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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Japan (Ratification: 2002)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were received together with the Government’s report. It requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Participation of representative organizations. In its previous comment, the Committee took note of the 2021 observations from the National Confederation of Trade Unions (ZENROREN), which indicated that the current consultation system, allowing only certain workers’ and employers’ organizations to participate in tripartite consultations, does not meet the requirements of the Convention. In response, the Government indicates that, in accordance with the requirements under the Convention, the freely chosen representatives of the most representative organizations of employers and workers participate in the tripartite ILO Panel. The Committee requests the Government to provide more information on the criteria used to choose the union representatives participating in the tripartite ILO panel and those used to assess the representativeness of the organizations of employers and workers.

Article 5(1). Effective tripartite consultations. The Committee takes notes of the detailed information provided by the Government on the tripartite consultations held on the matters covered by the Convention between June 2021 and May 2024. The Committee notes that these consultations were conducted in the tripartite ILO Panel (in August 2021, April 2022, May 2023 and April 2024) or through written communications when holding consultations at the ILO Panel was difficult due to timing issues. The Government provides minutes of the ILO Panel consultations and copies of the comments from the social partners when consultations were held in the written form.

With respect to consultations on unratified Conventions, the Committee notes with interest that, following tripartite consultations, the Government ratified the Abolition of Forced Labour Convention, 1957 (No. 105), in July 2022. The Committee also notes that tripartite consultations were held during the reporting period to consider the possibility of ratifying the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Occupational Safety and Health Convention, 1981 (No. 155), the Maternity Protection Convention, 2000 (No. 183), and the Violence and Harassment Convention, 2019 (No. 190). The Committee notes, however, that the Government does not provide comments on the observations submitted in 2021 by JTUC–RENGO, which criticized the current operational method of the ILO Panel, where no more than two unratified Conventions may be proposed by the social partners for discussion each year, and suggested that the Government establish other forums to discuss the ratification of ILO Conventions. The Committee further notes that, in its 2023 observations, JTUC–RENGO emphasizes that, despite the regular holding of tripartite consultations, the Government has still not ratified Conventions Nos 111 and 155, both of which are core labour standards. Regarding Convention No. 111, JTUC-RENGO observes that, although its ratification has been under discussion for years, recent consultations at the ILO Panel have been neither substantive nor effective, with the Government only mentioning legal challenges to its ratification. JTUC-RENGO also observes that while Japan's National Action Plan on Business and Human Rights (2020–2025) provides for efforts toward the ratification of ILO conventions, no real progress has been made. For JTUC-RENGO, the Government’s efforts have therefore been inadequate. JTUC-RENGO reiterates that the current functioning of the ILO Panel, with annual discussions restricted to two unratified ILO Conventions agreed upon by the social partners, hinders substantive discussions and limits opportunities to discuss the ratification of more ILO Conventions, aside from the more fundamental ones. JTUC-RENGO is of the view that consultations on unratified ILO Conventions Nos 111 and 155 should be held each year, without condition, until their ratification. In view of the above,the Committee requests the Government to continue to provide detailed information on the content and outcome of the consultations held on all matters listed in Article 5(1) of the Convention, including consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular Conventions Nos 111 and 155, as well as Conventions Nos 183 and 190 (Article 5(1)(c)). The Committee also requests the Government to report on the measures taken to improve effective tripartite consultations on international labour standards as required under the Convention, and to indicate the manner in which the views expressed by the social partners on the operation of such consultations are taken into account, including the views expressed by JTUC-RENGO in its 2021 and 2023 observations.

COVID-19 pandemic. The Government indicates that tripartite consultations continued during the COVID-19 pandemic, utilizing video conferencing. The Government adds that, since 2022, tripartite consultations have resumed in their usual format. The Committee takes note of this information, which addresses its previous request on the measures taken to ensure tripartite consultation during the COVID-19 pandemic.