Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Japon (Ratification: 1999)

The Committee notes the information provided in the Government’s report for the period ending in June 2008, received in October 2008, including comments from JTUC–RENGO and the Government’s replies thereto. It further notes that the Governing Body established at its 306th Session (November 2009) a tripartite committee to examine the representation alleging non-observance by Japan of Convention No. 181, which the Japan Community Federation submitted under article 24 of the ILO Constitution. The present request is therefore limited and full dialogue will continue when the proceedings before the Governing Body are terminated.

Article 2, paragraph 2, of the Convention. Scope of the Convention. The Committee notes the information provided by the Government on the organization of the mariner dispatching services, including extracts of the Mariners Employment Security Law. The Committee recalls that, according to Article 2, paragraph 2, the Convention does not apply to the recruitment and placement of seafarers. The Government might wish to refer to the Maritime Labour Convention, 2006, which includes provisions addressing this matter.

Article 14. Adequate remedies in case of violations of the Convention. The Committee notes the concerns expressed by JTUC–RENGO in respect of the mechanisms for enforcing the implementation of national legislation.
JTUC–RENGO states that under the provisions of the Worker Dispatching Law, worker dispatch services require a licence to operate and any violations of the law are addressed through the provision of administrative guidance. JTUC–RENGO states that despite the provision of such guidance, violations have not abated. In addition, JTUC–RENGO states that the current law does not provide for penalizing employers who illegally receive workers from the dispatch service provider. With particular regard to the provisions of national legislation prohibiting discrimination in relation to vocational introduction and guidance, JTUC–RENGO alleges that no penalties are imposed to redress cases of violations of these provisions. JTUC–RENGO states that it is uncertain what role civil law can play in dealing with these violations, and suggests that there is a need to consider the effectiveness of the measures for dealing with violations. The Government considers it more effective to correct employers’ actions through measures such as the provision of advice and guidance, rather than through the imposition of strict penalties. The Committee notes the Government’s indication that it makes continuous efforts to ensure the effective enforcement of the Convention, through the provision of guidance, advice and recommendations. The Government remarks that, in 2006, guidance was provided in 606 cases in respect of violations of the Employment Security Law, and in 6,281 cases in respect of the Worker Dispatching Law. The Committee invites the Government to provide information on the operation in practice of the remedies available for dealing with violations of provisions of the Convention, and an evaluation of the adequacy of such remedies together with statistics showing the effectiveness of such remedies.

Article 5, paragraph 2. Special services or targeted programmes for the most disadvantaged workers. The Committee notes the Government’s indication that section 3 of the Employment Security Law, which prohibits discriminatory treatment in the provision of employment placement services, does not prevent private employment agencies from providing special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities. The Committee invites the Government to report on the operation of such special services or targeted programmes, aimed at assisting the most disadvantaged workers.

Article 7, paragraph 2. Authorization of exceptions to the rule that private employment agencies shall not charge workers for the services provided. The Committee recalls that the system of collecting fees for the placement of entertainers, model technologists, administrative executives and experienced technicians who earn more than 7 million yen annually, as well as housekeepers, waiters, cooks and models, is being maintained as an exceptional measure. The Government refers to consultations with the Japan Federation of Employers’ Associations, and the Japan Trade Union Confederation in this regard. The Committee invites the Government to continue reporting on any developments in respect of the system of fee-charging employment services in respect of these categories of workers.

Article 10. Machinery and procedures for the investigation of complaints. The Committee notes that 11 complaints were filed with the Ministry for Health, Labour and Welfare in 2007 in respect of the services provided by private employment agencies. Among other things, such complaints pertained to the working conditions and fees. The Committee invites the Government to continue reporting on the number and nature of the complaints received in respect of the activities of private employment agencies.

Articles 11 and 12. Allocation of responsibility and measures to ensure the adequate protection for workers employed by private employment agencies. The Committee notes the information provided by the Government on the measures taken to specify the responsibilities of private employment agencies and the user enterprises with regard to worker protection. The Committee also notes the comments provided by JTUC–RENGO stating that the responsibilities of the user enterprises should be extended to ensure collective bargaining, occupational health, safety education, medical examinations and provision to compensate overtime work should exist, so as to ensure adequate protection of workers employed by private employment agencies. The Committee invites the Government to continue providing information on the manner in which responsibilities are allocated between private employment agencies and user enterprises to ensure adequate worker protection.

Article 13. Cooperation between the public employment service and the private employment agencies. The Committee notes that provision is made, under the Basic Principles of Employment Policies, for public employment security offices and the private employment agencies to make efforts to improve their proper supply and demand adjustment functions through cooperation between the public and private sectors. The Committee invites the Government to provide more practical information backed by statistics on the effect of conditions to promote cooperation between the public employment service and private employment agencies.