Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Private Employment Agencies Convention, 1997 (No. 181) - Japan (Ratification: 1999)

The Committee notes the information contained in the Government’s first report, which covers the period July 2000 to May 2001. It would appreciate receiving a translation of the relevant provisions of the following texts as most recently amended: Labour Standards Law (No. 49 of 1947); Workmen’s Accident Compensation Insurance Law (No. 50 of 1947); Employment Security Law (No. 141 of 1947) and its Notification (No. 141 of 1994); Worker Dispatching Law (No. 88 of 1985); Guidelines for the Measures to be Taken by the Clients of Worker Dispatching; Guidelines for the Employers of Dispatching Undertakings and Notification of the Ministry of Health, Labour and Welfare (No. 137 of 1999); and the Ministry of Health, Labour and Welfare Establishment Law (No. 97 of 1999). The Committee also requests further information on the following points.

Article 5, paragraph 1, of the Convention. The Committee notes the information provided on prohibition of discrimination once in employment. Please indicate how prohibition against discrimination in access to employment is ensured through the action of private employment agencies, in the absence of legislative provisions on his issue.

Article 5, paragraph 2. Please also indicate if special services or targeted programmes designed to assist the most disadvantaged jobseekers in their job seeking activities have been envisaged or implemented.

Article 7, paragraphs 2 and 3. According to the Government, the current system of collecting fees from applicants in the fields of housekeeping, cooks and waiters is to be maintained as a transitional measure until such time as the general conditions improve. The Committee notes this information and would appreciate being kept informed of future developments concerning placement fees for these categories of workers.

Article 8, paragraph 2. Please indicate, where applicable, the bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 10. The Committee notes the legislative provisions cited in the report setting up various mechanisms for the filing of complaints and investigations by Government agencies concerning the activities of private employment agencies. Please provide information on the number of complaints received, and the nature of the information reported, concerning the activities of private employment agencies as well as whether employers’ and workers’ organizations are involved in the machinery and procedures established for the investigation of such complaints.

Part V of the report form. Please supply extracts from inspection reports and statistics on the number of workers covered by the measures giving effect to the Convention.