the application of the principle of equal remuneration for men and women workers for work of equal value, by means of the Voluntary Check-up System.

2. In its previous comments, the Committee requested the Government to supply further information on developments in law and practice with regard to separate wage scales existing under collective agreements, and on any influence of the Equal Employment Opportunity Act observed in that regard.

The Committee notes the statement in the Government's report that an occupational classification which distinguishes "main or key" work and "supplementary work" (the establishment of which was noted in the Committee's previous observation) is primarily based on factors such as the content of job, which has no relation to sex, and that, therefore, different wage scales according to such an occupational classification do not run counter to the principle of equal wages for men and women. The Committee also notes that since the Equal Employment Opportunity Act has come into force, in cases where women cannot have access to either of these occupational classifications without valid reasons, the Prefectural Women's and Young Workers' Offices give active administrative guidance, urging employers to comply with the obligation to make efforts as required by the law.

The Committee requests the Government to include in its next report detailed information with regard to the enterprises or economic sectors which have different wage scales for "main or key work" and "supplementary work"; the distribution of occupations over these two wage scales and the methods used for such a distribution, and the percentages of men and women workers in each of the two scales. The Committee also requests the Government to supply information as to what would be valid reasons to deny women access to either of these wage scales. Please also indicate how often Prefectural Women's and Young Workers' Offices have given administrative guidance in this respect, and the results thereof.

3. With regard to the eligibility of women workers for allowances such as family or housing allowances, the Committee notes that discriminatory treatment in respect of such allowances on the ground of sex is in violation of section 4 of the Labour Standards Act. It further notes that different treatment of men and women with regard to fringe benefits is not allowed under the Equal Employment Opportunity Act, and notes the statistical information on the application of fringe benefits annexed to the Government's report.

It requests the Government to supply information on any changes in the granting of fringe benefits to men and women workers as a result of the Voluntary Check-up System on Employment Management for Women Workers launched by the Ministry of Labour in 1988.

4. In its previous comments, the Committee requested the Government to furnish information on any measures taken or under consideration to encourage the introduction of a wage-fixing system based on an objective appraisal of job content, and, referring to paragraphs 19 to 21 and 44 to 70 of its 1986 General Survey on Equal Remuneration, on the manner in which the principle of equal remuneration is applied in practice where men and women perform work of a different nature but of equal value.

The Committee notes from the information supplied by the Government that section 4 of the Labour Standards Act is applied on the basis of a comprehensive judgement from the viewpoint of whether or not a difference in wages between men and women workers is due to a difference in job, efficiency, skill, etc., in concrete terms.

The Committee, observing that the Government has referred on several occasions to the difference in job content as an explanation for the application of different wage scales, requests the Government to furnish further information on the methods used in practice to assess the content and value of jobs, and on the measures taken in pursuance of Articles 3 and 4 of the Convention to encourage the introduction of a system of objective appraisal of jobs on the basis of work to be performed, both in the private and public sectors.

5. The Committee notes from the Government's report that the Equal Employment Opportunity Act does not provide the principle of equal remuneration for men and women workers. However, referring to paragraph 100 of its 1986 General Survey on Equal Remuneration, in which it recalled that equal remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to various levels of employment, the Committee requests the Government to continue to supply information on the progress made in the implementation of the Equal Employment Opportunity Act, in particular as regards the hiring, recruitment, assignment and promotion, and retirement of women workers. The Committee further requests the Government to continue to supply information on the activities of the inspection services responsible for ensuring the application of section 4 of the Labour Standards Act concerning equality of remuneration.