Rapport intérimaire - Rapport No. 357, Juin 2010

Cas no 2177 (Japon) - Date de la plainte: 26-FÉVR.-02 - Actif

Allegations: The complainants allege that the upcoming reform of the public service legislation, developed without proper consultation of workers’ organizations, further aggravates the existing public service legislation and maintains the restrictions on the basic trade union rights of public employees, without adequate compensation

1. 709. The Committee examined these cases at its November 2002, June 2003, March 2006, June 2008 and June 2009 meetings, where it presented interim reports, approved by the Governing Body at its 285th, 287th, 295th, 302nd and 305th Sessions [see 329th Report, paras 567–652; 331st Report, paras 516–558; 340th Report, paras 925–999; 350th Report, paras 1167–1221; and 354th Report, paras 951–992].
2. 710. The Japanese Trade Union Confederation (JTUC–RENGO) (Case No. 2177) submitted additional information in a communication dated 13 January 2010.
3. 711. The Government submitted its observations in a communication dated 15 April 2010.
4. 712. Japan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 713. At its June 2009 meeting, the Committee made the following recommendations:
   • (a) Noting with concern the allegation that certain proposals have apparently been unilaterally set forth for the reappraisal of the salary system of the public service before having resolved the question of public service basic rights and providing for appropriate compensatory guarantees, the Committee expects that the Government will undertake full and frank consultation with all relevant workers’ organizations concerned with a view to determining mutually acceptable conditions with regard to the procedure for the reappraisal of the public service salary system and bearing in mind the need for ensuring compensatory mechanisms.
   • (b) While welcoming both the institutionalized tripartite discussions that have taken place in the context of the Employee–Employer Relations System Review Committee (the Review Committee) and the establishment of the independent Advisory Panel, the Committee strongly reiterates its previous recommendation to the Government to continue to take steps to ensure the promotion of full social dialogue aimed at effectively and without delay addressing the measures necessary for the implementation of the freedom of association principles embodied in Conventions Nos 87 and 98, ratified by Japan, in particular as regards:
   • (i) granting basic labour rights to public servants;
   • (ii) granting the right to organize to firefighters and prison staff;
   • (iii) ensuring that public employees not engaged in the administration of the State have the right to bargain collectively and to conclude collective agreements, and that those employees whose bargaining rights can be legitimately restricted enjoy adequate compensatory procedures;
   • (iv) ensuring that those public employees who are not exercising authority in the name of the State can enjoy the right to strike, in conformity with freedom of association principles, and that union members and officials who exercise legitimately this right are not subject to heavy civil or criminal penalties; and
   • (v) the scope of bargaining matters in the public service.
     • The Committee requests the Government to keep it informed of developments on all the above issues.
   • (c) The Committee expects that the Government will take into consideration the necessity of affording fair treatment to all representative organizations, with a view to restoring the confidence of all workers in the fairness of the composition of councils that exercise extremely important functions from a labour relations perspective when considering the additional members to the Review Committee. It requests the Government to keep it informed in this regard.
   • (d) The Committee once again reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.
   • (e) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case.

B. Additional information from the complainant

1. 714. In its communication of 13 January 2010, JTUC–RENGO states that a meeting was held on 16 October 2009 between Mr Ulf Edström, the Workers’ group spokesperson on the ILO Committee on Freedom of Association, and the Minister responsible for Civil Service Reform. In the said meeting, the Minister stated that the Government would recover the basic labour rights of public employees in line with the manifesto of the ruling Democratic Party of Japan (DPJ). In response to Mr Edström’s request that the relevant policy of the new government (on the recovery of basic labour rights in the public service) be reported to the Committee as soon as possible, the Minister was reported to have indicated that the timing and the content of the report will be coordinated across the ministries concerned; he added that, in his opinion, the country’s deviance from the global standard for more than 40 years was nothing to be proud of and that he would really like to make up for the delay.
2. 715. As concerns the right to organize of fire-defence personnel, the complainant indicates that at a 28 October 2009 regular conference of the All-Japan Prefectural and Municipal Workers Union (JICHIRO), the Minister of Internal Affairs and Communications, stated that the situation which the ILO has repeatedly recommended be redressed should not be left unattended, and that directions have been given to work on the issue in order to have these recommendations implemented. The Minister acknowledged that how the right to organize should be granted to fire-defence personnel remained an issue, but added that it was important to move positively forward by listening to the opinions of those concerned while gaining better understanding of the public. The complainant considers that the Minister’s statements reflect a greater commitment on the part of the Government with respect to this matter.
3. 716. Further to the Minister’s statement, a panel is to be established in the Ministry to review the granting of the right to organize in the fire-defence service, which is scheduled to start its work in January 2010. The panel, which includes representatives from the National Council of Japanese Firefighters and Ambulance Workers (ZENSHOKYO), JICHIRO and the complainant, is to submit a report between August and September 2010; in this regard, the complainant states that the matter should be placed within the framework of reforming the basic labour rights issues of public employees as a whole.
4. 717. The complainant indicates that, in an informal discussion session held after a Cabinet meeting on 15 December 2009, the Prime Minister made remarks on developing a policymaking system based on political leadership by taking power out of the hands of bureaucrats. Specifically, he gave instructions to promptly start discussions on “reforming the civil service system” through: (1) giving the National Policy Unit and the Government Revitalization Unit legal status in the Government’s structure; (2) increasing the number of vice-ministers and parliamentary undersecretaries in each ministry and creating politically appointed positions which Diet members can hold concurrently; (3) establishing a Cabinet Bureau of Personnel Affairs in order to consolidate the management of senior officials’ personnel affairs solely under the Cabinet’s control; and (4) proceeding promptly to discussions on “new civil service system reform”, such as reviewing the basic labour rights of public employees and promoting an environment in which public employees can be employed and perform their official duties up until the official retirement age, He also issued directions to present to the ordinary session of the Diet in 2010 a bill for establishing a relevant decision-making procedure based on political leadership and a bill for reforming the civil service system, including the establishment of the Cabinet Bureau of Personnel Affairs. According to the complainant, the Prime Minister regrettably failed to provide specific information with regard to the time frame and substance of the reforms concerning basic labour rights in the public service.
5. 718. The complainant indicates that, on 15 December 2009, the Review Committee submitted a report concerning the promotion of an autonomous labour–management relations system to the Minister responsible for Civil Service Reform. The complainant indicates that the report posits the necessity of designing institutional arrangements on the basis of the premise that the right to conclude agreements is to be granted to public employees. However, the report fails to present any conclusions as to the design of the autonomous labour–management relations system as a whole. It only indicates some “alternative model cases” by listing the following as specific models: (1) one similar to a structure under the labour law applied to the private sector which places more importance on agreements between labour and management; (2) one which respects labour–management agreements based on the basic principles of the existing civil service system; and (3) one putting emphasis on the involvement of the Diet and the peculiarities of the functions of public employees. According to the complainant, the Review Committee indicated that it has no intention of recommending any particular one of these three models, nor will it exclude any other alternatives; the design of the future system therefore will be for the Government to decide. Finally, the complainant states that the Government has yet to express its commitment to implementing the recommendations set out in Case No. 2177.

C. The Government’s reply

1. 719. In its communication of 15 April 2010, the Government states that, as a result of the 30 August 2009 elections of the House of Representatives, a new administration came into power composed primarily of the DPJ, which promised sweeping reform of the national civil service system, including the recovery of basic labour rights in its campaign platform. Mr Yoshito Sengoku was appointed as the Minister responsible for Civil Service Reform. Based on its promises, the new administration will move forward on sufficiently examining the basic labour rights of public service employees and making sweeping reforms of the national civil service system.
2. 720. The Government states that the Minister responsible for Civil Service Reform received a report, entitled “Toward measures for an autonomous labour–employer relations system”, from the Review Committee on 15 December 2009. The report was compiled from the findings of the study of systems where public service employees in the non-operational sector are granted the right to conclude collective agreements, in order to provide useful guidance to the Government in its consideration of a new civil service system. The Government attaches as an appendix an outline of the chapters of the Review Committee’s report.
3. 721. On 19 February 2010 the Government submitted to the Diet the “Amendment Bill for the National Public Service Employee Law”, which provides for the establishment of central control of the personnel affairs of executive public service employees in order to enhance the personnel management function of the Cabinet, and also establishes the Cabinet Bureau of Personnel Affairs within the Cabinet Secretariat to take on such functions. In respect of labour rights, the supplementary provision of the Amendment Bill provides that the Government should establish an institution with the powers and responsibilities needed to implement a transparent and autonomous labour–employer relations system pursuant to article 12 of the Civil Service Reform Law. From this point of view, the Government should examine roles that the Cabinet Bureau of Personnel Affairs or other relevant administrative organs should play and should take any necessary legislative measures based upon those findings, thus clarifying its intention to establish an institution with the powers and responsibilities for implementing an autonomous labour–employer relations system. In the process of establishing the Amendment Bill, the Government held discussions with JTUC–RENGO and the RENGO Public Sector Liaison Council (RENGO–PSLC) at various levels; discussions were also held with the National Confederation of Trade Unions (ZENROREN) and the National Public Service Employees’ Union (KOKKOROREN).
4. 722. As concerns the right to organize of fire-defence personnel, the Government indicates that, pursuant to directions from the Minister of Internal Affairs and Communications, a committee on the right to organize was established within the Ministry of Internal Affairs and Communications. With consideration given to the opinions of all concerned, the committee will study the right to organize of fire-defence personnel in view of both respect for basic labour rights and the assurance of reliability and safety for the people. The committee will proceed with further discussions, with visits to fire stations and hearings from relevant organizations, and will compile their findings in the fall of 2010. The Government attaches in an appendix a list of the committee members, which consists of the Vice-Minister for Internal Affairs and Communications, as chairperson, and 12 individuals, including four academics, two journalists, and three workers’ representatives (the General Secretary of the JICHIRO, the Director-General of the ZENSHOKYO; and the Director of the General Planning Department of JTUC–RENGO).
5. 723. The Government states that the Civil Service Reform Law provides that legislative measures are to be taken within approximately three years after the Law comes into force (by June 2011), except for the items concerning the Cabinet Bureau of Personnel Affairs. The Government will accelerate its examination of the granting of basic labour rights, and make its best endeavours to submit the relevant bill as early as possible. The Government maintains that it has done its utmost to hold meaningful discussions and achieve fruitful civil service reform, bearing in mind the basic idea that frank exchanges of views and coordination with relevant organizations are necessary; this approach will be continued. The Government will also continue to refer to the recommendations of the ILO Committee on Freedom of Association and provide timely and relevant information on the situation. Finally, the Government requests that the ILO understand the current situation, as well as the sincerity of its efforts respecting this matter.

D. The Committee’s conclusions

1. 724. The Committee recalls that these cases, initially filed in March 2002, concern the current reform of the public service in Japan.
2. 725. The Committee notes, from the communications submitted, that on 19 February 2010 the Government submitted to the Diet the “Amendment Bill for the National Public Service Employee Law”, which provides for the establishment of central control of the personnel affairs of executive public service employees in order to enhance the personnel management function of the Cabinet, and also establishes the Cabinet Bureau of Personnel Affairs within the Cabinet Secretariat to take on such functions. The Government states that the process of formulating the Amendment Bill involved discussions with several unions – including JTUC–RENGO, RENGO–PSLC, ZENROREN, and KOKKOROREN – and that, as concerns the provision of labour rights in the public service, the supplementary provision of the Amendment Bill provides that the Government should establish an institution with the powers and responsibilities needed to implement a transparent and autonomous labour–employer relations system pursuant to article 12 of the Civil Service Reform Law. As regards this matter the Committee further notes that, according to JTUC–RENGO, no specific information has been provided concerning the time frame and substance of the reforms concerning basic labour rights in the public service.
3. 726. The Committee also notes that on 15 December 2009 the Review Committee issued a report entitled “Toward measures for an autonomous labour–employer relations system”, which compiles the findings of the study of systems where public service employees in the non-operational sector are granted the right to conclude collective agreements, in order to provide guidance to the Government in its consideration of a new civil service system. JTUC–RENGO indicates that the report posits the necessity of designing institutional arrangements on the basis of the premise that the right to conclude agreements is to be granted to public employees, yet fails to put forward any conclusions as to the design of the autonomous labour–management relations system as a whole. According to JTUC–RENGO, the report only presents some “alternative model cases” by listing the following as specific models: (1) one similar to a structure under the labour law applied to the private sector, which places more importance on agreements between labour and management; (2) one which respects labour–management agreements based on the basic principles of the existing civil service system; and (3) one putting emphasis on the involvement of the Diet and the peculiarities of the functions of public employees.
4. 727. In respect of firefighters, the Committee notes that a committee was established, within the Ministry of Internal Affairs and Communications, to study the right to organize of firedefence personnel in view of both respect for basic labour rights and the assurance of reliability and safety for the people. The committee, which includes representatives from JTUC–RENGO and the ZENSHOKYO, will proceed with further discussions, with visits to fire stations and hearings from relevant organizations, and will compile their findings in the fall of 2010. The Committee further notes that, according to JTUC–RENGO, the statements made by the Minister of Internal Affairs and Communications at an October 2009 JICHIRO conference reflected, on the Government’s part, a greater commitment to the right to organize of firefighters.
5. 728. The Committee notes the above developments and welcomes with interest that institutionalized tripartite discussions have taken place, and trusts that they will continue to take place in a continuing spirit of social dialogue and in the context of the ongoing reform process, particularly as regards the formulation of the Amendment Bill for the National Public Service Employee Law and the committee established under the Ministry of Internal Affairs and Communications to study the issue of the right to organize of firefighters. The Committee further notes that, according to the Government, it has done its utmost to hold meaningful discussions, on the premise that frank exchanges of views and coordination with relevant organizations are necessary, and will continue to refer to the Committee’s recommendations in the context of the ongoing reform of the civil service. Additionally noting, however, JTUC–RENGO’s allegation that the Government has yet to provide specific information concerning the time frame for, and substance of, the reforms regarding basic labour rights in the public service, the Committee once again strongly reiterates its previous recommendations that the Government continue to take steps to ensure the promotion of full social dialogue aimed at effectively, and without delay, addressing the measures necessary for the implementation of the freedom of association principles embodied in Conventions Nos 87 and 98, ratified by Japan, in particular as regards: (i) granting basic labour rights to public servants; (ii) granting the right to organize to firefighters and prison staff; (iii) ensuring that public employees not engaged in the administration of the State have the right to bargain collectively and to conclude collective agreements, and that those employees whose bargaining rights can be legitimately restricted enjoy adequate compensatory procedures; (iv) ensuring that those public employees who are not exercising authority in the name of the State can enjoy the right to strike, in conformity with freedom of association principles, and that union members and officials who exercise legitimately this right are not subject to heavy civil or criminal penalties; and (v) the scope of bargaining matters in the public service. The Committee requests the Government to keep it informed of developments on all the above issues.
6. 729. Finally, the Committee once again reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.

The Committee's recommendations

1. 730. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee welcomes with interest the institutionalized tripartite discussions that have taken place, and trusts that they will continue to take place in a continuing spirit of social dialogue and in the context of the ongoing reform process, particularly as regards the formulation of the Amendment Bill for the National Public Service Employee Law and the committee established under the Ministry of Internal Affairs and Communications to study the issue of the right to organize of firefighters. The Committee once again strongly reiterates its previous recommendations that the Government continue to take steps to ensure the promotion of full social dialogue aimed at effectively, and without delay, addressing the measures necessary for the implementation of the freedom of association principles embodied in Conventions Nos 87 and 98, ratified by Japan, in particular as regards:
   • (i) granting basic labour rights to public servants;
   • (ii) granting the right to organize to firefighters and prison staff;
   • (iii) ensuring that public employees not engaged in the administration of the State have the right to bargain collectively and to conclude collective agreements, and that those employees whose bargaining rights can be legitimately restricted enjoy adequate compensatory procedures;
   • (iv) ensuring that those public employees who are not exercising authority in the name of the State can enjoy the right to strike, in conformity with freedom of association principles, and that union members and officials who exercise legitimately this right are not subject to heavy civil or criminal penalties; and
   • (v) the scope of bargaining matters in the public service.
     • The Committee requests the Government to keep it informed of developments on all the above issues.
   • (b) The Committee once again reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.
   • (c) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case .