Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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

The Committee notes the Government's report.

1. In its previous comments the Committee noted that, according to the Basic Survey on Wage Structure undertaken by the Ministry of Labour in 1987, the difference between the starting salaries for male and female senior high school graduates had been increasing. It requested the Government to supply detailed information on the measures taken or contemplated to promote the application of the principle of equal remuneration in that regard and on the progress made.

The Committee notes the Government's statement that this difference does not necessarily imply a violation of the principle of equal remuneration, since it may be explained by different occupational structures between the two groups. The Committee also notes that the period of implementation of the Basic Policy concerning Measures for the Welfare of Women Workers (promulgated in June 1987) is five years from fiscal 1987 to 1991. The Committee hopes that the ongoing efforts to implement the Act and the gradual implementation of the Basic Policy will by 1991 have resulted in the disappearance of the wage gap between the starting salaries for male and female school graduates. It notes the small decrease indicated in the report, and requests the Government to continue supplying detailed information on the measures taken to that effect and on the results achieved.

In this respect the Committee also notes the launching by the Ministry of Labour in fiscal 1988 of a Voluntary Check-up System on Employment Management for Women Workers. It requests the Government to include information in its next report on the progress achieved in the application of the principle of equal remuneration for men and women workers for work of equal value, by means of the Voluntary Check-up System.

2. In its previous comments, the Committee requested the Government to supply further information on developments in law and practice with regard to separate wage scales existing under collective agreements, and on any influence of the Equal Employment Opportunity Act observed in that regard.

The Committee notes the statement in the Government's report that an occupational classification which distinguishes "main or key" work and "supplementary work" (the establishment of which was noted in the Committee's previous observation) is primarily based on factors such as the content of job, which has no relation to sex, and that, therefore, different wage scales according to such an occupational classification do not run counter to the principle of equal wages for men and women. The Committee also notes that since the Equal Employment Opportunity Act has come into force, in cases where women cannot have access to either of these occupational classifications without valid reasons, the Prefectural Women's and Young Workers' Offices give active administrative guidance, urging employers to comply with the obligation to make efforts as required by the law.

The Committee requests the Government to include in its next report detailed information with regard to the enterprises or economic sectors which have different wage scales for "main or key work" and "supplementary work"; the distribution of occupations over these two wage scales and the methods used for such a distribution, and the percentages of men and women workers in each of the two scales. The Committee also requests the Government to supply information as to what would be valid reasons to deny women access to either of these wage scales. Please also indicate how often Prefectural Women's and Young Workers' Offices have given administrative guidance in this respect, and the results thereof.

3. With regard to the eligibility of women workers for allowances such as family or housing allowances, the Committee notes that discriminatory treatment in respect of such allowances on the ground of sex is in violation of section 4 of the Labour Standards Act. It further notes that different treatment of men and women with regard to fringe benefits is not allowed under the Equal Employment Opportunity Act, and notes the statistical information on the application of fringe benefits annexed to the Government's report.

It requests the Government to supply information on any changes in the granting of fringe benefits to men and women workers as a result of the Voluntary Check-up System on Employment Management for Women Workers launched by the Ministry of Labour in 1988.

4. In its previous comments, the Committee requested the Government to furnish information on any measures taken or under consideration to encourage the introduction of a wage-fixing system based on an objective appraisal of job content, and, referring to paragraphs 19 to 21 and 44 to 70 of its 1986 General Survey on Equal Remuneration, on the manner in which the principle of equal remuneration is applied in practice where men and women perform work of a different nature but of equal value.

The Committee notes from the information supplied by the Government that section 4 of the Labour Standards Act is applied on the basis of a comprehensive judgement from the viewpoint of whether or not a difference in wages between men and women workers is due to a difference in job, efficiency, skill, etc., in concrete terms.

The Committee, observing that the Government has referred on several occasions to the difference in job content as an explanation for the application of different wage scales, requests the Government to furnish further information on the methods used in practice to assess the content and value of jobs, and on the measures taken in pursuance of Articles 3 and 4 of the Convention to encourage the introduction of a system of objective appraisal of jobs on the basis of work to be performed, both in the private and public sectors.

5. The Committee notes from the Government's report that the Equal Employment Opportunity Act does not provide the principle of equal remuneration for men and women workers. However, referring to paragraph 100 of its 1986 General Survey on Equal Remuneration, in which it recalled that equal remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to various levels of employment, the Committee requests the Government to continue to supply information on the progress made in the implementation of the Equal Employment Opportunity Act, in particular as regards the hiring, recruitment, assignment and promotion, and retirement of women workers. The Committee further requests the Government to continue to supply information on the activities of the inspection services responsible for ensuring the application of section 4 of the Labour Standards Act concerning equality of remuneration.