Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the information provided by the Government in its latest report.

Promotion of collective bargaining

1. Negotiation rights of public employees. In its previous comments, the Committee recalled that the capacity of public employees who were not engaged in the administration of the State to participate in the process of the determination of their wages was substantially limited. It requested the Government to indicate the measures which could be envisaged to encourage and promote the full development and utilization of machinery for voluntary negotiation for such employees.

In its latest report, the Government reiterates its previous statements concerning the steps taken by the National Personnel Authority and the Personnel Commission to hear the views of the employees' organizations before making its recommendations. It also adds that meetings are often held between the Government and workers' organizations prior to the Government's submitting the bill, based upon the recommendations of the National Personnel Authority, to amend the Law concerning Compensation of Employees in Regular Service.

As it appears from the information provided in the Government's report that no measures have been taken to encourage voluntary negotiation with respect to public employees who are not engaged in the administration of the State, the Committee would once again ask the Government to consider the measures which could be taken or contemplated in this regard and to indicate in its next report any progress made in promoting collective bargaining for these workers.

2. Exclusion of certain matters from negotiation in state enterprises. Referring to the Japanese Trade Union Confederation's (RENGO) previous comments, the Committee requested the Government to provide precise information on the matters pertaining to management and operations which are excluded from negotiation or consultation. In its latest report, the Government states that, under section 8 of the National Enterprise Labour Relations Law, all matters relating to working conditions shall be subjects for collective bargaining, including those relating to management and operations and, in practice, each national enterprise has made consultations with their employees as necessary.

The Committee notes, however, that section 8 reads as follows: "... the following matters relating to employees shall be subject to collective bargaining and may be provided for in a collective agreement; provided, however, that matters pertaining to the management and operation of the national enterprises shall be excluded from collective bargaining". It requests both the Government to provide specific information on the types of issues which might be thus excluded from collective bargaining and on the manner in which this proviso is applied in practice. The Committee would also ask RENGO to indicate the precise manner in which they consider this section violates Article 4 of the Convention as concerns the voluntary negotiation of terms and conditions of employment.