Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Japan (Ratification: 1953)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC-RENGO) and the Japan Business Federation (NIPPON KEIDANREN), communicated with the Government’s report.

Articles 3(1)(b), 13, 17 and 18 of the Convention. Preventive measures for workers engaged in decommissioning work and decontamination work with radioactive materials. Following its previous comments on this matter, the Committee notes the information provided in the report of the Government regarding the Fukushima Labour Bureau’s inspection activities in relation to business operators engaged in decommissioning and decontamination works. Regarding the reasons behind the overall decrease in the number of inspections between 2015 to 2019, the Committee takes due note of the Government’s indication that, by March 2018, decontamination work had been completed in all municipalities of areas designated as “special decontamination areas” and “intensive contamination survey areas”, except for the zones that are classified as “difficult-to-return zones” where radiation levels are particularly high. The Committee also notes that, from the statistics provided regarding employers engaged in decommissioning works, the percentage of inspected employers with recorded violations decreased between 2020 and 2022, from 123 out of 277 employers inspected in 2020 (44 per cent), to 137 out of 340 employers inspected in 2021 (40 per cent) and 67 out of 293 employers inspected in 2022 (23 per cent). Regarding decontamination works, the Government indicates that 129 out of 291 inspected employers were found to have committed violations in 2020 (44 per cent), while 96 out of 256 inspected employers (38 per cent) and 70 out of 187 inspected employers (37 per cent) were found in 2021 and 2022, respectively. The statistics also indicate that the majority of recorded violations relate to provisions of the Labour Standards Act. However, the Government also refers to OSH violations, such as the failure to conduct a preliminary survey of the decontamination site, in accordance with section 7 of the Ordinance on the Prevention of Ionizing Radiation Hazards at Works to Decontaminate Soil and Waste Contaminated by Radioactive Materials Resulting from the Great East Japan Earthquake and Related Works.

The Government refers to inspections and the provision of various forms of guidance as the main measures taken to ensure compliance with applicable labour standards and to address the causes of violations. The Committee nevertheless observes that there is an absence of information on the outcome of the 5 cases related to decommissioning work and the 17 cases relating to decontamination work referred to the Public Prosecutor’s Office, including on any penalties assessed and enforced. The Committee recalls that, according to Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be effectively enforced. The Committee requests the Government to pursue its efforts to secure the enforcement of the relevant legal provisions with respect to business operators still engaged in decommissioning and decontamination works. The Committee also requests the Government to continue to provide information on the number of active business operators engaged in decommissioning and decontamination works, the number of inspections conducted in this area, the number of violations detected and the legal provisions they relate to, as well as the corrective measures applied. Finally, the Committee once again requests the Government to provide information on any cases referred to the Public Prosecutor’s Office that have led to the application of sanctions.

Articles 10 and 16. Sufficient number of labour inspectors. Following its previous comments on the measures taken to ensure a sufficient number of labour inspectors, the Committee welcomes the Government’s indication that the number of labour inspectors has increased by 94 between March 2021 and March 2024, noting the Government’s indication of a total of 3,112 labour standards inspectors as of March 2024, compared to 3,018 labour standards inspectors in March 2021. The Committee further notes that out of 210 labour inspectors appointed in 2023, 81 were women. The Government indicates that there are 84 mine inspectors as of March 2023. In addition, the 2022 Annual Labour Standards Inspection Report indicates that the labour inspectorate has made a total of 171,528 on-site inspections in 2022, which consisted of 142,611 periodic and other inspections, 16,639 inspections in response to complaints, and 12,278 follow-up inspections. This also represents an increase of 15.5 per cent compared to the total of 149,379 on-site inspections recorded in the 2021 Annual Labour Standards Inspection Report. The Committee notes that according to the JTUC-RENGO, it is still necessary to increase the number of labour standards inspectors, in order to upgrade the labour inspection’s office system, and also to strengthen cooperation between the inspection departments, the safety and health departments, and the industrial accident departments. The NIPPON KEIDANREN also takes the view that the labour inspection system should make use of information and communication technology tools to further increase its efficiency and to reduce costs. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient tosecure the effective discharge of their duties, and to continue to provide up-to-date statistics on the total number of labour inspectors, disaggregated by prefecture and gender.The Committee further requests the Government to indicate any measures taken or envisaged to strengthen the material means at the disposal of the labour inspectors, including any technological or other tools provided to assist them in the performance of their duties.

Article 18. Safety of labour inspectors. Obstruction in the performance of their duties. Following its previous comment, which referred to the observations of the National Confederation of Trade Unions on the physical violence or intimidation experienced by labour inspectors, the Committee notes the Government’s indication that inspections are conducted by a team of labour inspectors when doing so may be necessary to ensure their safety, based on past inspections and guidance. The Government also indicates that managers have been directed to increase coordination with local police stations and enable a swift intervention by the police when labour inspectors are obstructed in the performance of their duties. The Government further indicates that labour inspectors are instructed to: (i) promptly return to their office if they feel that it is difficult to carry out their duties due to a threatening situation; and (ii) consult with or file a report to the police station if they have been subjected to an act of violence during the execution of duties. The Committee notes the Government’s indication that assault and threat of public service employees, including labour inspectors, in the execution of their duties is punishable under section 95 of the Penal Code (Act No. 45 of 1907), which stipulates imprisonment or detention for up to three years, or a fine of up to 500,000 yen. Further, refusing, impeding or evading labour inspections can be subject to a fine of up to 300,000 yen under section 120-4 of the Labour Standards Act (Act No. 49 of 1947). The Committee recalls that in order for the system of inspection to be consistent with its objectives, it is essential for the penalties imposed on persons guilty of violations of any kind to be effectively enforced, in conformity with the Convention (see the 2006 General Survey on labour inspection, paragraph 303). The Committee requests the Government to continue to take the necessary measures to ensure that, in accordance with Article 18, adequate penalties are effectively enforced when labour inspectors are obstructed in the performance of their duties. The Committee requests the Government to provide statistics on the application in practice of the above-mentioned penalties under the Penal Code, in cases where labour inspectors have been obstructed or intimidated in the performance of their duties.

The Committee is raising other matters in a request addressed directly to the Government.