Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Japan (Ratification: 1992)

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

Previous comment

The Committee notes the observations of the National Union of Welfare and Childcare Workers (NUWCW) received on 27 August 2018 as well as the response of the Government in that regard, transmitted with its report.

The Committee also notes the additional observations of the NUWCW received on 26 October 2023 and the observations of the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report received on 29 August 2023. The Committee requests the Government to provide its comments on these observations.

Articles 1, 2 and 3 of the Convention. Employment promotion for persons with disabilities. In reply to the Committee’s previous comments on the nature and impact of measures taken to achieve the statutory employment quota for persons with disabilities, the Government reiterates that guidance is provided to companies in the elaboration of employment plans and that non-compliant employers are publicly named and required to pay a levy of 50’000 Japanese yen per month, per person under the quota. The Government adds that, in the fiscal year (FY) 2021, 27,553 employers were required to pay the levy and that, in the period FY2018–FY2021, the names of seven non-compliant companies were disclosed. The Government further indicates that, starting from FY2024, additional support will be provided to persons with disabilities regarding the interviews and the development of professional skills throughout their careers. The Committee also notes that, in its 2023 observations, the JTUC–RENGO states that the Government is planning to increase the statutory employment quota for persons with disabilities to 2.7 per cent in 2024. The Committee however notes that the Government does not provide comments on the observations submitted in 2016 by the NUWCW (and reiterated in 2018) according to which the levy system in place to sanction non-compliant employers is not effective, as it is less costly to pay the levy than to employ persons with disabilities.

Regarding the impact of the measures implemented, the Committee notes the Government’s indication that 613,958 persons with disabilities were employed in the private sector as of June 2022, representing a 2.7 per cent increase (16,172 persons) compared with June 2021. The Committee also notes the Government’s indication that the employment rate of persons with disabilities has been steadily increasing over the last decade, reaching 2.25 per cent in 2022 (against notably 2.20 per cent in 2020 and 1.92 per cent in 2016). The Committee further notes that, based on the statistics provided by the government, among the persons with a disabilities in employment in private companies, 58.1 per cent have a physical disability (357,767 persons), 23.8 per cent have an intellectual disability (146,426 persons), and 17 per cent have a mental disability (109,764 persons). Among the persons with physical disabilities, the Government indicates that 3.83 per cent are visually impaired (13,697 persons), 8.96 per cent are hearing or equilibrium impaired (32,059 persons), 31.41 per cent are orthopedically impaired (112,241 persons), and 22.64 per cent are internally impaired (81,011 persons). The Committee however notes that the Government does not address the observations submitted in 2016 by the NUWCW, according to which the statistics provided do not reflect the actual employment situation of persons with disabilities, neither in terms of number nor quality. In terms of number, the NUWCW observes that the Government conducts a survey on the employment of persons with disabilities once every five years, whereas it carries out a Monthly Labour Force Survey on the employment of workers in general. In terms of quality, the NUWCW observes that the increased employment rate of persons with disabilities has been accompanied by declining wages, an increase in non-regular employment and deteriorating working conditions. The Committee further notes that the Government does not provide updated information on the number of companies that meet the statutory employment quota for persons with disabilities. In that regard, the Committee notes that, in its 2023 submission, the JTUC–RENGO observes that less than half of companies (48.3 per cent) meet the statutory employment quota. This represents a decrease in compliance of one per cent, compared with the data provided by the JTUC–RENGO in 2017 (48.8 per cent). The JTUC–RENGO also observes that 58.1 per cent of companies do not employ any person with disabilities. Observing that a large majority of these companies are small and medium enterprises (SMEs), the JTUC–RENGO suggests providing SMEs with financial support to hire persons with disabilities.

Recalling the objective of the Convention to have in place effective and periodically reviewed policies and measures in place to ensure effective access to the open labour market to all categories of persons with disabilities, based on the principle of equality of treatment between workers with disabilities and workers generally, the Committee notes with concern that, in spite of the measures indicated by the Government in its report, only less than half of enterprises comply with the legal quotas for the employment of persons with disabilities and that no decisive corrective measures seem to have been taken, in consultation with the social partners and representatives of persons with disabilities, to address this persisting situation. The Committee therefore requests the Government to provide updated information on any amendment to the Act on the Promotion of the Elimination of Discrimination against Persons with Disabilities, including with regard to thestatutory employment quota for persons with disabilities. Moreover, noting that imposing sanctions is a necessary component to ensure compliance, the Committee recalls that, in order to be effective and reach its objectives, these sanctions also need to be sufficiently dissuasive and requests the Government to indicate any measures taken or envisaged with a view to assessing and, if necessary, reviewing the currently applicable regime of sanctions so as to achieve better compliance with the primary objective of the laws on employment of persons with disabilities. In this respect, the Committee requests the Government to continue to provide updated information on the impact of the measures taken to achieve the statutory employment quota for persons with disabilities, including information on the number of companies which meet the quota, information on the impact of the financial and reputational sanctions imposed on non-compliant companies, and information on the employment of persons with disabilities in the open labour market. Noting that only seven non-compliant companies have had their names disclosed to the public, the committee asks the government to provide detailed information on the process for identifying companies whose names are disclosed. The Committee also requests that the Government continue to provide updated information on the nature of other measures taken to achieve the statutory employment quota for persons with disabilities, including measures to raise awareness of the capacities of persons with disabilities, overcome prejudice unfavourable to the employment of persons with disabilities and encourage their employment in SMEs. In that regard, the Government is requested to supply statistics disaggregated by sex, age and nature of the disability, to the extent possible. The Committee also requests the Government to provide its comments on the observations mentioned above from the NUWCW and from the JTUC–RENGO to which it has not yet replied.

Article 5. Consultations with the social partners. The Government reiterates that the Labour Policy Council’s Subcommittee on the Employment of Persons with Disabilities, which includes representatives of the Government, representatives of employers, representatives of workers and representatives of persons with disabilities, sets the objectives of the employment policies for persons with disabilities, implements these policies and evaluates their outcomes. As an example, the Government points to the 2022 revision of the Act on the Promotion of the Elimination of Discrimination against Persons, and the subsequent amendment of the Basic Policy on Employment Measures for Persons with Disabilities. The Government indicates that the revised texts were adopted following a discussion within the Labour Policy Council’s Subcommittee. The Government adds that the texts reflect the opinion expressed by the members of the Subcommittee. The Government further indicates that discussions regarding the social welfare of persons with disabilities take place in another forum, namely the Social Security Council’s Subcommittee on Persons with Disabilities, composed of representatives of persons with disabilities, representatives of the Government, representatives of the employers, and experts. The Committee notes, however, that the Government does not address the concerns raised by the NUWCW in 2016 (and clarified in its 2018 observations) regarding the absence of the Japan Council on Disability and of other relevant organizations when the revision of the Comprehensive Support Act for Persons with Disabilities was being discussed in 2016 before the Social Security Council’s Subcommittee on Persons with Disabilities. The Committee therefore requests the Government to respond to these observations and to provide concrete examples of the manner in which the views and concerns of the social partners and representatives of organizations of and for persons with disabilities are systematically taken into account in the formulation, implementation and evaluation of the policy on vocational rehabilitation and guidance and the employment of persons with disabilities.

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

Articles 1(3) and 3. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report, GB.304/14/6). The Committee recalls the recommendations of the tripartite committee established by the Governing Body to examine a representation alleging non-observance by Japan of the Convention (304th Session, March 2009). The Committee also recalls that it has been entrusted with following up on implementation of the recommendations of the tripartite committee. In this context, the Government has provided updated information in its report on the implementation and results of measures taken to promote employment for persons with disabilities. Regarding the measures taken to increase employment and income-generating opportunities for persons with severe disabilities, the Government reports that, as of November 2022, approximately 36,000 persons with disabilities were participating in employment-related activities under the Employment Transfer Support Programme (ETSP). The Committee notes that this represents a 16 per cent increase since 2015 (31,000 persons). The Government adds that, as of November 2022, 320,000 persons were participating in Type-B programmes (designed for persons facing difficulties working under an employment relationship, while nevertheless offering them productive activities). The Committee notes that this represents a 39 per cent increase in users compared with 2015 (230,000 persons). The Government also indicates that, in 2021, approximately 21,000 persons transitioned from Employment Transfer Support Programme to employment in the open labour market. The Government points out that this reflects an 800 per cent increase over the last 15 years. The Government further indicates that, in 2021, 2,027 persons transitioned from the Type-B to the Type-A programme (designed for persons with disabilities considered able to work under an employment relationship). The Committee notes that this amounts to a significant decline in comparison with 2016 (2,646 persons). With regard to measures taken by public employment service offices, the Government refers again to the continued implementation of the “team support” model, which provides support to persons with disabilities from employment through to workplace adaptation. The Government adds that in FY2021, 36,024 persons were eligible to receive employment support through “team support”, resulting in 19,661 individuals finding employment, representing an employment rate of 54.6 per cent. The Government also indicates that, as of November 2022, 2,991 establishments were providing employment transition support and 1,534 establishments were offering “employment retention” support. The Government further indicates that, since FY2011, the transition to employment on the open labour market has been facilitated through the deployment of employment support coordinators at “Labour Bureaus” with specialized knowledge in the employment of persons with disabilities. The Committee requests the Government to continue providing detailed updated information on the measures taken or envisaged to increase employment and income-generating opportunities for persons with severe disabilities that have difficulties entering into an employment relationship and accessing the open labour market. The Committee also requests the Government to continue providing updated information on the number of persons transferring from Type-B programmes to Type-A programmes and into regular employment, as well as on the impact of measures implemented by the Public Employment Security Office to assist persons with disabilities in transitioning from welfare to employment on the open labour market.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the tripartite committee report). In response to the concerns raised by the NUWCW in its 2018 observations regarding the dismissal of persons with disabilities in Type-A workplaces, the Government indicates that, between 2017 and 2018, several companies operating Type-A workplaces used the public subsidies to develop other, non-welfare related businesses, resulting in the closure of the Type-A workplaces. The Government indicates that, in response, the criteria for allowing a company to run a Type-A workplace were reassessed and it was decided that the wages of the persons with disabilities should be paid from the earning of their activities. The Government adds that non-compliant employers are required to submit a management improvement plan and are provided with assistance in that regard. The Government reports that, as a result, compliance with the rules on the payment of wages in Type-A workplaces improved by 70 per cent in 2017 and by 60 per cent in 2022. In response to the NUWCW’s allegations that some providers of Type A programmes use article 7 of the Minimum Wage Act (which allows for applying a reduction rate to the minimum wage) in an abusive manner, the Government indicates that article 7 aims at avoiding potential loss of employment opportunities for persons with disabilities. The Government adds that employment with a reduction rate is carefully regulated as it needs to be approved by the relevant prefectoral labour bureau, after an on-site investigation has been conducted. Regarding Type-B programmes, in response to the NUWCW’s allegations that persons with disabilities are not provided with the same legal protections as other workers, the Government indicates that persons with disabilities engaging in production activities in Type-B workplaces are typically not considered to be “workers” as they do not sign employment contracts, are free to choose their work hours and workload, and may engage in work without being supervised. The Government adds that if an employment-subordinate relationship exists between a person with disabilities and a Type-B workplace, that person is considered a worker and falls within the scope of labour legislation. The Government does not address the observations made by the NUWCW’s in 2016, according to which the employment support services provided do not take into consideration the vocational needs of persons with disabilities.

In view of the above, the Committee also recalls that, considering the Convention’s objective to fully integrate persons with disabilities into society and of to fully recognize their contribution to society, bringing the work they perform in sheltered workshops within the scope of labour legislation, to the extent appropriate, appears to be crucial (Tripartite committee report, GB.304/14/6, paragraphs 74–75). The Committee also recalls that Article 4 of the Convention establishes the principle of equal opportunity between workers with disabilities and workers generally. Moreover, Paragraph 10 of Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), accompanying the Convention indicates that measures should be taken to promote employment opportunities for workers with disabilities which conform to the employment and salary standards applicable to workers generally (General Survey 2020 on Promoting employment and decent work in a changing landscape, paragraph 764). The Committee also wishes to stress that, in accordance with paragraphs 25 and 35 of the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), persons with disabilities should not as a result of their disability be discriminated against in respect of wages and other conditions of employment if their work is equal to that of persons with no disability and that where and to the extent to which statutory regulation of wages and conditions of employment applying to workers generally is in operation it should apply to persons with disabilities employed under sheltered conditions. The Committee further wishes to recall that work performed by persons with disabilities in sheltered production workshops with a view to vocational rehabilitation, irrespective of whether it is performed under an employment relationship, should meet certain minimum standards if it is to contribute effectively to the Convention’s objective of social and occupational integration of persons with disabilities. The Committee therefore requests the Government to provide updated information on the nature and impact of the measures taken to ensure that the treatment of persons with disabilities in Type-A and Type-B workplaces is in line with the principle of equality between workers with disabilities and workers generally enshrined in the Convention (Article 4).Regarding type-A programmes, the Committeerequests the Government to provide updated information on the measures taken to ensure the quality management of Type-A workplaces. The Committee also requests the Government to provide detailed updated information on the measures taken or envisaged to ensure that the general principle of equal remuneration for work of equal value, as set out in the Preamble of the ILO Constitution, is duly respected regarding the wages of persons with disabilities. The Government is further requested to provide detailed information on the use of a reduction rate (article 7 of the Minimum Wage Act) in relation to the wages of persons with disabilities, including information on the number of persons with disabilities affected by this measure, the nature of their disabilities, the type of work performed, and the reduction rate applied.Regarding Type-B programmes, the Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure the quality of vocational rehabilitation services and to bring the work performed by persons with disabilities within the scope of labour legislation.

(c) Low pay for persons with disabilities carrying out activities under the Type-B programmes (paragraph 76 of the tripartite committee report). In response to the Committee’s previous comments, the Government reiterates that, in 2007, it adopted a Five-year wage-doubling plan. The Government also refers again to the Wage improvement plans implemented in each prefecture, which set targets for improving wages. The Government adds that the prefectures have continued to formulate Wage improvement plans, renewing them every year since FY2012. The Government further indicates that additional initiatives regarding the wages of persons with disabilities include showcasing Type-B workplaces that are proactive in wage enhancement and organizing trainings to increase management awareness in that regard. The Government reports that these initiatives resulted in a 35 percent increase in wages within Type-B programmes in FY2021 compared to FY2006. The Committee however notes that the Government does not provide information enabling the Committee to assess the evolution in wages for persons with disabilities during the period covered by the Government’s report, that is, namely between 2017 and 2023. The Committee also notes that the Government does not respond to the 2016 observations from the NUWCW according to which there is an increase in the proportion of persons with disabilities living on an annual income below 1,000,000 yen, and a wage gap of 284,762 yen between persons with disabilities in Type-B programmes and the average worker. The Committee further notes that, in its observations communicated in 2023, the JTUC-RENGO submits that information on Type-B wages should be made public and investigated. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure equality of wages for persons with disabilities participating in Type-B programmes.The Committee also requests the Government to provide updated information on the impact of these measure, including information enabling the Committee to assess the evolution in wages during the period covered by the Government’s report.The Committee also requests the Government to provide its comments on the observations above-mentioned from the NUWCW and from the JTUC-RENGO to which it has not replied.

(d) Service fees for participants in Type-B programmes (paragraphs 77 and 79 of the tripartite committee report). In response to the observations made by the NUWCW in 2016, the Government reiterates that persons with disabilities in low-income households are exempted from paying welfare service fees, including those related to Type-A and Type-B programmes. The Government reports that, as of November 2022, 92.7 per cent of the users of welfare services, including participants in Type-B programmes, were using these services free of charge. The Committee notes that this percentage appears to remain stable since November 2016 (93.3 per cent). The Government adds that persons with disabilities who pay as service fee contribute to the costs of the welfare services based on their individual financial capacities. The Committee encourages the Government to continue taking and implementing positive measures in this regard and requests updated information on their impact.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. Double counting of persons with severe disabilities in relation to the quota system (paragraphs 81 and 82 of the tripartite committee report). The Committee notes the Government’s indication that the number of persons with severe disabilities in employment in companies has continued to increase, from 109,765 in June 2016, to 125,433 in June 2022, representing a 14.3 per cent increase. The Committee also notes that, in response to the NUWCW’s request that the system of double counting persons with severe disabilities be reconsidered, the Government reiterates, once again, that the double-counting system is effective and necessary to promote the employment of persons with severe disabilities. In view of the above observations of the NUWCW, the Committee requests the Government to provide information on whether it is envisaged to carry out, in consultation with the social partners and the representative organisations of persons with disabilities, an assessment on the efficiency of the double-counting system.In that regard,the Committee requests the Government to provide concrete examples illustrating the assertion that the double-counting system contributes to the promotion of the employment of persons with severe disabilities. The Committee also requests the Government to continue to provide statistical information on the employment of persons with disabilities.

Reasonable accommodation (paragraph 83 of the tripartite committee report). The Government reiterates that the Act on the Promotion of the Employment of Persons with Disabilities provides for the obligation to provide reasonable accommodation and that various guidelines were introduced on the prohibition of discrimination against persons with disabilities and the provision of reasonable accommodation. The Government adds that Prefectural labour bureaus and public employment service offices are actively engaged in communication, consultation, and other initiatives related to providing reasonable accommodation. The Government reports that, in FY2021, public employment service offices provided guidance to 244 employers who failed to comply with the legislation on reasonable accommodation. The Committee notes that the Government does not provide information on the number of employers who have implemented reasonable accommodation measures. The Committee also notes that the Government does not provide comments on the observations submitted by the NUWCW (in 2016) and by the JTUC-RENGO (in 2017), according to which the Act on the Promotion of the Employment of Persons with Disabilities only applies to private companies and does not establish a conflict resolution mechanism. In that regard, the Committee notes the observations submitted in 2018 by the NUWCW, highlighting the case of a visually impaired teacher who was dismissed based on her alleged inability to teach and who had to pursue legal action for the Japanese courts to find that the lack of reasonable accommodation, rather than her disability, hindered her ability to teach. The Committee also notes that, in its 2023 observations, the JTUC-RENGO submits that 49 per cent of business owners are unaware that, when the revised Act on the Promotion of the Employment of Persons with Disabilities comes into effect on 1 April 2024, they will be under the legal obligation to provide reasonable accommodation, instead of a mere obligation to make an effort in that regard, as it currently stands. The Committee requests the Government to provide updated information on the nature and results of measures taken concerning the provision of reasonable accommodation in the workplace, in private companies and in public organizations. Recalling that legislation and policies should provide for financial or other incentives to encourage employers to provide reasonable accommodation where necessary,the Committee requests the Government to provide information on the measures taken or envisaged to that effect. The Committee is further requested to provide information on the number of employers who have provided reasonable accommodation in the workplace. Furthermore, the Committee requests the Government to provide its comments on the aforementioned observations from the NUWCW and from the JTUC-RENGO to which it has not yet replied.

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

The Committee notes the observations of the National Union of Welfare and Childcare Workers (NUWCW) received on 23 August 2016. It also notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were transmitted together with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 1, 2 and 3 of the Convention. Employment promotion for persons with disabilities. The Committee notes with interest that the Act on the Elimination of Discrimination against Persons with Disabilities entered into force on 1 April 2016. In reply to the Committee’s previous comments, the Committee notes the Government’s indication that 474,374 persons with disabilities were employed in the private sector as of June 2016, representing a 4.7 per cent (21,240 persons) increase over previous years. The Government adds that the employment rate of persons with disabilities has been increasing over the past 13 years, reaching 1.92 per cent in 2016, compared to 1.88 per cent in 2015. The NUWCW indicates, however, that the increased employment rate of persons with disabilities has been accompanied by declining wages, an increase in non-regular employment and deteriorating working conditions. With regard to measures adopted to achieve the statutory employment quota of 2 per cent employment of persons with disabilities in all companies, the Government indicates that guidance is provided to companies that have not achieved the minimum quota, including support in the elaboration of employment plans and recommendations to assist companies in appropriately implementing those plans. If the measures taken do not lead to improvements, the names of the companies are disclosed in accordance with the Act for the Promotion of Employment for Persons with Disabilities (Act No. 123 of 1960). Companies that have not complied with the statutory employment quota are also required to pay a special levy that is used to finance subsidies and awards for companies exceeding the statutory employment quota. The Government indicates that the application of the levy system was extended in April 2015 from companies with more than 200 employees to those with more than 100 employees. The NUWCW is of the view that the levy system is not effective, since it is less costly to pay the fine (¥50,000 per month) than to employ a person with disability. The JTUC–RENGO points out that less than half (48.8 per cent) of companies have met the statutory employment quota. Moreover, of the companies that have not complied with the statutory quota, 58.9 per cent of these have not employed any persons with disabilities. The Committee notes the observations of JTUC–RENGO, indicating that as of April 2018, persons with mental disabilities will be included in the calculation basis for the statutory employment quota, and that quota will be increased to 2.3 per cent for private companies over a five-year period (2018–23). Referring to the Government’s report, the NUWCW states that the statistics provided do not reflect the actual employment situation of persons with disabilities. In this regard, the NUWCW points out that the Government conducts a survey on employment of persons with disabilities every five years, whereas it carries out a Monthly Labour Force Survey on the employment of workers in general. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to achieve the statutory employment quota for persons with disabilities in all companies subject to the quota requirement, including the number and amount of sanctions imposed for non-compliance. It also requests the Government to continue to communicate information on the impact of the measures implemented in terms of increasing the employment opportunities for persons with disabilities in the open labour market, including on the implementation of the 2016 Act on the Promotion of the Elimination of Discrimination against Persons with Disabilities. The Government is further requested to supply updated statistics, disaggregated as much as possible by sex, age and nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 5. Consultations with the social partners. In response to the Committee’s previous comments, the Government reiterates that the Labour Policy Council’s Subcommittee on the Employment of Persons with Disabilities establishes the objectives fixed in employment policies for persons with disabilities, implements the policies and evaluates the outcomes. As an example, the Government refers to the formulation of two sets of guidelines for employers on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation, in which the views of the Subcommittee on the Employment of Persons with Disabilities, as well as organizations of and for persons with disabilities were taken into account. The NUWCW is of the view that the structure of the Labour Policy Council should be modified to guarantee that the opinions of the social partners are effectively taken into account. Referring to the revision of the Comprehensive Support Act for Persons with Disabilities in 2016, the NUWCW notes that organizations of persons with disabilities were excluded from its formulation and evaluation, reiterating that neither the Japan Council on Disability nor its own affiliates were able to participate in discussions in the Labour Policy Council. The Committee requests the Government to continue to provide examples of the manner in which the views and concerns of the social partners and representatives of organizations of and for persons with disabilities are systematically taken into account in the formulation, implementation and evaluation of the policy on vocational rehabilitation and guidance and the employment of persons with disabilities.

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

Articles 1(3) and 3. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities . (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report, document GB.304/14/6). The Committee recalls the recommendations of the tripartite committee established by the Governing Body to examine a representation alleging non-observance by Japan of the Convention (304th Session, March 2009). The Committee also recalls that it has been entrusted with following up on implementation of the recommendations of the tripartite committee. In this context, the Government has provided updated information in its report on the implementation and results of measures taken to promote employment for persons with disabilities. The Government reports that 31,000 persons with disabilities participate in employment-related activities under the Employment Transfer Support Programme (ETSP). It adds that the number of persons with disabilities transferred to regular employment under the ETSP increased from 2,500 persons in 2006 to 12,000 persons in 2015. In addition, the Government indicates that there are 230,000 persons with disabilities participating in Type-B programmes (designed for those requiring support for continuous employment) under the Support Programme for Continuation of Work (SPCW). In 2016, 2,646 persons participating in the Type-B programmes were transferred to regular employment. With regard to measures taken by public employment service offices, the Government refers to the continued implementation of the “team support” model, which provides support to persons with disabilities from employment through to workplace adaptation. The Government adds that 3,120 Employment Transfer Support Offices and 330 Employment and Vocational Life Support Centres for Persons with Disabilities were established as of March 2017 (the latter representing an increase from 325 Centres in April 2015). Moreover, 810 employment support seminars were held and 957 trainings at workplaces were conducted in 2015 with the aim of promoting the transition of persons with disabilities from welfare into regular employment. The Committee requests the Government to continue to provide detailed updated information on the measures taken or envisaged to increase employment and income-generating opportunities for persons with severe disabilities that have difficulties in entering into an employment relationship and accessing the open labour market. The Committee would also welcome receiving updated information on the number of persons transferring from Type-B programmes under the SPCW to Type-A programmes and into regular employment, as well as on the impact of measures implemented by the Public Employment Security Office to assist persons with disabilities in transitioning from welfare to employment on the open labour market.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the report). In reply to the Committee’s previous comments, the Government indicates that support measures for jobseeking and workplace adaptation have been provided to persons with disabilities under the Type-B programmes. In its observations, the NUWCW indicates that persons with disabilities participating in the Type-B programmes are not provided with the same legal protections at the workplace as other workers. It adds that employment support services are not provided taking into account the vocational needs of persons with disabilities. The Committee requests the Government to continue to provide information on the nature and impact of the measures taken to ensure that the treatment of persons with disabilities in sheltered workshops is in line with the principles of the Convention, particularly the manner in which the principle of equality of opportunity and treatment is ensured (Article 4).

(c) Low pay for persons with disabilities carrying out activities under the Type-B programmes under the SPCW (paragraph 76 of the report). The Government indicates that, following the implementation of measures adopted in the framework of the Wage Improvement Plans in each prefecture, the pay of workers in the Type-B programmes increased by 23 per cent from 2015 to 2016. In addition, the Government indicates that, under Act No. 50 of 2012 concerning the Promotion of Public Procurement of Goods from Disabled Employment Facilities, ¥15.7 billion of such goods were procured in 2016. In contrast, the NUWCW refers to a study on the actual situation of persons with disabilities, which shows that the ratio of persons with disabilities living on an annual income of less than ¥1,000,000 increased in 2016. The NUWCW indicates that, according to the Basic Survey on Wage Structure, the difference between the average pay of persons with disabilities under the Type-B programmes and the average wage of workers generally was ¥288,500 in 2007 and ¥284,762 in 2014. The JTUC–RENGO reiterates that continued efforts are required to improve the level of wages in the Type-B programmes. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure equality of terms and conditions of employment, including in terms of wages for persons with disabilities participating in Type-B programmes.

(d) Service fees for participants in Type-B programmes under the SPCW (paragraphs 77 and 79 of the report). The Government once again indicates that persons with disabilities in low-income households are exempted from payment of disability social service fees. It adds that 93.3 per cent of the users of disability social services, including participants in Type-B programmes, were using these services free of charge as of November 2016. In its observations, the NUWCW states that disability social services are covered by both welfare and labour policies. Services based on labour policies are free of charge, while those based on welfare policies are provided against a fixed payment. The Committee encourages the Government to continue to take positive measures in this regard and to provide information on the impact of the measures taken to ensure that persons with disabilities are encouraged to become involved in such programmes and eventually gain access to the labour market.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. Quota system for the employment of persons with disabilities (paragraphs 81 and 82 of the report). The Committee notes the Government’s indication that the number of persons with severe disabilities in employment has continued to increase from 106,362 in June 2015 to 109,765 in June 2016. The Government reiterates that the system of double counting persons with severe disabilities (counting one person as two persons) is therefore effective and necessary to promote the employment of persons with severe disabilities. The NUWCW requests that the double-counting system be reconsidered. The Committee requests the Government to continue to provide information on persons with disabilities and persons with severe disabilities employed under the quota system, including on any modifications made or envisaged to the double-counting system.

Reasonable accommodation (paragraph 84 of the report). The Government indicates that the 2016 Act on the Promotion of the Employment of Persons with Disabilities provides for the obligation to provide reasonable accommodation. The Government provides information on the implementation of the practical manuals and guidelines on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation. In this regard, the Government indicates that persons with disabilities provide information on the modifications or adjustments needed to private companies at the time of recruitment, and then both parties discuss the request to reach a decision regarding the possible provision of the workplace accommodation. The Government adds that the obligation to provide reasonable accommodation excludes cases where an “excessive burden” is imposed on the private company. The JTUC–RENGO is of the view that certain aspects of the cited Act remain problematic, including the fact that it only requires private companies to make an effort to reasonably accommodate persons with disabilities and that it does not establish a conflict resolution mechanism. Therefore, the JTUC–RENGO indicates that measures to enhance the efficacy of the Act should be adopted before its re-evaluation, which will take place at the end of the third year after its entry into force. The NUWCW indicates that it will be necessary to monitor the system’s operations in collaboration with the stakeholders. Referring to the information provided by the Government in its previous report with regard to the right to file a complaint and to engage in conflict resolution concerning reasonable accommodation, the NUWCW points out that there is one conflict resolution mechanism established for all workers, and that the mechanism is not binding. It considers that it is necessary to establish a mechanism enabling workers with disabilities to negotiate with their employers to obtain reasonable accommodation. The Committee requests the Government to continue to provide information on the implementation and results of measures taken concerning the provision of reasonable accommodation in the workplace, including information concerning any evaluation carried out regarding the Act on the Employment Promotion of Persons with Disabilities.

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

The Committee notes the observations of the National Union of Welfare and Childcare Workers (NUWCW) received on 24 August 2015. It also notes the observations of the Japan Business Federation (NIPPON KEIDANREN) and the Japanese Trade Union Confederation (JTUC–RENGO), which were communicated with the Government’s report.

Articles 1, 2 and 3 of the Convention. Employment promotion for persons with disabilities. In reply to its previous comments, the Committee notes the Government’s indication that the number of persons with disabilities who are employed in the private sector was 431,225 in June 2014, which is a 5.4 per cent (22,278 persons) increase over the previous year. The Government adds that the number of employed persons with disabilities has been increasing for 11 consecutive years and continues to reach new records. The employment rate of persons with disabilities in private companies increased to 1.82 per cent, compared to 1.76 per cent the previous year. The Government further indicates that 44.7 per cent of companies had achieved the statutory 2 per cent employment quota as of June 2014. The Government is of the view that additional initiatives should be adopted for the achievement of the official quota by every company. In its observations, the JTUC–RENGO is also of the view that further policies and measures are necessary, adding that, of the companies that have not attained the statutory employment rate, 59.4 per cent of them have not employed even one person with disabilities. The JTUC–RENGO further indicates that the targets of the quota system for the employment of persons with disabilities are limited to persons holding a disability certificate but the proportion of persons actually holding the certificate is low. The JTUC–RENGO states that efforts to make the amended Act truly effective are required. The NUWCW indicates that employment support programmes need to be expanded. The Committee requests the Government to indicate the measures adopted or envisaged to achieve the statutory 2 per cent employment quota for persons with disabilities in all companies, including sanctions for non-compliance. Please also provide information on the impact of the measures implemented in terms of increasing the employment opportunities of persons with disabilities in the open labour market. Please also continue to supply statistics disaggregated as much as possible by sex, age and the nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 5. Consultations with the social partners. With regard to consultations with the social partners, the Government reiterates that the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities sets goals for the employment policies for persons with disabilities, implements the policies and evaluates its outcomes. Referring to the Government’s report, NIPPON KEIDANREN indicates that the opinions from stakeholders on policy improvement were reflected. The NUWCW indicates that the evaluation of policies should be carried out with the participation of the social partners and organizations of persons with disabilities and the process of policy formulation should be open to the public. Giving the example of discussions concerning the three-year review of the Comprehensive Support Act for Persons with Disabilities, the NUWCW adds that neither the Japan Council on Disability nor its own representatives are able to directly participate in the discussions. The Committee requests the Government to continue to provide examples of how the views and concerns of the social partners and representatives of organizations of and for persons with disabilities, such as the NUWCW, are taken into account in the formulation, implementation and evaluation of the policy on vocational rehabilitation and employment of persons with disabilities.

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

Articles 1(3) and 3 of the Convention. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report, document GB.304/14/6). The Committee recalls the recommendations of the tripartite committee established by the Governing Body to examine a representation alleging non-observance by Japan of the Convention (304th Session, March 2009). The Committee also recalls that it has been entrusted with following up with the recommendations of the tripartite committee. The Committee notes that the Government provides updated information in its report on the implementation and results of employment measures for persons with disabilities. With regard to the promotion of “team support” for providing continuous support during employment to workplace adaptation, mainly at Public Employment Security Offices in cooperation with relevant welfare and educational agencies, 12,673 persons with disabilities found jobs in 2013. Moreover, 325 Employment and Vocational Life Support Centres for Persons with Disabilities were established as of April 2015, an increase from 317 in April 2013. In the 2013 fiscal year, 1,206 people were transferred to Type-A programmes under the Support Programme for Continuation of Work (SPCW) (designed for persons with disabilities considered already being able to work under an employment relationship) from Type-B programmes (designed for those facing difficulties working under an employment relationship, while nevertheless offering them productive activities), and 2,647 were transferred to regular employment from Type-B programmes. In this regard, the Committee notes that the number of people who had changed to regular employment from Type-B programmes has increased from 1,606 in 2011 to 2,307 in 2012 and 2,647 in 2013. Noting in its observations the increase in the number of employed persons with disabilities, the NUWCW indicates, however, that the ratio of regular employees has gone down when comparing 2013 figures with 2008 figures. The NUWCW adds that work and employment of persons with disabilities have remained in the framework of welfare measures, without being positioned in the same manner as labour measures for workers in general. The Committee requests the Government to continue to provide information on the measures taken or envisaged to increase the opportunities for persons with disabilities falling in the categories which do not allow them to be covered by an employment relationship to have access to the open labour market. Please also continue to include updated information on the number of transitions from Type-B programmes under the SPCW to Type-A programmes and to regular employment, as well as on the impact of measures implemented by the Public Employment Security Office on the transition of persons with disabilities from welfare to employment in the open labour market.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the report). The Government indicates that, under the Type-B programmes under the SPCW, working opportunities and support for necessary training is being provided for those who find it difficult to be employed in regular workplaces to obtain knowledge and skills that are in demand in order to find jobs with employment contracts. The Government adds that it has been supporting these efforts which would be coupled with support for the wage increase under Type-B programmes. The NUWCW indicates that problems still remain with the poor functioning of vocational rehabilitation facilities, adding that it is indispensable that their functions need to be further enhanced. The Committee requests the Government to continue to provide information on the impact of the measures taken to ensure that the treatment of persons with disabilities in sheltered workshops is in line with the principles of the Convention, including the principle of equality of opportunity and treatment (Article 4).

(c) Low pay for persons with disabilities carrying out activities under the Type-B programmes under the SPCW (paragraph 76 of the report). The Government indicates that, following measures to increase the rates of workshop pay, pay has increased by 18.1 per cent since 2006. Moreover, under Act No. 50 of 2012 concerning the Promotion of Public Procurement of Goods from the Disabled Employment Facilities, in which administrative agencies and local governments are obligated to procure goods and services from the disabled employment facilities on a preferential basis, the procurement of the 2013 fiscal year was about ¥12.3 billion. The JTUC–RENGO is of the view that continued efforts are required for improvements in the levels of wages in the Type-B programmes under the SPCW. The NUWCW indicates that, according to the 2013 Basic Survey on Wage Structure, the wage for persons with disabilities was markedly low, when compared to the 2008 figures. The NUWCW is of the view that the minimum wage should be secured to improve the situation for persons with disabilities. The Committee requests the Government to continue to provide information on the measures taken or envisaged for raising workshop pay.

(d) Service fees for participants in Type-B programmes under the SPCW (paragraphs 77 and 79 of the report). The Government reiterates that persons with disabilities in low-income households have been exempted from the disability social service fees. It adds that, as of December 2014, 93.3 per cent of users of disability social services, including participants in the Type-B programmes, have been receiving services free of charge. The NUWCW recalls the problems with charging fees for the usage of services. The Committee encourages the Government to continue to take measures in this regard and to provide information on the impact of the measures taken to ensure that persons with disabilities are not discouraged from becoming involved in such programmes and eventually gaining access to the labour market.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. Quota system for the employment of persons with disabilities (paragraphs 81 and 82 of the report). The Committee notes the updated data provided by the Government indicating that the number of employed persons with severe disabilities was 115,680 in June 2014, an increase from 104,970 in June 2012. The Government indicates that the double counting system (persons with severe disabilities are double counted under the quota system) is therefore effective and necessary in promoting the employment of persons with severe disabilities for now and in the future as well. The JTUC–RENGO is of the view that the immediate abolition of this system is not realistic. It adds, however, that the collection and evaluation of suitable information and data should be performed. The Committee requests the Government to continue to provide information on persons with disabilities and persons with severe disabilities employed under the quota system.

Reasonable accommodation (paragraph 84 of the report). The Government indicates that in March 2015 two sets of guidelines for employers on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation were formulated based upon the amended Act on Employment Promotion of Persons with Disabilities. These guidelines were drawn up based on discussions in the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities. The Government also recalls in its report that the effective date of the obligation to provide reasonable accommodation will be April 2016. It adds that reasonable accommodation should be provided by the employers at their own expense within a range that is not overburdening. Various subsidies and preferential treatments regarding taxes have been provided to the employers who meet the necessary requirements. The JTUC–RENGO is of the view that publicity efforts and full preparations will be necessary moving towards April 2016. The JTUC–RENGO adds that it will be necessary to monitor the system’s operations so that measures for reasonable accommodation are provided on the basis of mutual understanding between persons with disabilities and employers. Referring to the guidelines for employers on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation, the NUWCW is of the view that these guidelines are unclear about the right to file a complaint and the appropriate support for conflict resolution if an employer insists that there is an undue burden on him/her. The Committee notes from the Government’s report that the Director Generals of the Prefectural Labour Bureau may offer necessary advice, guidance or recommendations, when one or both parties involved has requested assistance for such resolution. Mediation is another possibility to resolve disputes. The Committee requests the Government to provide information on the implementation and results of measures concerning reasonable accommodation, including the effects relating to the implementation of practical manuals and guidelines on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation.

[The Government is asked to reply in detail to the present comments in 2017.]

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

Employment promotion for persons with disabilities. Consultation with representative organizations of employers and workers. The Committee notes the Government’s report received in October 2014 which includes observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and information in reply to the observations made by the National Union of Welfare and Childcare Workers (NUWCW) in August 2013. It also notes the most recent observations made by the NUWCW, received in August 2014. The Committee notes that Japan has ratified the United Nations Convention on the Rights of Persons with Disabilities in January 2014. The Government indicates in its report that the number of employed persons with disabilities in the private sector was 408,947 in June 2013, which is a 7 per cent increase over the previous year. The Government adds that the number of persons with disabilities who are employed has been increasing for ten consecutive years. The actual employment rate in private companies is growing steadily at 1.76 per cent, compared to 1.69 per cent in the previous year. The Government indicates that the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities sets goals for the employment policies for persons with disabilities, implements the policies and evaluates its outcomes. JTUC–RENGO is of the view that, although the employment of persons with disabilities is steadily expanding, further policies and measures are necessary as just over 40 per cent of companies have attained the statutory 2 per cent employment quota, and out of the companies that have not attained the quota, roughly 60 per cent have not employed a single person with disability. In addition, the targets of the employment rate system (quota system) are limited to persons holding a person with disabilities identification booklet but the proportion of persons actually holding the identification booklet is low. JTUC–RENGO adds that in order to put in place appropriate measures for the issues faced by persons with disabilities, it is necessary to have the data by age group, by gender and by type of disability for each of the policies and measures. The Committee invites the Government to provide its comments on the observations made by the NUCWC in August 2014. Please continue to provide an evaluation of the adopted measures for persons with disabilities in terms of increasing the employment opportunities of these persons in the open labour market. The Committee also invites the Government to provide examples of how the views and concerns of the social partners and representatives of organizations of and for persons with disabilities are taken into account in the formulation, implementation and evaluation of the policy on vocational rehabilitation and employment of persons with disabilities. Please also supply statistics disaggregated as much as possible by sex, age and the nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Articles 1(3) and 3 of the Convention. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a). Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report). The Committee recalls that, at its 304th Session (March 2009), the Governing Body adopted the report of the tripartite committee established to examine a representation alleging non-observance by Japan of the Convention (document GB.304/14/6). The Committee also recalls that it has been entrusted with following up with the recommendations of the tripartite committee. In reply to the Committee’s previous comments, the Government provided information in its September 2013 report on the implementation and results of employment measures for persons with disabilities. In regards to the promotion of “team support” for providing continuous support during employment to workplace adaptation, 10,610 persons with disabilities found jobs in 2012. The Committee notes that 317 Employment and Life Support Centres for Persons with Disabilities were established as of April 2013. It further notes that 459 people were transferred to Type-A programmes under the Support Programme for Continuation of Work (SPCW) (designed for persons with disabilities considered already being able to work under an employment relationship) from Type-B programmes (designed for those facing difficulties working under an employment relationship, while nevertheless offering them productive activities) in 2010, and 1,606 were transferred to regular employment from Type-B programmes. In its observations made in 2013, the NUWCW indicates that the measures for the transition to open employment from Type-B programmes under the SPCW are insufficient. The Government indicates in its reply that it has been taking initiatives using employment policies in combination with social services policies to expand employment opportunities for persons with disabilities. It adds that the number of people who had changed to regular employment from Type-B programmes has increased from 1,606 in 2011 to 2,307 in 2012. The Committee invites the Government to continue to provide information on the measures taken or envisaged to increase the opportunities for persons with disabilities falling in the categories which do not allow them to be covered by an employment relationship, to have access to the open labour market. Please continue to include updated information on the number of transitions from Type-B programmes under the SPCW to Type-A programmes and to open employment, as well as on the impact of measures implemented by the Public Employment Security Office on the transition of persons with disabilities from welfare to employment in the open labour market.

(b). Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the report). In reply to the Committee’s previous comments, the Government indicates that, as of October 2011, 100,385 persons with disabilities had obtained the knowledge of work and received the necessary training in order to improve the skills through the production activities and other activities at the places of business under Type-B programmes under the SPCW. In its observations made in 2013, the NUWCW indicates that, under government policy, sheltered workshops and small-scale workshops are placed among welfare measures and not regarded as vocational rehabilitation facilities. It adds that the content of actual activities, however, is social rehabilitation and social participation through work, which corresponds to the purpose of vocational rehabilitation prescribed in Article 1 of the Convention. The NUWCW refers to the 2007 Ministerial Circular concerning the application of section 9 of the Labour Standards Law to persons with disabilities under Type B programmes under the SPCW and states that it restricts the application of labour legislation. The Government indicates in its reply that users of Type-B programmes under the SPCW are supposed to receive social services assistance while engaging in production activities without having employment contracts with the employers. They are not to be considered “workers” because they are entitled to have more flexibility regarding working days, working hours and workload without being given instructions or guidance. It adds that determination of a person’s qualifications as a worker should be made with a comprehensive view, and should be based on various elements which include the manner in which the labour is provided and remuneration is equal to labour, to determine if the person is qualified for an employer–employee relationship. The Government indicates that labour laws and regulations apply fairly to persons with disabilities and does not preclude the application of the Labour Standards Law to persons with disabilities who work in places under the Type-B programmes. The Committee invites the Government to continue to provide information on the impact of the measures taken to ensure that the treatment of persons with disabilities in sheltered workshops is in line with the principles of the Convention, including the principle of equality of opportunity and treatment (Article 4).

(c). Low pay for persons with disabilities carrying out activities under the Type-B programmes under the SPCW (paragraph 76 of the report). In its previous observations, the Committee noted that the Government had adopted measures to increase the rates of workshop pay in the framework of the Five-Year Plan to Double Workshop Pay (Five-Year Plan 2007–11). The Government indicates that a three-year workshop pay increase support plan has been initiated to contribute to increase workshop pay from 2012 to 2014 after conducting a review in light of the results of such efforts to date. In its observations made in 2013, the NUWCW indicates that the wage increase under the 2012–14 plan is not feasible under the current legislation, with the exemption of minimum wage legislation. The Government indicates that under Act No. 50 of 2012 concerning the Promotion of Procurement of Goods from the Disabled Employment Facilities by the State, enacted on 20 June 2012 and enforced on 1 April 2013, included administrative agencies and local governments that are obligated to procure goods and services from the disabled employment facilities on a preferential basis. It adds that the Act will contribute to an increase in workshop pay coupled with support for the pay increase for the Type-B programmes. The Committee invites the Government to continue to provide information on the measures taken or envisaged for raising workshop pay.

(d). Service fees for participants in Type-B programmes under the SPCW (paragraphs 77 and 79 of the report). The Committee notes from the Government’s 2013 report that low-income households have been exempted from the disability social service fees. In its observations made in 2013, the NUWCW reiterates that charging service fees is in violation of ILO Conventions and Recommendations concerning persons with disabilities. The Government indicates that, as of December 2013, 93.4 per cent of users of disability social services, including participants in the Type-B programmes, have been receiving services free of charge. Recalling that Paragraph 22(2) of the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), recommends provision of free vocational rehabilitation services, the Committee encourages the Government to continue to take measures in this regard and to provide information on the impact of the measures taken to ensure that persons with disabilities are not discouraged from becoming involved in such programmes and eventually gaining access to the labour market.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. (a).  Implementation of the Five-Year Plan for Implementation of Priority Measures (2008–12) (paragraph 80 of the report). (b). Quota system for the employment of persons with disabilities (paragraphs 81and 82 of the report). The Committee notes the updated data provided by the Government on the implementation of the Five-Year Plan (2008–12). It also notes that the amended Act on Employment Promotion of Persons with Disabilities, enacted in June 2013, includes persons with mental disabilities in the legally mandated employment quota ratio from the employment situation of persons with disabilities. The Government indicates that the number of persons with disabilities employed in the private sector as of June 2012 was 382,363. The number of employed persons with severe disabilities was 104,970 in 2012, and increase of 9,523 from 2010. In its observations made in 2013, the NUWCW indicates that the actual number of employment of persons with severe disabilities should be expanded not by resorting to the temporary measure of the double counting system (persons with severe disabilities are double counted under the quota system) but by meeting the obligation of reasonable accommodation or adopting a new policy through collaboration of employment policies and welfare measures. The Government reports that the Subcommittee on Employment of Persons with Disabilities of the Labour Policy Council indicated in their March 2013 report that the double counting system has been playing a certain role in promoting the employment of persons with severe disabilities who have serious difficulty at work. JTUC–RENGO is of the view that there is an issue regarding double counting, but adds that this system has become an incentive for the employment of persons with severe disabilities. The Committee invites the Government to continue to provide relevant information on persons with disabilities and persons with severe disabilities employed under the quota system.

(c). Reasonable accommodation (paragraph 84). The Government indicates that the Bill on the Elimination of Discrimination against Persons with Disabilities was submitted to the Diet in April 2013 and approved in June 2013. According to the Act, administrative bodies shall provide reasonable accommodation and private enterprises shall endeavour to provide it. Moreover, the amended Act on Employment Promotion of Persons with Disabilities defines the measures to prohibit discrimination against persons with disabilities on employment and minimize the obstacles for persons with disabilities to work (obligation to provide reasonable care). The Committee notes that the effective date of the obligation to provide reasonable accommodation will be April 2016. JTUC–RENGO indicates that the concrete contents of the prohibition of discrimination and the provision of reasonable accommodation are to be formulated by guidelines, and a government research group is now finalising a report on the nature of these guidelines. The Committee invites the Government to provide updated information on the implementation and results of measures concerning reasonable accommodation.

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

Employment promotion for persons with disabilities. Consultation with representative organizations of employers and workers. The Committee notes the Government’s report received in September 2013, which includes information in reply to its 2011 comments. It also notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO), included in the Government’s report, and the observations made by the National Union of Welfare and Childcare Workers (NUWCW) received on 3 December 2012 and on 26 August 2013. The Committee notes that the Government’s reply to the 2012 observations of the NUWCW is included in its report. It also notes that the Bill to amend the Act on employment promotion of persons with disabilities was submitted to the Diet in April 2013 and enacted in June 2013. The Government indicates that the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities, which includes representatives of government, employers, workers and representatives of persons with disabilities, discussed the amendment of the legislation. The Government also indicates that the number of employed persons with disabilities has been increasing every year and June 2012 marked the highest, with 382,363 persons with disabilities employed in the private sector. The actual employment rate in private companies is 1.69 per cent which is the highest in history. Nevertheless, the JTUC–RENGO indicates that the rate of persons with disabilities in relation to the total number of employed persons stipulated in the Act on employment promotion of persons with disabilities is 2 per cent and that companies that meet the statutory requirement are around only half the total number. The JTUC–RENGO calls for further promotion to encourage greater policy enforcement. The NUWCW indicated in December 2012 that it had expected the repeal of the Services and Support for Persons with Disabilities Act (SSPDA) and the adoption of a new law that would reflect the voices of persons with disabilities. It added that despite the strong opposition from many persons with disabilities and relevant stakeholders, the Act on comprehensive support for persons with disabilities was adopted and is based on the conventional SSPDA. The NUWCW indicates that the new law remains significantly far from the philosophy of ILO Conventions and Recommendations and the UN Convention on the Rights of Persons with Disabilities. Moreover, the Committee notes from the observations made by the NUWCW that persons with disabilities and labour organizations have been participating in study groups to deliberate on employment policies for persons with disabilities; however, the NUWCW was not chosen to participate in discussions. The Committee invites the Government to provide an evaluation of the employment measures for persons with disabilities in terms of increasing the employment opportunities of these persons in the open labour market. It also invites the Government to include in the evaluation process representatives of organizations of and for persons with disabilities as well as of the social partners. Please also provide examples of how the views and concerns of representatives of the relevant stakeholders are taken into account in the formulation and implementation of the policy on vocational rehabilitation and employment of persons with disabilities.

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

The Committee recalls that it was entrusted to follow up on the application of the Convention with regard to the questions raised in the representation made under article 24 of the ILO Constitution alleging non-observance by Japan of Convention No. 159. The report of the tripartite committee established to examine the representation was approved by the ILO Governing Body at its 304th Session, in March 2009 (document GB.304/14/6). In reply to the Committee’s previous comments, the Government provides in its report received in September 2013 information on the implementation and results of employment measures for persons with disabilities. The Committee notes the observations formulated by the NUWCW on 26 August 2013 and transmitted to the Government on 29 August 2013, which describe unresolved issues raised in the article 24 representation. The Committee invites the Government to provide its own observations on the issues raised by the NUWCW. The Committee intends to examine the Government’s report, including the observations made by the NUWCW, at its next session in 2014.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received in October 2011 including comments by the Japanese Trade Union Confederation (JTUC–RENGO). The Government’s report refers to the 2010 Committee’s observation as well as to the matters raised by the National Union of Welfare and Childcare Workers (NUWCW) in October 2010 and September 2011.

1. Employment promotion for persons with disabilities. In its 2010 observation, the Committee noted that the “Basic Policy on Employment Measures for Persons with Disabilities” was adopted by the Ministry of Health, Labour and Welfare in 2009 and was followed by a Cabinet Decision of 29 June 2010, regarding the Basic Direction with Promoting Reform of the System for Persons with Disabilities. JTUC–RENGO indicates that since the Basic Direction was adopted, there has been no sign of progress in the labour and employment-related policies for persons with disabilities. It also observes that the statutory employment rate, i.e. 1.8 per cent, is yet to be achieved and that less than half of the companies fulfilled their obligations. JTUC–RENGO calls for the promotion of comprehensive policy measures to improve the employment system of persons with disabilities. NUWCW also indicates that the socio-economic environment surrounding workers with disabilities has been increasingly worsening, coupled with the global economic and financial crisis: the number of unemployed persons with disabilities is increasing and decreased demand from private enterprises has seriously affected the Support Programme for Continuation of Work (SPCW). NUWCW stresses that only few of the employable persons with disabilities are employed under the quota system. The Government reports that the number of persons with disabilities employed has been increasing year by year and, as of June 2010, the employment rate was 1.68 per cent, representing the highest ever recorded. However, the Government recognizes that further employment promotion is needed, since this rate remains below the statutory employment rate and the percentage of enterprises that achieved the statutory employment rate was 47 per cent. The Committee notes that guidance will continue to be provided through the Public Employment Security Office (PESO) to enterprises that failed to achieve the statutory employment rate. PESO will also continue to support employment and workplace adaptation of persons with disabilities. The Government indicates that various measures will be implemented to further promote the employment of persons with disabilities, such as increasing the number of Employment and Living Support Centres for Persons with Disabilities. The Committee notes that the Basic Direction envisages reviewing the employment promotion system for persons with disabilities by 2012. The Committee invites the Government to provide in its next report an evaluation of the reform of the employment promotion system for persons with disabilities in terms of increasing the employment opportunities of these persons in the open labour market. It also invites the Government to include in the evaluation process representatives of organizations of and for persons with disabilities as well as the social partners. Please also supply statistics disaggregated as much as possible by sex, age and the nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

2. Follow-up to a representation under Article 24 of the ILO Constitution. Articles 1(3) and 3 of the Convention. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report). The Committee recalls that it was entrusted to follow-up on the application of the Convention with regard to the questions raised in the representation under article 24 of the ILO Constitution alleging non-observance by Japan of Convention No. 159. The report of the tripartite committee established to examine the representation was approved by the ILO Governing Body at its 304th Session (March 2009). In the 2010 observation, the Government was requested to provide information on the number of persons falling under the categories that do not allow them to be covered by an employment relationship and measures taken to ensure that they may also benefit from opportunities in the open labour market. In its 2011 report, the Government indicates that as of February 2011, the number of recipients of Type-A programmes under the SPCW was 12,731 but the number of those who were not covered by an employment relationship is not known. The number of recipients of Type-B programmes under the SPCW, i.e. those not working under an employment relationship and not covered by labour legislation, was 100,599. The Government also refers to measures implemented by PESO to ensure to persons with disabilities employment opportunities in the open labour market. The Committee invites the Government to provide further information on the measures taken or envisaged to increase the opportunities for persons with disabilities falling in the categories which do not allow them to be covered by an employment relationship, to have access to the open labour market. In this regard, the Government is requested to supply updated information on the number of transitions from Type-B programmes under the SPCW to Type-A programmes and to open employment, as well as on the impact of measures implemented by the PESO on the transition of persons with disabilities from welfare to open employment.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the report). In its 2010 observation, the Committee noted the criteria according to which persons with disabilities engaging in activities at welfare workshops and small-scale workshops may be considered to be workers. NUWCW recalls that workshops and welfare factories (Type-B programmes under the SPCW and the Support Programme for Transition to Employment (SPTE)) appear to be the facilities for sheltered employment referred to by the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99). In NUWCW’s view, the application of labour legislation to Type-B programmes under the SPCW is based on a very narrow interpretation contrary to the broad criteria of equal opportunity and treatment enshrined in Article 4 of the Convention. Moreover, the transition to the new system under the Services and Support for Persons with Disabilities Act (SSPDA) was not sufficiently implemented and the sheltered employment system under the new scheme fails to bridge the gap in working conditions with other workers. NUWCW further indicates that several local governments have successfully implemented a social support scheme for the employment of persons with disabilities (sheltered employment system), according to the impact assessment made by the Subcommittee on Comprehensive Welfare for Persons with Disabilities. The Government recalls that an interim period until end of March 2012 is established for the transition to the new system. The Committee invites the Government to continue to report on the impact of the measures taken to ensure that the treatment of persons with disabilities in sheltered workshops is in line with the principles of the Convention, including the principle of equality of opportunity and treatment (Article 4).

(c) Low pay for persons with disabilities carrying out activities under the Type-B programmes under the SPCW (paragraph 76 of the report). In its 2010 observation, the Committee noted that the Government adopted measures to increase the rates of workshop pay in the framework of the Five-Year Plan to Double Workshop Pay (Five-Year Plan). NUWCW indicates that due to its questionable effectiveness, resources allocated to the Five-Year Plan were decreased by half in the Government’s 2010 budget. NUWCW also points out that the average monthly wage in sheltered workshops is much lower than that of regular workers. The Government indicates that prefectures have continued to provide support for service providers to increase the rates of workshop pay in accordance with the Five-Year Plan. The Committee invites the Government to report on further measures taken or envisaged for raising workshop pay.

(d) Service fees for participants in Type-B programmes under the SPCW (paragraphs 77 and 79 of the report). In its 2010 observation, the Committee noted the measures taken to reduce service fees for recipients of Type-B programmes, such as the abolishing of fees for persons with disabilities from low-income households. NUWCW stresses that participation in programmes such as Type-B under the SPCW should in principle be free of charge. NUWCW further clarifies that the concern expressed for Type-B programmes under the SPCW should be understood to include the SPTE scheme and Type-A programmes under the SPCW. The Government reiterates that recipients of Type B programmes under the SPCW, while engaging in productive activities also receive welfare support and thus pay service fees in the same way as recipients of other welfare services. The Committee notes that the SSPDA will be replaced by legislation comprehensively regulating the welfare of persons with disabilities, which will link payment for using welfare services to income and that discussions are taking place at the Comprehensive Welfare Panel for enforcing the new legislation. The Committee invites the Government to strengthen its efforts to ensure that persons with disabilities are not discouraged or excluded from becoming involved in such programmes and eventually gaining access to the labour market. In this regard, the Committee recalls that Paragraph 22(2) of the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), recommends provision of free vocational rehabilitation services.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. (a) Implementation of the Five-Year Plan for Implementation of Priority Measures (2008–12) (paragraph 80 of the report). The Committee notes the new data provided by the Government on the implementation of the Five-Year Plan for Implementation of Priority Measures (2008–12). The Committee invites the Government to include in its next report an evaluation of the Five-Year Plan for Implementation of Priority Measures (2008–12), including information on the involvement of representatives of organizations of and for persons with disabilities, as well as of the social partners, in the evaluation process.

(b) Quota system for the employment of persons with disabilities (paragraphs 81 and 82 of the report). In the 2010 observation, the Government was requested to provide information on the impact of the quota system, limited to persons with physical and intellectual disabilities, on the employment opportunities of persons with other disabilities. The Government indicates that in 2010, 244,621 persons with disabilities of which 95,347 with severe disabilities were employed under the quota system, marking an increase of 5,851 and 2,927 respectively, compared to 2009. NUWCW indicates that further information on the duration of employment is needed to corroborate the data on the increase in the employment of persons with intellectual disabilities. In view of the overwhelming increase in the number of jobseekers with disabilities, NUWCW questions the double counting practice effectiveness and calls for the adoption of policies focusing on improving the employment of persons with severe disabilities. The Government points out that in the 2009–10 period, dismissals decreased more rapidly among persons with disabilities than for other categories of workers. The Government indicates that the increase in the employment of both persons with severe and non-severe disabilities proves that the double counting system does not prevent the employment of those with non-severe disabilities. It further indicates that various measures have been taken for promoting the employment of persons with severe disabilities, such as fiscal and financial incentives to undertakings which employ persons with particular difficulties in finding employment. The Committee invites the Government to continue to provide relevant information on persons with disabilities employed under the quota system.

(c) Reasonable accommodation (paragraph 84). In its 2010 observation, the Committee noted that a study group was to be formed on the issue of reasonable accommodation. NUWCW indicates that this issue was discussed in 2010 within the Subcommittee for Employment of Persons with Disabilities of the Labour Policy Council. While the Subcommittee agreed on the obligation for employers to provide reasonable accommodation, the issue of whether or not the lack of provision of reasonable accommodation was to be regarded as discrimination was left for further discussion. NUWCW further indicates that the Persons with Disabilities Abuse Prevention Act, approved in June 2011, while prohibiting dismissal and other unfavourable treatment against persons with disabilities, does not clearly stipulate the means to ensure reasonable accommodation at the workplace and the procedure to settle conflicts between workers and the management on such issues. The Government indicates that the Basic Direction established that conclusions on measures to prohibit discrimination with regard to work and employment on the basis of disability and to secure the provision of reasonable accommodation at the workplace will be reached in 2012. It further reports that the issue will continue to be discussed by the Discrimination Prohibition Panel of the Committee for Disability Policy Reform. The Committee invites the Government to include in its next report updated information regarding the ongoing discussion on the matter of reasonable accommodation.

3. Consultation with representative organizations of employers and workers. The Government indicates that the Subcommittee on Employment of Persons with Disabilities was established to discuss at a quadripartite level (Government, social partners and representatives of persons with disabilities) important matters related to the employment of persons with disabilities. NUWCW points out that it is not represented within the Subcommittee and, therefore, is not granted the opportunity to officially express its views. In this regard, it alleges that workers’ opinions are not taken sufficiently into account by the Government. The Government indicates that the Ministry of Health, Labour and Welfare, upon request from trade unions, organizes meetings between ministerial officers and trade unions representatives in which the opinions of the latter may be heard and that the last of such meetings were held in November 2010 and May 2011. The Committee requests the Government to provide other concrete examples of how the views and concerns of representatives of workers’ and employers’ organizations as well as of organizations of and for persons with disabilities, are taken into account in the formulation and implementation of the policy on vocational rehabilitation and employment of persons with disabilities.

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

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

The Committee notes the Government’s detailed report received in September 2010, including the comments formulated by the Japanese Trade Union Confederation (JTUC–RENGO). The report contains replies to the 2005 direct request formulated by the Committee, as well as to matters raised in the report of the tripartite committee established to examine a representation made under article 24 of the ILO Constitution alleging non-observance by Japan of this Convention, which was approved by the ILO Governing Body at its 304th Session (March 2009).

Follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the Constitution of the ILO). The Committee recalls that it was entrusted to follow up on the application of the Convention with respect to the questions raised in the representation (document GB.304/14/6, adopted by the Governing Body at its 304th Session in March 2009).

Articles 1(3) and 3 of the Convention. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship”. In paragraph 73 of the tripartite committee report, it was noted that the objective of type-A and type-B programmes under the support programme for the continuation of work (SPCW) was to provide persons with difficulties to be employed at ordinary workplaces with opportunities for work as well as training for improving their knowledge and skills to enter the workforce. However, while type-A facilities “employed” persons with disabilities under an employment contract, type-B facilities offered “opportunities for productive activities” without establishing an employment relationship and accordingly, the labour legislation did not apply. As a result of this situation, persons with disabilities involved in type-B programmes were not yet considered as able to work under an employment relationship. Considering the difficulty of ascertaining how in this case, the distinction between work under an employment relationship and other work would operate in practice, the tripartite committee concluded that further information was required on the criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship”. The Committee notes the indications provided by the Government in its report pointing out that criteria used to decide whether a person with disabilities is considered to be able to “work under an employment relationship” have been set forth by the “Ministerial Circular concerning the application of Labour Standards Law to persons with disabilities engaging in activities under the support programme for continuation of work provided by SSPDA”, No. 100204 of 2 October 2006 (Ministerial Circular No. 100204). The Committee notes that Ministerial Circular No. 100204 states that persons with disabilities engaging in activities under the SPCW fall into one of three categories: (1) those who work in type-A facilities under an employment contract; (2) those who work in type-A facilities without an employment contract; and (3) those who work in type-B facilities without an employment contract. The municipal authority shall decide under which category a person with disabilities falls, taking into account the level of her/his disability and her/his wishes. In principle, those who fall under category (1) are considered to be workers under the Labour Standards Law and those who fall under categories (2) and (3) are not considered to be workers since they are not subject to subordination and supervision. The Committee invites the Government to specify in its next report how many persons fall under categories that do not allow them to be covered by an employment relationship and the measures taken to ensure that they may also benefit from employment opportunities in the open labour market.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation. In paragraph 75 of the report, it was considered that standards applicable to work performed in sheltered workshops should be in line with the principles of the Convention, including the principle of equality of opportunity and treatment. The Government refers to the “Ministerial Circular concerning the application of article 9 of the Labour Standards Law to persons with disabilities engaging in activities at welfare workshops, small-scale workshops, etc.”, No. 0517002 of 17 May 2007 (Ministerial Circular No. 0517002). The Committee notes that Ministerial Circular No. 0517002 fixes the criteria for which persons with disabilities engaging in activities, especially training, at welfare workshops and small-scale workshops can be considered to be workers. The Committee recalls that from the perspective of the Convention’s objective of the social and economic integration of persons with disabilities into the community and wider society and with a view to the full recognition of the contribution made by persons with disabilities, bringing work performed by such persons in sheltered workshops within the scope of labour legislation, to the extent appropriate, would appear to be crucial. The Committee invites the Government to further clarify the measures taken to ensure that the treatment of persons in sheltered workshops is in line with the principles of the Convention, including the principle of equality of opportunity and treatment (Article 4).

(c) Low pay for persons with disabilities carrying out activities under the type-B programmes under the SPCW. In paragraph 76 of the report, it was noted that recipients of type-B programmes under the SPCW received a particularly low level of pay. The Government was requested to provide information on any progress to bring workshop pay to an adequate level. The Government indicates that, in the framework of the Five-Year Plan to Double Workshop Pay, prefectural governments provide support to service providers in an effort to increase the level of workshop pay through measures which include training programmes for raising management consciousness of service providers and human resources development among their staff. The Committee invites the Government to continue to provide information on measures taken or envisaged in bringing workshop pay to an adequate level in the framework of the Five-Year Plan to Double Workshop Pay.

(d) Service fees for participants in type-B programmes under the SPCW. In paragraphs 77 and 79 of the report, it was noted that persons with disabilities were entitled, free of charge, to vocational rehabilitation and employment services through the Public Employment Security Office. The tripartite committee expressed its concern at the introduction of a fee for participants in type-B programmes under the SPCW for the services received under such programmes, including vocational rehabilitation. The Government indicates that recipients of type-B programmes under the SPCW, while engaging in productive activities also receive welfare support. Therefore, they pay service fees in the same way as recipients of other welfare services. It adds that, in addition to reducing service fees in October and April 2008, the Government abolished service fees for persons with disabilities in low-income households in April 2010. The Committee notes with interest the measures taken by the Government to further reduce service fees for recipients of type-B programmes. The Committee hopes that the Government will pursue its efforts to ensure that persons with disabilities are not discouraged or excluded from becoming involved in such programmes and gaining eventual access to open employment. In this regard, the Committee recalls that Paragraph 22(2) of the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99), recommends the provision of free vocational rehabilitation services.

Promotion of employment for persons with disabilities. The Committee notes that the “Basic policy on employment measures for persons with disabilities” was adopted by the Ministry of Health, Labour and Welfare in 2009 and was followed by a Cabinet decision of 29 June 2010, regarding the “Basic direction with promoting reform of the system for persons with disabilities”. The Government intends to adopt domestic legislation with the aim of ratifying the United Nations Convention on the Rights of Persons with Disabilities. In this regard, JTUC–RENGO states that it will pay close attention to discussions at meetings held in the framework of the proposed reform as well as to the promotion and implementation by the Government of comprehensive policy measures which include the employment of persons with disabilities. The Committee invites the Government to provide in its next report information on the impact of the measures taken in the framework of the reform of the system for persons with disabilities on promoting employment opportunities for these persons in the open labour market. It asks the Government to continue to provide information on the manner in which the Convention is being applied and to include, for example, statistics and other relevant data disaggregated, as much as possible, by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. (a) Implementation of the Five-Year Plan for Implementation of Priority Measures (2008–12). In paragraph 80 of the report, it was noted that the number of persons with disabilities that obtained employment through the Public Employment Security Office increased in recent years. It was further noted that the Government sought to enhance cooperation and coordination between welfare and employment institutions in an effort to bring about an increased transition of persons with disabilities “from welfare to employment”. The Government was requested to provide further and updated statistical information to assess the impact of these measures against the targets set by the Five-Year Plan for Implementation of Priority Measures (2008–12) (Five-Year Plan), adopted in the framework of the Basic Programme for Persons with Disabilities 2003–12, with particular regard to the number of men and women with disabilities who moved from type-B programmes under the SPCW to sheltered work protected under the labour legislation and eventually to open employment. The Committee notes the information provided by the Government which indicates that the Five-Year Plan includes the target to increase the number of recipients of the Support Programme for Transition to Employment (SPTE) and the SPCW to 2,770,000 by 2011. Moreover, this Plan aims to increase the rate of transition from trial to regular employment for persons with disabilities to 80 per cent or more by 2012, the number of “job coaches” to 5,000 by 2011 and the employment rate for persons with disabilities, after the termination of support from job coaches, to 80 per cent or more by 2012. The Government provides comprehensive information, including statistical data, on the concrete measures implemented in the framework of the Five-Year Plan. In 2008, 448,000 persons with disabilities were estimated to be employed. The number of employment and vocational life support centres for persons with disabilities increased by 235 locations (from 36 locations in 2002 to 271 locations in 2010). The number of special subsidiary companies for the employment of persons with disabilities increased to 265 in 2009. These measures contributed to the increased private sector employment for persons with disabilities throughout Japan (197,388 in 2005 to 246,480 in 2009). The Government further indicates that in 2008, transitions from type-B programmes under the SPCW to type-A programmes were 103, from type-B to open employment were 697 and from type-A to open employment were 101. In total, transitions from welfare institutions to open employment were 3,376. The Committee invites the Government to include in its next report updated information on the impact of the Five-Year Plan for Implementation of Priority Measures (2008–12) and to provide relevant data on the transition of persons with disabilities from welfare institutions to open employment.

(b) Quota system for the employment of persons with disabilities. In paragraphs 81–82 of the report, the Government was invited to examine the impact of the quota system’s current limitation to persons with physical and intellectual disabilities on the employment opportunities of persons with other disabilities. Furthermore, while observing that the practice of double-counting of persons with severe disabilities in relation to the quota system did not appear to run counter to the objectives and principles of the Convention, the tripartite committee invited the Government to examine the impact of this practice in order to ascertain its effectiveness. The Government indicates that persons with mental disabilities have been included in employment quota calculations for persons with disabilities since 2006. Since this inclusion, the employment rate of persons with mental disabilities increased significantly more than that of persons with physical or intellectual disabilities, showing that the quota system proved to be effective. The Government further indicates that the number of employed persons with disabilities increased from 113,420 in 1977, when the practice was established, to 238,770 in 2009. Moreover, the number of employed persons with severe disabilities in 1977 was 15,009, compared with 92,420 in 2009. The Government observes that, since the figure also increased for persons who have no severe disabilities, the practice of double counting is not likely to have any effect on preventing the employment of these persons. The Committee invites the Government to also include updated information in this regard.

(c) Reasonable accommodation. In paragraph 83 of the report, it was emphasized that reasonable accommodation is indispensible in promoting and ensuring respect for the principle of equality of opportunity and treatment between workers with disabilities and workers generally. While noting that the Government had provided guidance and financial assistance to employers regarding the management of disability in the workplace, including workplace adaptation, the tripartite committee welcomed the planned study group on the issue of reasonable accommodation and expressed its hope that this initiative would contribute to the strengthening of the Convention’s application. In this regard, it was considered important to clarify employers’ obligations with regard to providing reasonable accommodation. The Committee invites the Government to provide information on this point.

The National Union of Welfare and Childcare Workers supplied new remarks and documents in October 2010, which were forwarded to the Government in November 2010. The Committee invites the Government to provide its own observations on the matters raised therein for the forthcoming session.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Follow-up to a representation submitted under article 24 of the ILO Constitution. The Committee notes that, at its 304th Session (March 2009), the Governing Body adopted on 18 March 2009, the recommendations of the tripartite committee established to examine the representation alleging non-observance by Japan of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), made under article 24 of the Constitution of the ILO by the National Union of Welfare and Childcare Workers. These recommendations entrust the Committee with following up the application of the Convention in respect of the questions raised in the representation (document GB.304/14/6). Accordingly, the Committee invites the Government to reply to its 2005 direct request and to provide detailed information on the matters raised in the conclusions of the tripartite committee in its next report, which is due in 2010.

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

1. Promotion of employment for persons with disabilities. In reply to its previous direct request, the Government indicates  that the actual employment rate of persons with disabilities by private companies has remained flat since 1998. Nevertheless, the Government further states that in response to growing awareness of social corporate responsibility, the employment rate of persons with disabilities by large companies has exceeded the average employment rate by companies with 56 or less employees. Some 1,113 companies were in the process of implementing a hiring plan of workers with disabilities in 2004. If a company shows no improvement after it receives guidance for employment of people with disabilities, the company’s name is made public as a virtual punitive measure. The Committee would appreciate receiving in the Government’s next report further information on the progress made through the measures taken by the private sector in order to promote employment opportunities for persons with disabilities in the open labour market and by the implementation of the Basic Programme for Persons with Disabilities, 2003-12. It asks the Government to provide general information on the manner in which the Convention is being applied, including, for example, statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

2. Consultation with employers’ and workers’ organizations. The Government indicates that the Central Council on Promotion of Measures for Persons with Disabilities is composed of persons with disabilities, persons engaged in welfare of persons with disabilities and experts appointed by the Minister. The Committee recalls that Article 5 of the Convention requests that the representative organizations of employers and workers shall be consulted on the implementation of policies on vocational rehabilitation and employment of persons with disabilities. It therefore asks the Government to provide information on how cooperation with employers’ and workers’ organizations is promoted and how their views are taken into account in formulating policies and programmes covered by the Convention.

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

Article 2 of the Convention.  Further to previous comments, the Government states that the main vehicles for promoting employment of people with disabilities are quotas for hiring in firms, sheltered workshops and welfare factories. The Government aims to accommodate approximately 68,000 workers with disabilities in either sheltered workshops or welfare factories by 2002.

The Japanese Trade Union Confederation (RENGO) states that although there is a quota system established by law in Japan, in practice it is not being followed, especially in large enterprises. RENGO considers that the law is not enforceable, due to poor administration and guidance. The system for integrating people with disabilities into the labour market needs to be improved. RENGO states that it has developed some policies which it has submitted to the Government for consideration. Please provide further information on how the suggestions of RENGO have been taken into account.

Article 3.  The Government states that several acts have been adopted to promote the employment of women, and laws which disadvantage them have been repealed. The Committee notes this information and would appreciate being kept informed of progress made in ensuring equal access to employment for women with disabilities.

Article 5.  In reply to previous comments, the Government states that the Central Deliberative Council is comprised of 20 members, mainly representatives of the disabled, of social agencies concerned with issues of the disabled, of academics, and one business representative. The Committee notes that there does not appear to be any representation of workers’ organizations. Please supply further information on how cooperation with employers’ and workers’ organizations is promoted, and how their views are taken into account in formulating policies and programmes.

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

The Committee notes the Government's report for the period ending May 1999. It also notes the communication from the Japanese Trade Union Confederation (RENGO) concerning the insufficient numbers of persons with disabilities who actually benefit from vocational rehabilitation. The allegations also concern the need to strengthen the legislative measures adopted in this respect. The Committee notes a brief communication from the Government indicating that a response will soon be sent in reply to the comments of the Confederation. The Committee will therefore defer its examination of the report to its next session.

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

The Committee notes with interest the detailed information supplied by the Government in its reports covering the period ending in July 1996. It notes in particular that programmes on the employment of persons with disabilities and a Government Action Plan for Persons with Disabilities were adopted in 1992, 1993 and 1995. It would be grateful if the Government would continue to supply information on the implementation of these programmes, both in law and in practice (Article 2 of the Convention), particularly with regard to measures for persons with mental disorders (Article 3), and on measures taken to ensure equality of opportunity and treatment for disabled men and women workers (Article 4) and to enable disabled persons in general to advance in employment (Article 7). Lastly, please describe in greater detail the membership and operational procedures of the Central Deliberative Council (Article 5).