Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Japan (Ratification: 1976)

The Committee notes the information provided by the Government in its report and, in particular, that concerning the application of Article 29, paragraph 2, of the Convention, which was the subject of its direct request of 2002. It also notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Government’s reply to them attached to the report.

The JTUC–RENGO alleges in particular that the number of employees protected by the health insurance and the pension insurance is decreasing year after year due to the increasing number of non-regular workers, including part-time and temporary workers, who are exempted from coverage when working less than three‑quarters of the normal working hours. In 2006, non-regular workers made up one third of all employees in Japan. The JTUC–RENGO called on the Government to relax the exemption criteria so that all workers, regardless of being regular or non-regular, are covered by the insurance schemes. In reply, the Government indicates that in 2007 it has submitted to the Diet the Bill for unifying employees’ pension schemes in order to extend the coverage, inter alia, to persons who work 20 or more scheduled working hours. The Bill stipulates however that small and medium-sized enterprises with 300 or less employees will be allowed an exemption from the new criteria as a measure to moderate the impact on business management. The Committee would like the Government to specify classes of employees prescribed under Articles 15(a) and 27(a) of the Convention that are covered by the health insurance and the pension insurance schemes. It notes that the statistics on the number of employees protected and the total number of employees in the country given in the report refer under Article 15(a) to figures of 2005–06 and under Article 27(a) to figures of
1999–2000, which do not correspond to the data for the same period given in the previous report of the Government. The Committee would therefore ask the Government to provide updated statistics required in Title I under Article 76 of the Convention for the same time period indicating the source of data. With regard to the Bill referred to by the Government, it would like to receive a copy of it, once adopted by the Diet, together with the translation into English of the relevant provisions concerning coverage. In addition, the Committee would like the Government to indicate how many workers are employed in the small and medium-sized enterprises with 300 or less employees, which might be excluded from the health and pension insurance coverage under the new Bill.