Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Japan (Ratification: 1953)

The Committee notes the following observations concerning matters addressed in this comment, as well as the Government’s replies to these: the observations of the Japanese Trade Union Confederation (JTUC–RENGO), transmitted with the Government’s report; the observations of the National Confederation of Trade Unions (ZENROREN), received on 31 August 2021; and the observations of the Rentai Union Suginami, the Rentai Workers’ Union, Itabashi-ku Section, the Apaken Kobe (Casual/Temporary/Part-time Non-regular Workers’ Union) and the Union Rakuda (Kyoto Municipality Related Workers’ Independent Union), received on 1 September 2021. The Committee further notes the observations from Education International (EI), received on 9 September 2021, and the reply of the Government to those.

Articles 4 and 6 of the Convention. Collective bargaining rights of public service employees not engaged in the administration of the State. The Committee recalls that for many years its comments relate to the need to ensure the promotion of collective bargaining for public employees who are 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 consultation with the social partners, as required by the Civil Service Reform Law, so as to ensure collective bargaining rights for public service employees not engaged in the administration of the State. The Committee notes the Government’s indication once again that basic labour rights of public service employees are, to some degree, restricted, due to the distinctive status and the public nature of the functions. It recalls that public service employees benefit from the National Personnel Authority (NPA) recommendation system. It further asserts that exchanges are held annually, at various levels, with employees’ organizations on various topics, including the measures for the autonomous labour–employer relations system. Observing that there are still various concerns and opinions concerning these measures, in addition to the changing environment in labour relations, the Government intends to continue to consult with the trade unions on these issues. The Committee notes, on the other hand, the observations of the JTUC–RENGO’s, ZENROREN, Rentai Union Suginami, Rentai Workers’ Union, Itabashi-ku Section, Apaken Kobe (Casual/Temporary/Part-time Non-regular Workers’ Union) and the Union Rakuda (Kyoto Municipality Related Workers’ Independent Union) deploring, in their respective communications, that the Government has failed to initiate any meaningful consultation on the autonomous labour–employer relations system despite their demands during the past years and alleging that this illustrates the lack of intention on the part of the Government to reconsider the legal system with regard to the basic labour rights of public service employees.

Furthermore, the Committee notes that the Government reiterates that the NPA remains fully functional as a compensatory measure for the restrictions on basic labour rights of public service employees. The Government reports that the NPA held 208 meetings in 2019 and 185 meetings in 2020 to hear opinions and requests from trade unions. Additionally, the bills on remuneration and other working conditions of public employees prepared by the Government for the deliberation in the Diet are drafted according to the NPA recommendation system. In its view, these compensatory measures maintain appropriately the working conditions of national public service employees. The Committee notes, on the other hand, the opinion of the JTUC–RENGO that recommendations of the NPA are subordinated to the political decision of the Government. In the case of the recommendation on remuneration, the Committee notes that the JTUC–RENGO regretted that the wage revision processes had been conducted in a unilateral way by the Government, illustrating the fact that the NPA recommendation system is defective as a compensatory measure. The Committee recalls that, under Articles 4 and 6 of the Convention, civil servants not engaged in the administration of the State must be able to collectively negotiate their working and employment conditions, and that mere consultation mechanisms are not sufficient in this respect.  The Committee, noting that the report fails to provide any additional information on the matter, firmly expects that the Government will make every effort to expedite its consultation with the social partners concerned and that it will adopt measures for the establishment of the autonomous labour–employer relations system that will ensure, in the near future, 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 to the denial of collective bargaining rights to public service employees.

Collective bargaining rights of national forestry project staff. The Committee, recalling that national forestry project staff are not among the category of workers that may be excluded from the scope of the Convention, previously requested the Government to indicate the steps taken to ensure that this category of workers is afforded the full guarantees of the Convention, including the right to bargain collectively. The Committee notes the Government’s indication that it conducts an annual exchange of opinions with employee organizations regarding working conditions in the national forestry business. Those that the Government considers may be adopted are promptly implemented, such as the reappointment to Government posts for retired staff. The Committee notes the observations of the JTUC-RENGO recalling that the reappointment system is implemented by virtue of pre-existing laws, hence it was not established through labour–employer discussions within the national forestry project and that, as a consequence, the recognition of the right to collective bargaining of national forestry project staff remains unaddressed. The Committee, noting that the report fails to provide any meaningful information on the matter, reiterates its firm hope that the Government will provide in its next report information on tangible consultations held and the measures taken to ensure that national forestry project staff is afforded the full guarantees of the Convention, including the right to bargain collectively.

Full guarantee of the Convention for local public service employees. The Committee notes the observations of Rentai Union Suginami, Rentai Workers’ Union, Union Rakuda and Apaken Kobe referring to the adverse impact of the entry into force of the revised Local Public Service Act in April 2020 on their right to organize, and stating that: (i) the new system, which aimed at limiting the use of part-time staff on permanent duties, has the effect of increasing the number of workers stripped of their basic labour rights; and (ii) the new conditional yearly employment system in place has created job anxiety and weakens union action. Additionally, the trade unions allege that this new employment system increases risks of anti-union harassment at the workplace, including threats of non-renewal of employment, which makes it more urgent to ensure basic labour rights to local public service employees. The Committee notes the Government’s reply that the change in the conditions relating to basic labour rights for some of these employees is a direct consequence of the legal amendments ensuring proper appointment of special service personnel and temporary appointment employees. The Government asserts that, based on the examination of the autonomous labour–employer relations system pertaining to national public service employees, it will carry out a careful examination of measures for the local public service employees, taking account of opinions from related organizations. The Committee recalls 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 2021 General Survey on the fundamental Conventions, paragraph 168). The Committee observes that the legal amendments that entered into force in April 2020 for local public service employees have the effect of broadening the category of public sector workers whose rights under the Convention are not fully ensured. The Committee therefore urges the Government to expedite its consideration of the autonomous labour–employer relations system so as to guarantee that the rights under the Convention cover local public service employees without distinction and that the right to collective bargaining of municipal unions is not impaired through the introduction of these amendments. It requests the Government to provide detailed information on the measures taken or envisaged in this regard.