Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Japón (Ratificación : 1953)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) provided with the Government’s report, as well as the Government’s reply thereto. It also notes the observations of the Japan Business Federation (NIPPON-KEIDANDREN), communicated with the Government’s report.

Articles 4 and 6 of the Convention. Collective bargaining rights of public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to provide information on the steps taken to engage in consultations with the social partners so as to ensure collective bargaining rights for public servants not engaged in the administration of the State. The Committee notes that the Government once again merely recalls that: (i) the fundamental rights at work of public service employees are, to some degree, restricted, due to the distinctive status and the public nature of their functions, performed in the common interest of citizens; (ii) the measures for an autonomous labour–employer relations system are issues that should be considered carefully while continuing to exchange opinions with workers’ organizations, since a wide range of issues remain to be understood by the public, making further in-depth discussion of those issues necessary; and (iii) public servants benefit from the National Personnel Authority (NPA) recommendation system as an effective and impartial compensatory measure for public servants whose fundamental rights at work are restricted. In particular, the Government indicates that the NPA held 186 official meetings with employees’ organizations in 2023 and 111 meetings in 2024 (up until September) to develop recommendations to align the working conditions of public service employees with the general conditions in the private sector. For example, in preparing its 2024 recommendation on “Improvement of the pay system in response to changes in society and the public service” (a comprehensive review of the different pay systems, including wages and allowances), the NPA heard the views of employees’ organizations from the initial stages of the review and submitted the elements to be considered in the planned review for their opinions. The Government therefore reaffirms that these compensatory measures maintain appropriately the working conditions of public service employees.

The Committee notes the observations of the JTUC-RENGO which complains that the Government has not engaged in any meaningful consultations on the autonomous labour–employer relations system. In these circumstances, the employers simply play a minimal role when required to enter into in negotiations under section 108–5 of the Public Service Act (which provides that the competent authorities concerned shall place themselves in the position to respond to any proposal by a registered trade union organization to negotiate on the remuneration of public servants, their hours of work or other conditions of work, or in connection therewith, on matters pertaining to lawful activities, including social and welfare activities). The Committee also notes the observations of NIPPON KEIDANREN, which reiterates its support for the Government’s intention to continue to carefully examine and consider measures for an autonomous labour–employer relations system, taking into account the views of employees’ organizations.

The Committee recalls that it drew the Government’s attention to the need to ensure the promotion of collective bargaining for public servants not engaged in the administration of the State for the first time in its observation of 1994. The Committee regrets to note once again that the Government’s report does not contain any information on substantive measures in this respect. The Committee is bound to reiterate its comments and therefore firmly expects the Government to make every effort to expedite its consultations with the social partners concerned and adopt measures for the establishment of the autonomous labour–employer relations system that will ensure collective bargaining rights for all public servants not engaged in the administration of the State. In the meantime, the Committee requests the Government to continue to provide information on the functioning of the NPA recommendation system as a compensatory measure for the denial of collective bargaining rights to public servants.

Collective bargaining rights of national forestry project staff. The Committee previously requested the Government to indicate the steps taken to ensure that national forestry project staff are afforded all guarantees under the Convention, including the right to bargain collectively. In this regard, the Committee notes the observations of the JTUC–RENGO, which indicates that no progress has been achieved in this respect and denounces the lack of will on the part of the Government to resolve the issue. The Committee notes the Government’s indication that it conducts an annual exchange of opinions with workers’ organizations with regard to working conditions in the forestry sector. The views and requests received are communicated promptly to the ministries and agencies responsible for the supervision of the working conditions system, and those that can be adopted are swiftly implemented. Thus in 2021, a centralized consultation system was established to promote measures to prevent harassment; in 2022, maternity and postnatal leave was paid in order to improve the salary of part-time employees; and in 2023, the wage regulations of the Forestry Agency were amended to increase the applicable wages.

While noting the implementation of measures to improve working conditions in national forestry projects, the Committee is bound to recall once again its view that the staff of these national projects are not among the category of workers that may be excluded from the scope of the Convention and should therefore enjoy the right to collective bargaining. Regretting the lack of progress in this respect, the Committee expects the Government to engage without further delay in substantive consultations with the representative organizations concerned in order to ensure that national forestry project staff are afforded all guarantees under the Convention, including the right to collective bargaining.

Full guarantee of the Convention for local public servants. The Committee previously noted that legal amendments that entered into force in 2020 for local public servants have the effect of broadening the category of public sector workers whose rights under the Convention are not fully guaranteed. It requested the Government to expedite its consideration of the autonomous labour–employer relations system so as to guarantee that the rights provided by the Convention cover local public servants without distinction, and that the right to collective bargaining of municipal unions is not impaired by the legal amendments introduced. The Committee notes that the Government merely indicates that the fundamental rights of local public servants must be taken into consideration at the same time as measures for the labour–employer relations system for national public service employees, in order to ensure consistency. Recalling that the measures relating to the autonomous labour–employer relations system for the national public service are confronted by a wide range of issues and have not yet been understood by the public, the Government indicates again that it is a matter that must be considered while continuing to exchange opinions with employees’ organizations. The Government reiterates that it will conduct a full review of the fundamental rights of local public servants on the basis of the national public service reform review.

Once again, the Committee is bound to recall that the Convention covers all workers and employers, and their respective organizations, in both the private and public sectors, regardless of whether the service is essential. The only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. It also recalls that the rights and safeguards set out in the Convention apply to all workers irrespective of the type of employment contract, regardless of whether or not their employment relationship is based on a written contract, or on a contract for an indefinite term (see 2012 General Survey on the fundamental Conventions, paragraph 168). The Committee expects the Government to provide information on tangible progress in the consideration of the autonomous labour–employer relation system so as to ensure the full enjoyment by all local public service officials of the rights contained in the Convention, including the right to collective bargaining. Furthermore, the Committee expects this review to ensure that the right to collective bargaining of municipal unions is not undermined by the introduction of legal amendments.