Interim Report - Report No 47, 1961

Case No 179 (Japan) - Complaint date: 30-APR-58 - Closed

1. 95. At its February 1960 Session the Committee further examined the allegations in this case relating to restrictions on trade union membership and election of officers, concerning which it had previously reported to the Governing Body in its 32nd Report, in paragraph 9 of its 33rd Report, in paragraph 10 of its 36th Report and in paragraph 195 of its 41st Report. At the conclusion of its consideration of the case at its last meeting the Committee made certain recommendations to the Governing Body in paragraph 104 of its 44th Report, which read as follows:
2. 104. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the conclusions contained in paragraph 195 of the 41st Report of the Committee;
   • (b) to take note with interest of the Government's statement that collective bargaining relations between the Japanese Postal Authority and the All-Japan Postal Workers' Union have been restored and that preparations for the abrogation of section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law and section 5 (3) of the Local Public Enterprise Labour Relations Law and for the readjustment of other related laws and regulations are now being made by the Ministries concerned in accordance with the decision made at a Cabinet meeting in February 1959;
   • (c) to express the hope that effect will now be given at an early date to the decision of the Cabinet meeting in question to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), already noted in paragraph 9 of the Committee's 33rd Report; to request the Government to keep the Governing Body informed as to developments in this connection;
   • (d) to note that the question as to the compatibility of Japanese legislation with the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), will be further examined by the Committee of Experts on the Application of Conventions and Recommendations at its meeting in Geneva from 21 March to 2 April 1960 and by the Conference Committee on the Application of Conventions and Recommendations in June 1960.
3. 96. The Committee of Experts on the Application of Conventions and Recommendations, at its 30th Session (March-April 1960), after noting the information given verbally by the Government to the International Labour Conference in 1959 and in the report furnished by the Government, in respect of the period 1 July 1958-30 June 1959, on the application of Convention No. 98 referred to in subparagraph (d) of the recommendations cited above, observed that section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law and section 5 (3) of the Local Public Enterprise Labour Relations Law, which provide that officers of trade unions must be persons employed in the undertaking in which the union operates, run counter to Article 2 of the Convention. As the Government, according to its report, intended to repeal section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law, the Committee of Experts expressed the hope that this repeal would be effected as soon as possible and that section 5 (3) of the Local Public Enterprise Labour Relations Law would also be repealed.
4. 97. On 14 May 1960 the Government of Japan addressed a letter to the Director-General of the I.L.O in which it states that, in accordance with the decision made at a Cabinet meeting on 20 February 1959, the Government of Japan decided at a Cabinet meeting on 28 April 1960 to seek the approval of the National Diet for ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to submit to the National Diet Bills to amend the relevant legislation, including Bills to abrogate section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law, and submitted the said Convention and the Bills to the National Diet on the same day. Deliberations on them are due to start soon in the National Diet.

The Committee's recommendations

1. 98. In these circumstances the Committee recommends the Governing Body:
   • (a) to note with satisfaction the Government's statement that, having decided to seek the approval of the National Diet for ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it has submitted the Convention to the Diet together with Bills to amend the relevant legislation, including Bills to abrogate section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law and section 5 (3) of the Local Public Enterprise Labour Relations Law;
   • (b) to express the hope that the proposals to ratify the Convention and to enact the Bills referred to above will be approved by the National Diet at an early date;
   • (c) to request the Government to be good enough to keep the Governing Body informed as to further developments in this connection.