Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Equal Remuneration Convention, 1951 (No. 100) - Japan (Ratification: 1967)

1. In comments made over the course of a number of years, the Committee has sought information which would enable it to ascertain the extent to which the application of the Convention has resulted in a narrowing of the wage differential between women and men. On the basis of the most recent information provided by the Government, the Committee notes that the starting salary of women upper-secondary school graduates has narrowed to 94.7 per cent of that of men in the same position in 1990. A comparison made between male and female "standard" workers (i.e. a worker who has remained employed by the same enterprise since graduation) of the same age and length of service who were graduates from upper secondary schools, revealed that the wages of women represented nearly 90 per cent of those of men in the 20's age group and 70 per cent in the 50's age group. The "Basic Survey on Wage Structure", Ministry of Labour, June 1988 (which appears to be the source of the latter-mentioned data) reveals that wage differences, at least in the starting salaries, are levelling off among junior high school and high-school graduates, and narrowing among university graduates. This same survey indicated, however, that women's average monthly cash earnings are about 60.5 per cent of those of men.

2. From the information supplied in the reports of the Government, the Committee observes that two primary reasons appear to account for the persistence of an important wage differential in average earnings and for the widening of the wage differential in relation to the age of women workers; the first being the seniority wage system, under which the employee's pay rises with the length of service in the same enterprise; and secondly, the fact that women are concentrated in lower paid jobs and are not accorded equal employment opportunities.

3. As concerns the seniority wage system, the Government had earlier stated that a change to a wage system based on job content would promote the principle of equal remuneration for men and women by reducing the difference in earnings due to the shorter average length of women's service. It had pointed out, however, that both employers and workers recognised the merits of the seniority-based system and that it would have to be reformed gradually to avoid jeopardising these merits. The Committee requests the Government to indicate whether there has been any progress towards a wage system based on job content. In order to ensure that the trend towards a narrowing of the wage differential at the entry level is maintained as those workers age, the Committee also requests the Government to indicate whether consideration has, or might be given, to introducing a system whereby seniority credits are awarded to women who break their careers for child-bearing or rearing or in order to meet other family responsibilities.

4. In relation to overcoming pay inequalities through measures to promote equal opportunities for women workers, the Committee has noted the information provided in the Government's report concerning measures to implement the Equal Employment Opportunity Law, 1985. The Committee recalls that while this Law prohibits discrimination on the ground of sex in relation to vocational guidance, the payment of fringe benefits, the mandatory retirement age and retirement and dismissal on the ground of marriage, pregnancy and childbirth, it provides that employers "should endeavour" to give equal opportunities to women and men in recruiting, hiring, assigning posts or promoting workers. The Committee has noted that under the Voluntary Check-up System on Employment Management for Women Workers, instituted by the Minister of Labour in 1988 (following which, persons to promote equal opportunities were appointed in 20,000 establishments) enterprises are not requested to analyse and submit reports on progress. However, a Basic Survey on Women's Employment Management revealed, among other things, that while 87.3 per cent of enterprises responded that there had been no change in three years in the number of women holding director-level posts, 74.8 per cent of enterprises indicated that they planned to improve women's employment status. Within the context of this survey, an analysis of the basic thinking about the assignment of female workers showed that 45.7 per cent of enterprises stated that they "assign female workers to jobs in which they can display their characteristics and sensitivity as females", 23 per cent stated they assign females to all jobs and 16.7 per cent said they assign women to "those jobs in which they can make the best use of their special skills"; 7.9 per cent assign females only to subsidiary jobs.

In the light of these indications, the Committee requests the Government to give consideration, in consultation with the social partners, to taking additional measures to ensure that existing inequalities in recruitment, hiring, assignment and promotion, which appear to be somewhat responsible for the maintenance or continuance of the wage gap, are remedied.

5. Recalling that the Convention, by placing the comparison of jobs on the basis of the value of the work, necessitates the use of criteria to compare the value of the different work undertaken by women and men, the Committee requests the Government to indicate the measures taken or contemplated to ensure that jobs mainly performed by women are not given a lower value than jobs mainly performed by men, on account of subjective value judgements based on traditional notions concerning the respective qualities of men and women.