Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s report, and the comments dated 2 October 2009 of the Japanese Trade Union Confederation (JTUC–RENGO), which were annexed thereto. It also notes the following communications, which had been forwarded to the Government: (i) Japan Federation of Prefectural and Municipal Workers’ Unions (JICHIROREN) dated 13 October 2008; (ii) the Working Women’s Network, dated 8 June 2009; and (iii) the National Confederation of Trade Unions (ZENROREN), dated 28 September 2009. The Committee also notes the representation alleging non-observance by the Government of Japan of the Convention, made under article 24 of the ILO Constitution by the Zensekiyu Showa-Shell Labour Union. The representation concerns section 4 of the Labour Standards Act, and will be addressed by the tripartite committee established by the Governing Body.

Assessment of the gender pay gap. The Committee notes the statistical information provided by the Government concerning the evolution between 1989 and 2008 of the disparity in hourly scheduled cash earnings between male and female workers, and concerning the same disparity by industry and by occupational group based on the results of the Basic Survey on Wage Structure of 2006 and 2008. It indicates that the overall pay gap, while having decreased in that period, remains high. The survey shows that the average scheduled cash earnings of female workers as of 2008 was 69 per cent of that of male workers (a pay gap of 31 per cent), and that there are considerable differences between industries and occupational groups. ZENROREN asserts that the actual gender pay gap is in fact higher, since if part-time workers are included in the statistics, the gap increases to approximately 47 per cent, and has stagnated at that level since 1985. The Committee notes the Government’s indication that one of the factors contributing to the gender pay gap is the difference in average length of service which is normally shorter for women due to their resignation upon childbirth. The Committee also notes various measures indicated by the Government with a view to addressing issues leading to the gender pay gap, such as promoting the implementation of positive action measures, including through the Positive Action Promotion Council. The Government also refers to measures being taken to support work–life balance, including the amendment in 2009 of the Child and Family Care Leave Law promoting paternity leave and a shorter working-hour system. The Committee also notes the publication of the “Guidelines for Reducing the Gender Pay Gap: Measures to be taken by Labour and Management”, by the Ministry of Health, Labour and Welfare in August 2010.

The Committee hopes that targeted and concrete action will be taken in the near future to address the gender pay gap, and asks the Government to provide specific information in this regard. Noting the Government’s indication that research and statistical analysis is being undertaken by the Japan Institute for Labour Policy and Training (JILPT) of the factors underlying the gender wage gap, the results of which are to be examined by the Study Group on the Issues of Wage Disparity between Men and Women, the Committee asks the Government to provide the results of this analysis, including any recommendations made, and any measures taken as a result thereof. The Committee would also appreciate receiving the following:

(i)    statistical information on the earnings of male and female workers, in the public sector, including local government, and the private sector;

(ii)   a summary of the main provisions of the “Guidelines for Reducing the Gender Pay Gap”, and information on their application in practice, as well as a sample copy of a report on wage disparity between men and women; and

(iii)  a copy of the outcome report of the Study Group on Fixed-Term Employment Contracts, organized by the Ministry of Health, Labour and Welfare in February 2009 to discuss, among other issues, equal pay for work of equal value or equal treatment among fixed-term workers and regular workers.

Part-time work. The Committee notes the information provided by the Government concerning activities to promote the implementation of the revised Part-Time Workers Law, 2007, including making available experts on personnel matters and providing subsidies to enterprises. The Equal Employment Office in each prefecture provided guidance in 2008 with respect to 8,900 breaches of conduct. It also notes that these offices received numerous inquiries (12,052 in 2007 and 13,647 in 2008) concerning the interpretation of the revised Law and possible measures to be taken in accordance with its provisions. The Committee notes that JICHIROREN indicates that the wage gap between regular and
non-regular workers is one of the major causes of wage disparities between men and women. Referring to section 8 of the revised Part-Time Workers Law, which prohibits discriminatory treatment as regards the determination of wages, the implementation of education and training, the use of welfare facilities and other treatments for part-time workers if certain criteria are met, JICHIROREN states that, as the requirements are so strict, the law excludes almost all non-regular workers from its protection. ZENROREN provides a similar analysis, and indicates further that employers infringing the law are not sanctioned.
JTUC–RENGO calls for further amendments to the Part-Time Workers Law to extend the prohibition of discrimination to all part-time workers. The Committee asks the Government to continue to provide information on the implementation of the revised Part-Time Workers Law as well as the Basic Policy on Measures for Part-Time Workers (Notification of the Ministry of Health, Labour and Welfare No. 280 of 14 April 2008). Please provide, in particular, information on the activities of, and results achieved through, the equal treatment promotion consultants assigned to equal employment offices and part-time work assistance centres (section 2(3)(1) of the Basic Policy), as well as the results achieved in promoting transfers to full‑time jobs (section 2(3)(3) of the Basic Policy). While noting the difficulty indicated by the Government in identifying the effect of the revised Law in narrowing the gender pay gap, the Committee would appreciate receiving information showing the evolution since the adoption of the revised Part-Time Workers Law of the proportion of non‑regular workers covered by the revised Law, disaggregated by sex, as well as an indication of whether consideration is being given to revising the Law to extend the coverage. The Government is also requested to provide a copy of the guidelines on the employment management of contract workers, and any information on their implementation.

With respect to part-time and temporary workers in local governments, the Committee notes that the statistics provided by the Government indicate a high proportion of women part-time and temporary workers, with the highest proportion in medical and caretaking staff (medical technicians, nurses, child care, meal service), with women constituting approximately 90 to 98 per cent of those categories. The Committee also notes the information provided by JICHIROREN regarding the exclusion of public sector workers from the protection provided to part-time workers. The Committee asks the Government to provide any information on measures taken or envisaged in order to address the gap in the treatment between regular and non-regular workers in local governments, including the following:

(i)    whether consideration is being given to the extension of protection provided to private sector part-time workers to part-time workers in local governments;

(ii)   steps taken towards the implementation of the notification of the Secretary General of the National Personnel Authority concerning wages of part-time staff regulated under section 22(2) of the Act on wages of the general service staff (Kyu-Jitsu-Ko No. 1064 of 26 August 2008);

(iii)  a copy of a report of 23 January 2009 of the Committee on Study Council on Short-Time Service of Local Public Servants; and

(iv)  the implementation of the instruction of 24 April 2009 by the central Government issued to local governments concerning the treatment of temporary and part-time employees.

Indirect discrimination. The Committee notes the information provided by the Government concerning the number of queries and complaints made in relation to section 7 of the Equal Employment Opportunity Law (EEOL) and relevant court decisions. It also notes that the Enforcement Ordinance under the EEOL will be reviewed before the next review of the EEOL, which is to take place in 2012. The Committee hopes that the Enforcement Ordinance under the EEOL will be reviewed at the earliest opportunity, in consultation with the workers’ and employers’ organizations, with a view to ensuring that there is effective protection against all forms of indirect discrimination regarding remuneration, and requests information on progress made in this regard. Please also continue to provide information on the application of section 7 of the EEOL and section 2 of its Enforcement Ordinance, including any complaints received and relevant court decisions, including those addressing measures beyond the three provided for in the Ordinance.

Career tracking systems. The Committee has been raising concerns for a number of years regarding the impact of the career-tracking system on the wage disparity between women and men, due to the low representation of women in the main track. ZENROREN asserts that the system effectively excludes women from promotion to managerial posts. The Committee notes that the Government has provided a copy of the “Guidelines on ways for employers to take appropriate measures with regard to matters provided for under the provisions concerning the prohibition, etc. of discrimination against workers on the basis of sex” (Public Notice No. 614 of MHLW of 2006) (EEO guidelines). Chapter II of the EEO guidelines prohibits direct discrimination based on sex “for each employment category”, with respect to the following: recruitment and employment (section 2), assignment (section 3), promotion (section 4), demotion (section 5), training (section 6), fringe benefits (section 7), change in job type (section 8), change in employment status (section 9), encouragement of retirement (section 10), mandatory retirement age (section 11), dismissal (section 12), and renewal of a labour contract (section 13). It also provides for positive action measures (section 14). Section 1 of chapter II of the EEO guidelines defines “employment management category” to include various categories of workers, based on “job type, qualification, employment status, working pattern, etc.”. The Committee notes the Government’s confirmation that comparisons are made between men and women within the same employment management category to determine if there has been discrimination based on sex, and that it considers that the career‑tracking system is not in itself discriminatory, as long as it is applied in a gender‑neutral manner. In this regard, the Government also indicates that the Labour Bureau in each prefecture provides guidance to those companies which employ the career‑tracking system to ensure that it does not become an apparatus of sex segregation by assigning only men or women to a particular career course. The Committee asks the Government to provide information on measures taken to increase the proportion of women in the main track, and ensure that the career‑tracking system is not applied in a discriminatory manner. In this context, the Committee requests information on the general content of the guidance provided to enterprises utilizing the career-tracking systems and on whether such guidance has resulted in an increase in women in the main track. Please also provide any information on complaints or cases in this regard, and the outcome thereof, as well as updated statistical information on the distribution of men and women on the different tracks.

Objective job evaluation. The Committee notes the Government’s indication that a competency-based performance appraisal system has traditionally been the measure to determine wages, though research by the JILPT found that more emphasis was being placed on individual achievement, results-oriented or job-oriented components in the determination of wages, and less weight on age- or tenure-based components. Against this background, the Ministry of Health, Labour and Welfare is currently collecting information on wage systems of various companies, and plans to make available the findings for use by those companies attempting to adopt objective job evaluation methods for gender-neutral wage determination. The Committee asks the Government to provide information on the progress made in the survey of wage systems and the findings thereof, and to provide details of how the survey results are being used to promote objective job evaluation methods. Please provide information on any other measures taken to promote objective job evaluation methods.

Enforcement. The Committee notes the information provided by the Government that the labour standards inspection authority conducted 126,499 regular inspections, nine of which were identified as cases of violation of section 4 of the Labour Standard Law, and for which guidance was provided. Further to its previous comments on this point, the Committee notes the information provided by the Government that the Ministry of Health, Labour and Welfare holds workshops to train labour standards inspectors to interpret the relevant legislation, and that senior inspectors provide on-the-job training to other inspectors. The Committee asks the Government to provide particulars on the nine cases of violation of section 4 of the Labour Standards Act, including the nature of the violations and the content of guidance provided. The Committee would also appreciate if the Government would continue to provide information on the conduct of labour inspection, especially the concrete methodologies and the guidance provided to labour standards inspectors to identify instances of wage discrimination where men and women are engaged in work of a different nature, which is nonetheless of equal value. The Committee also asks the Government to continue to provide information on court decisions pursuant to section 4 of the Labour Standards Law that are relevant to the principle of the Convention.