Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and those made by the International Organisation of Employers (IOE), transmitted by the Government together with its 2023 report. The Committee also notes the observations made by the Rentai Union Suginami received in September 2022 and the Government’s comments thereon from November 2022.

Article 1 of the Convention. Non-regular workers. In its report, the Government indicates, regarding the reduction of dualism in the labour market, that steps to reduce dualism in the labour market included the introduction of the Act on Improvement of Personnel Management and Conversion of Employment Status for Part-Time Workers and Fixed-term Workers in April 2020. This Act was extended to small and medium-sized enterprises in April 2021 and establishes provisions for administrative advice and guidance, as well as alternative dispute resolution procedures. In the period 2020 to 2022, 96 applications were filed for assistance in resolution of disputes and 59 applications were filed for conciliation procedures under the Act. In April 2020, the Government also amended the Worker Dispatching Act to require equal pay for equal work for dispatched workers. The amendment also established new procedures to resolve disputes regarding equal pay for equal work without going to court. In the period 2020–22, two applications were filed for assistance in resolving disputes and six for mediation procedures under the amended Worker Dispatching Act. The Government also indicates that according to a 2022 Survey on Labour Economy Trend, 63 per cent of responding businesses indicated they were making efforts to ensure fair treatment regardless of employment status, including as regards equal pay for equal work. Some 42 per cent of the respondents indicated that their efforts are related to basic pay and 60 per cent to other allowances. The Government further indicates that, according to the Basic Survey on Wage Structure, the wage gap between employment statuses (regular employees and non-regular employees) among general workers (full-time) is diminishing. According to a 2022 Government survey on dispatch labour, 53.3 per cent of dispatching offices responded that they had increased wages in response to the revised Worker Dispatching Act, which came into effect in April 2020. Furthermore, the Government also refers to the Report on Worker Dispatching Business which reveals that, between 2016 and 2020, 47 per cent of dispatched workers who requested direct employment at a client during that period were actually employed. The Committee requests the Government to continue to monitor the situation on the labour market with a view to reducing dualism and to provide detailed updated information, including statistical data disaggregated by sex, age and type of employment contract, on the nature, implementation and impact of the measures taken in this respect. In addition, taking note of the information provided concerning the functioning of the alternative dispute resolution mechanisms established, including information on the number and types of disputes brought before these mechanisms, the Committee requests the Governments to assess the manner in which these new procedures have been implemented so far from the point of view of offering access to effective, efficient and impartial redress mechanisms and inform the Committee accordingly.

Youth employment. In response to the Committee’s previous comments, the Government provides information on the turnover rates for new graduates who completed their education in March 2019, with a focus on university and high school graduates. The turnover rate within three years of employment for university graduates was 31.5 per cent, a slight increase of 0.3 points from the previous year, while high school graduates experienced a rate of 35.9 per cent, a decrease of 1 point. To address employment challenges, there are specialized support centers called “Hello Work for New Graduates” that offer detailed assistance, including consultations on career design and guidance for job-hunting activities. Each user is assigned an employment support navigator for personalized assistance, and on-site consultations are conducted in collaboration with universities. In the fiscal year 2021, 163,165 people secured regular employment through the services provided by “Hello Work for New Graduates.” Additionally, support centers for jobseekers under 35 years of age, known as “Hello Work for Youth,” aim to facilitate a smooth transition to stable employment. Services offered include individual consultations, seminars for securing regular employment, encouragement for vocational training, and support for job retention. In the fiscal year 2021, 108,235 people secured regular employment through the services by “Hello Work for Youth.” The Government also indicates that to further promote youth employment and create an environment conducive to utilizing their capabilities, the “Act on the Promotion of Employment for Young People” has been enacted and incorporates measures such as creating a system to provide workplace information for young people to choose suitable jobs and establishing a certification system for small and medium-sized enterprises with exemplary employment management for young people. The Committee requests the Government to continue providing detailed updated information, including statistical information disaggregated by age, sex and type of employment contract, on the content and the impact of the measures taken to ensure full, productive, freely chosen and lasting employment for young persons.

Persons with disabilities. In reply to the Committee’s previous comments on employment of persons with disabilities, the Government’s report refers to the employment policies and systems aimed at promoting the inclusion of persons with disabilities in the workforce. Two main pillars, the employment rate system and the payment system, are utilized to encourage enterprises to hire individuals with disabilities. The Employment Rate System and Payment System mandates enterprises to employ a certain percentage of persons with disabilities in their workforce. Enterprises with 100 or more regularly employed workers that do not meet the specified employment rate are subject to a payment system. The payment system collects payments from non-compliant enterprises and provides adjustment payments to those that have achieved the required employment rate. These systems aim to alleviate the economic burden associated with employing persons with disabilities and promote their inclusion in the workforce. The current legal requirement for the employment rate of persons with disabilities is 2.3 per cent for private enterprises and 2.6 per cent for national and local governments. There are plans to gradually increase these rates by 0.2 per cent each in April 2024 and July 2026. Additionally, the exclusion rate, which allows certain categories of employees to be excluded from the calculation, will be reduced by 10 points in April 2025. Finally, in 2022, the Act to Facilitate the Employment of Persons with Disabilities was revised to enhance the quality of employment and support diverse employment needs. Employers are henceforth explicitly responsible for taking measures to develop and improve the vocational abilities of persons with disabilities. Persons with severe disabilities and those with mental disabilities working 10 to 20 hours per week are included in the actual employment rate calculation. The revisions strengthen measures to subsidize enterprises’ efforts, particularly in areas such as workplace retention. The Committee takes due note of the above and refers to its comments it formulates on the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The Committee requests the Government to continue to provide updated detailed information on the impact of the measures referred to above to promote the employment of workers with disabilities on the open labour market, as well as on the application of the statutory employment quota for persons with disabilities in both the public and private sectors. The Government is also requested to supply the results of studies and assessments carried out with a view to monitor the situation of employment of persons with disabilities and make recommendations accordingly.

COVID-19 pandemic. Socio-economic impacts. Response and recovery measures. The Committee notes the information provided by the Government’s report as regards the responses to the COVID-19 pandemic and to its socio-economic impacts, highlighting several key elements related to the expansion of special measures for employment adjustment subsidies (approximately 6.3 trillion yen has been disbursed in around 7.8 million cases, as of 24 February 2023) and the establishment of new support programs in response to the COVID-19 pandemic (benefits were newly established for shift workers of both small and medium-sized enterprises and large enterprises for absences from work for the period 1 April 2020 to 31 March 2023). Furthermore, a new subsidy programme was established to support employers who temporarily reduce business activities providing subsidies for worker wages, education/training expenses during the secondment period, and initial secondment expenses (since 2021, the program has registered 17,854 planned secondments as of 17 February 2023). The Committee asks the Government to continue providing information as regards the impact of the pandemic on employment in the country as well as on the practical impact of measures taken in this respect and will henceforth mainstream its examination of these measures under the relevant provisions of the Convention.