Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

1. Article 3 of the Convention. Participation of social partners in the formulation of policies. The Committee takes note of the information provided in the Government’s report received in November 2007, including its replies to matters raised in the Committee’s 2005 direct request. The Committee also takes note of the comments provided by the Japanese Trade Union Confederation (JTUC-RENGO), attached to the Government’s report. The Committee notes the comments provided by JTUC-RENGO in which it states that councils which do not incorporate labour representatives, such as the Council on Economic and Fiscal Policy and the Council for the Promotion of Regulatory Reform, recommend concrete policies on employment and labour and enjoy decision‑making power in respect of the fundamental direction of such policies. JTUC-RENGO expresses its concern that policy-making based on consultations with representatives of workers and employers are becoming insubstantial. The government reports that consultations on employment measures were carried out with social partners. Specific issues relating to the formulation, amendment and execution of laws relating to employment measures were deliberated on by the Subcommittee on Human Resources Development and Employment Security of the Council on Labour Policy, which is composed of representatives of Government, employers and workers, while consultations with representatives of labour–management parties that are impacted by the implementation of employment measures were under way. The Government also reports that discussions and opinions expressed in the deliberation councils are taken into account when designing and planning employment measures. The Committee hopes that the Government’s next report will contain detailed information, including examples, on the manner in which social partners are consulted concerning employment policies, and the means by which their experience and views are fully taken into account in formulating such policies.

2. Articles 1 and 2. Implementation of an active employment policy. The Committee notes from the Government’s report a decline in the unemployment rate, which fell from 4.4 per cent in 2005 to 4.1 per cent in 2006, and stood at 3.8 per cent in April 2007. The Government reports that the appropriate handling of the “Year 2007 Problem”, namely the onset of the transition of the baby boomer generation from working life to retirement, and the need to improve the practical vocational capabilities of youth to support the future economic society, were urgent issues which needed to be addressed in order to maintain and improve the Japanese socio-economic outlook in light of its slowing rate of population growth. In addition, the Government reports that the unemployment rate of workers above 55 years of age fell from 3.5 per cent in 2005 to 3.4 per cent in 2006, and stood at 3.2 per cent in April 2007. The Committee notes that, further to the Law concerning Stabilization of Employment of Older Persons, job security measures for older persons were being put in place since 2006 to secure steady employment of persons up to 65 years of age in various companies. The Government also reports that steps were being taken to raise awareness and exchange information on the experiences of businesses whose employees may work until the age of 70. The Committee would welcome receiving more detailed information on the measures implemented as part of an active policy intended to promote full, productive and freely chosen employment, and the means by which these have addressed the employment situation caused by an ageing workforce and a slowing rate of population growth. The Government is also requested to indicate the manner in which employment objectives are taken into account in the adoption of measures in monetary, budgetary and taxation policy, and price, income and wage policy.

3. Employment of women. The Government reports that the rate of unemployment for women has also been in decline, falling from 4.2 per cent in 2005 to 3.9 per cent in 2006, standing at 3.6 per cent in 2007. The Committee notes from the OECD Employment Outlook 2008 that there has been a slight increase in the employment rates for women to 58.8 per cent in 2006 which, however, is significantly lower than the male rate of 81 per cent. The Committee further notes that measures have been taken to reintegrate women into the labour force after a significant period outside employment. In this respect, the Government, amongst other measures to improve the participation of women in the labour market, revised the Equal Employment Opportunity Law in June 2006 to entail: (i) a prohibition of discrimination against both men and women, and an expansion of the scope for prohibiting sexual discrimination, including indirect forms of discrimination; (ii) a prohibition of disadvantageous treatment based on reasons such as pregnancy and childbirth; and (iii) a reinforcement of obligations made by employers in relation to sexual harassment. The Committee notes that the Government has sought to implement measures to increase employment of women and child-rearing women. To this end, the Government reports that, since 2006, 12 Mothers Hellowork offices were established throughout the country and, as at April 2007, steps were being taken to establish “Mother Salons” in major public employment security offices, to provide comprehensive employment support for women who are raising children, but who wish to return to the labour market. The Government also reports that a Positive Action Promotion Council was set up at the central government level and, from 2002 to 2006, at each Prefectural Labour Office level, it has sought to support companies experiencing a significant disparity between female and male workers, and to encourage the adoption of a positive approach through, for example, the expansion of job categories for women, and the promotion of women to managerial posts. The Committee invites the Government to continue to provide such information on initiatives taken to promote increased participation of women in the labour market. Please also provide further information, including statistics, on the effect such initiatives have had on dismantling the gender-based career tracking system to endure that there is freedom of choice of employment and that each worker shall have the fullest possible opportunity to qualify for and use his or her skills, in the conditions set out in Article 1, paragraph 2(c), of the Convention.

4. Youth employment. The Government recalls that the unemployment rate of persons between 15 and 24 years of age was 8.7 per cent in 2005 and 8.0 per cent in 2006, and stood at 7.5 per cent in April 2007. In order to address the employment situation of young persons, such as the large number of job-hopping part-timers, problems relating to delays in the improvement of local employment situations, and declining population levels, amendment bills to the Employment Measures Law and the Law concerning the Promotion of Local Employment Development to: (i) clarify the employment realization of all people who have the desire to work; (ii) expand opportunities for youth; (iii) create an obligation to prohibit age restrictions for recruitment; and (iv) place a focus on support towards regions with particularly severe employment situations, were presented to the 166th ordinary Diet session in 2007. The Government also reports that, in June 2006, amendments were made to the Law concerning the Promotion of Improvement of Employment Management in Small and Medium-sized Enterprises for Securing Manpower and Creating Quality Jobs and, as at October 2006, a support system for small and medium-sized enterprises was established which seeks to improve employment management systems which contribute to the creation of favourable employment opportunities for youth through promoting the development and improvement of their practical vocational capabilities. The Government is requested to indicate in its next report information on the results of such initiatives designed to promote the employment opportunities for young persons and to address their practical vocational capabilities, and the impact they have had on the employment situation of young persons. In this connection, the Committee recalls the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), which provides that Members should consider specific measures and incentives for persons aspiring to become entrepreneurs (Paragraph 16(4) of Recommendation No. 189).