Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Employment Policy Convention, 1964 (No. 122) - Japan (Ratification: 1986)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report. It also notes the Government’s reply to the 2014 observations of the Japan Postal Industry Workers’ Union (YUSANRO), as well as the most recent observations presented by YUSANRO, received on 24 May 2016.

Article 1 of the Convention. Non-regular workers. The Committee notes the Government’s indication that, based on a proposal made by the tripartite Labour Policy Council in 2012, an amendment was made to the Act on Improvement of Employment Management for Part-time Workers, which entered into force in April 2015. The amendment includes provisions on part-time workers, establishing that they must not be subjected to discriminatory treatment compared to full-time workers. Furthermore, a draft amendment to the Worker Dispatch Act was adopted and came into effect in September 2015. Its objective is to increase employment stability and protection for dispatched workers by setting new time limits under the rationale that dispatch work should be temporary and provisional in nature. The amendment also provides for schemes to improve the quality of worker dispatching undertakings and provide career development support, including the conversion of dispatched workers to regular employees. The Government indicates that 7,677 non-regular workers were converted to regular workers between April 2014 and March 2015. The Committee notes, that according to the OECD Employment Outlook 2017 on Japan, while employment growth has been strong in Japan, recent job creation has largely taken the form of non-regular employment reinforcing concerns about labour market dualism. The Committee requests the Government to continue to provide information, including statistical data disaggregated by sex, age and employment type, on the effectiveness and impact of the measures taken, in consultation with the social partners, to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act.

Employment of women. In reply to the Committee’s previous comments, the Government indicates that the Act to Promote Women’s Participation and Advancement in the Workplace, adopted in 2015, calls for the national government and local authorities to make it mandatory for private businesses with more 300 workers to ascertain the situation of active participation by women in their own businesses and analyse issues arising; formulate, officially notify and publish action plans, including setting numerical targets and details of initiatives based on the outcome of the above; and regularly publish information on active participation of women. Meanwhile, private businesses with 300 or fewer workers are also required to make efforts to this end. The Government further indicates that the ratio of female workers in relation to the total number of workers reached a record high of 43.9 per cent in 2015. In its observations, NIPPON KEIDANREN refers to the adoption of the Mothers Hello Work programme to support women’s participation in employment and achieving work–life balance. The programme promotes the re-employment of parents after child-rearing through diverse measures, such as career guidance. The JTUC–RENGO stresses the persistence of the gender-based career-tracking system and calls for its abolition. It also notes that a significant number of women are hired as fixed-term contract workers. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the employment of women, including information on the impact of the Act to Promote Women’s Participation and Advancement in the Workplace. It also requests the Government to provide information on the initiatives taken with respect to the gender-based career-tracking system to ensure that women and men enjoy freedom of choice of employment and that each worker has the fullest possible opportunity to qualify for, and to use his or her skills, as contemplated in Article 1(2)(c) of the Convention.

Youth employment. The Government indicates that the Act for Partial Revision of the Youth Labour Welfare Act, adopted in 2015, includes the establishment of a system to provide information on actual working conditions to assist young people, as well as a certification system for small and medium-sized enterprises (SMEs) whose management of young workers is deemed to be outstanding. The Committee notes the support measures for graduate and university students, including the Hello Work for New Graduates programme and the establishment of a subsidy system to encourage employers to hire graduates and school dropouts. As a result of these initiatives, the employee turnover rate within three years from graduation from high school was reduced from 41.1 per cent at the end of 2012 to 36.6 per cent in 2014. In its observations, the JTUC–RENGO indicates that additional steps should be taken to improve workplace environments and increase continuous employment among youth. In this regard, the JTUC–RENGO points out that, according to the 2015 Labour Force Survey conducted by the Statistics Bureau of Japan, the unemployment rate was 5.5 per cent among those aged 15–24, and 4.6 per cent for those aged 25–34, in comparison with the overall unemployment rate of 3.4 per cent. The JTUC RENGO adds that the number of young people hired as non-regular employees in their first job after graduating is increasing each year, and the percentage of young people working in non-regular employment was 26.5 per cent in 2015 among those aged 25–34. Finally, the JTUC–RENGO highlights that the number of non-working population among those aged 15–34 who also do not engage in housework or attend an institution of learning reached 560,000 in 2014. This figure has largely remained unchanged for more than a decade. The Committee requests the Government to continue to provide information on the impact of the measures taken to ensure full, productive and lasting employment for young persons, including the Act for Partial Revision of the Youth Labour Welfare Act and the Hello Work for New Graduates programme.

Older workers. The Committee notes that the 2014 Japan Revitalization Strategy sets out a policy of promoting the active social participation of older persons and establishes the target of achieving a labour force participation rate of 65 per cent among those aged 60–64 by 2020. It also notes from the 2015–16 report on the labour situation in Japan of the Japan Institute for Labour Policy and Training that the age of eligibility for the fixed component of state pensions is being raised in stages to guarantee employment for everyone who wants to work up to 65 years old. The Government indicates that amendments to the Act on the Stabilization of Employment of Elderly Persons entered into force in April 2016. Following these amendments, participants of a national government programme the Silver Human Resources Centres (SHRCs), which provides job opportunities for retired citizens, are allowed to work a certain number of hours in the industries established in each city, town and village by Prefectural Governors, on the condition that they are employed via SHRCs employment placement services. The Government further indicates that 99.2 per cent of enterprises with 30 or more workers implemented employment security measures for older workers as of June 2015. It adds that it will continue to provide guidance to enterprises who have not introduced such measures, including to those with less than 30 workers. The JTUC–RENGO is of the view that no complete and full analysis of the situation was made in light of the fact that 90 per cent of domestic companies employ less than 30 workers. It therefore considers that guidance for companies that are required to secure employment for elderly persons must be strengthened. The Committee requests the Government to continue to provide information on the impact of the measures taken to promote productive employment of older workers, including further information with respect to the implementation of such measures in enterprises with less than 30 workers.