Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Japon (Ratification: 1953)

The Committee notes the information supplied by the Government in its reports.

In its previous observation, the Committee commented on the following points:

1. the implementation of the recommendations made by the National Personnel Authority (NPA) relating to wage increases for public employees in the non-operational sector;

2. the implementation of arbitration awards issued by the Public Corporations and National Enterprises Labour Relations Commission (KOROI) concerning employees in these corporations and enterprises;

3. collective bargaining in bodies financed by the Government.

As no new developments appear to have occurred regarding the two first points, the Committee wishes to refer to its previous comments, namely that it hopes that the recommendations of the NPA will continue to be implemented and that the awards of the KOROI should be implemented fully and rapidly.

With regard to collective negotiations in corporations financed by the Government, the Committee notes the Government's statement to the effect that wages and other terms and conditions of employment are determined by autonomous collective bargaining between the trade unions and the management concerned.

However, many organisations of this type have to obtain, with regard to wages, authorisation from the competent Minister, who consults the Minister of Finance. This procedure is followed in order to ensure the proper expenditure of public funds, since these corporations depend, for most of their resources, on such funds. Furthermore, market constraints cannot act in these cases since the corporations in question are not managed on their own commercial resources. The Committee also notes the Government's statement to the effect that it has never intervened in collective bargaining in such organisations and that the approval of the competent Minister has been given in all cases. Finally, it notes that it is generally recognised that the wage level of employees in these corporations is higher than that of national public employees.

The Committee hopes that the collective agreements concluded in corporations financed by the Government will continue to conform to the freely expressed wishes of the social partners. It requests the Government to continue supplying information on collective bargaining practices in these corporations, and in particular on the comments of the competent Ministers on the agreements submitted to them.