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

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

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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.

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

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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, the Apaken Kobe (Casual/Temporary/Part-time Non-regular Workers’ Union), the Rentai Workers’ Union (Itabashi-ku Section) and the Union Rakuda (Kyoto Municipality Related Workers’ Independent Union) received in September 2022 and the Government’s comments thereon from November 2022.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. The Committee notes that in response to its previous observations, the Government provides an overview of various employment measures and initiatives undertaken across different sectors, including in the areas of skill development, work–life balance, support for specific groups such as women, youth, the elderly, and persons with disabilities, and the integration of foreign human resources. The Government emphasizes the need for collaboration between the public and private sectors to enhance labour productivity, upgrade workers’ skills, and promote social participation. More particularly, the report informs that the Japan Revitalization Strategy has been succeeded by the “Grand Design and Action Plan for a New Form of Capitalism”, approved by the Cabinet on June 7, 2022. The new plan emphasizes the strengthening of investment in human capital, recognizing the importance of people in the context of major changes like digital transformation and energy transformation. A 400 billion Japanese yen package of measures over three years will be implemented to support skill development, re-employment, and advancement for workers, including non-regular employees. Initiatives from the “Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan” are being implemented to encourage active participation in society for women, youth, the elderly, and people with disabilities. Efforts for women include mandatory action plans, disclosure of information, certification of excellency for employers, and support for work–life balance, with subsidies provided to SME employers. The Government further indicates that youth employment initiatives continue under the Act on the Promotion of Employment for Young People and that support for the elderly includes lifelong participation support counters, Silver Human Resource Centers, and the “Lifelong Participation Community Development Environmental Improvement Project.” Moreover, the “Basic Principle for Labour Policies” emphasizes the reform of work styles and outlines the significance of preparing an environment for accepting foreign human resources. In this respect, the “Guidelines for Employment Management of Foreign Nationals” guide the Labour Bureaus and Hello Work in conducting seminars for employers employing foreign nationals, aiming to improve employment management. The Government also mentions the existence of procedures for determining and reviewing employment measures, including amendments to labour laws, and involve inquiries and reporting by the Labour Policy Council, which has a tripartite composition and includes representatives of the public sector, labour, and management. Referring to the specific comments it is also formulating in respect of the specific occupational groups referred to above, the Committee takes due note of this information and requests the Government to provide detailed updated information on the impact of these measures on the employment situation in the country. It also requests the Government to continue to provide updated detailed information, including statistics on employment trends, disaggregated by age, sex and economic sector, as well as data on labour productivity and the share of disposable income held by the poorest sections of the population. The Committee also again reiterates its request to the Government to provide detailed updated information on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy.

Employment of women. With reference to its previous comments in relation to women’s employment, the Committee notes the information provided by the Government in its report in respect of: (i) the revision of the Act on Promotion of Female Participation and Career Advancement in the Workplace to require employers with more than 100 regularly employed workers to assess the status of and analyse issues related to women’s active participation in their enterprises; and also require employers to develop an action plan including numerical targets to promote women’s participation; (ii) the revision of the Child Care and Family Care Leave Act to establish a flexible childcare leave framework for men and require employers to create a workplace environment that makes it easier for them to take childcare leave; (iii) raising awareness of labour laws by preparing comic-style learning materials on labour laws and distributing them to schools and universities; the Government also dispatches officials from the Labour Bureau to schools to give lectures on labour-related laws and regulations; (iv) the provision of guidance on career-tracking systems – the Government refers to the guidelines on important considerations for employers which provide examples of cases that immediately conflict with the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment, as well as examples of matters that should be considered for more appropriate and smooth operation of the systems; and (v) the enforcement of the law – strict measures being taken against employers who use career-tracking systems for de facto gender-segregated employment management. Pursuant to the report, these steps have led to some progress in promoting gender equality in the workplace. For example, the employment rate of women in Japan has increased from 51.3 per cent in 2018 to 53.0 per cent in 2022. However, more work needs to be done, with the percentage of women in management positions still at a relatively low level. The Government indicates it is committed to continue taking steps to promote gender equality in the workplace.

The Committee notes that, pursuant to the observations made by JTUC-RENGO, while 53.4 per cent of employed women work in non-regular forms of work, this is the case for only 22.2 per cent of employed men – less than half of the rate of women for the same category. The assessment of women’s active engagement should not rely solely on increased employment numbers but also consider the quality of their employment. Japan’s low ranking of 125th out of 146 nations in the Gender Gap Index (GGI) is attributed to delayed gender equality efforts in politics and economics. The Government’s “Priority Policy for Women’s Active Engagement and Gender Equality 2023” targets a 30 per cent ratio of women in prime listed companies by 2030, but urgent issues persist, particularly for non-regular female workers. Deeply rooted gender roles contribute to many women working as non-regular employees, with men’s limited involvement in housework and childcare exacerbating the issue. Efforts to disclose information through the Act on Promotion of Women’s Engagement are deemed insufficient by JTUC-RENGO, emphasizing the need for comprehensive analysis and corrective measures. Despite the 2023 revision of the Childcare and Family Leave Act, men’s parental leave rates remain low, requiring the government to incentivize and foster a culture valuing work–life balance during childcare. While recognizing the Government’s steps against gender discrimination in career-tracking, JTUC-RENGO calls for more to ensure employer compliance and investigation into potential covert use of diverse regular employee systems to circumvent the Equal Employment Opportunity Act.

Taking into account the above information, the Committee considers that, in the context of a labour market impacted by a diminishing and ageing population, increasing the employment of women by reducing disincentives to work in the tax and social security system and by further expanding childcare and breaking down labour market dualism, would result in positive employment outcomes and would also help lower income inequality and boost productivity by potentially also encouraging firm-based training. The Committee therefore requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and type of employment contract, on all measures taken or envisaged to promote women’s access to decent and lasting employment, including in managerial and decision-making positions, and prevent gender-based discrimination. Taking into account the observations formulated by the JTUC-RENGO, the Committee requests the Government to continue providing information on measures aimed at promoting equitable sharing of family responsibilities that enable both women and men to exercise their right to better reconcile their professional and family responsibilities and ensure equality of opportunity and treatment in workplaces on the basis of both sex and family responsibilities. It also requests the Government to continue providing information on the restrictions related to the gender-based career-tracking system to ensure that women and men enjoy freedom of choice in employment and occupation, as contemplated in Article 1(2)(c) of the Convention.

Older workers. In reply to the Committee’s previous requests, the Government outlines initiatives addressing the challenges and opportunities linked to increasing life expectancy, with the goal of establishing a lifelong active society allowing elderly individuals desiring to work to continue doing so regardless of age. Measures include actions to ensure stable employment, such as the Act on Stabilization of Employment of Elderly Persons, requiring enterprises to secure employment until age 65 and granting subsidies to those extending employment for workers aged 66 or older. Recognizing that needs are diverse, the Government encourages, on a non-binding basis, enterprises to adopt measures for work until age 70. As of June 2022, almost all enterprises with 21 or more employees have implemented such measures. The Government plans ongoing guidance for smaller enterprises. Support for Re-Employment includes increasing lifelong participation support counters, a career agency project for retirees, and subsidies for enterprises hiring middle-aged and elderly workers. Diversified local employment opportunities are promoted through the “Lifelong Participation Community Development Environmental Improvement Project” and Silver Human Resource Centers. The Committee takes due note of the above measures and wishes to stress that promoting the labour force participation of older workers is of utmost important and requires a multifaceted strategy that addresses demographic challenges, enhances economic productivity, ensures the sustainability of social security systems, and fosters the well-being of individuals and society as a whole. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures taken to promote productive employment of older workers, indicating in particular: (i) assessments of how older workers’ workforce participation can contribute to sustained economic growth and of what is the impact of continued employment of older workers on the entry in the labour market of women and young persons; (ii) how measures taken to promote labour force participation of older workers have contributed to addressing the demographic challenges and imbalances and mitigate the economic impact of a shrinking labour force; (iii) the expected effects of the continued participation of older workers to the labour force on overall economic productivity and social security sustainability, taking into account that Japan assumes obligations under Part V of the Social Security (Minimum Standards) Convention, 1952 (No. 102); (iv) whether encouraging continued employment is accompanied in any way by a reduction in retirement options or incentives for older workers; and (v) whether and how older workers’ workforce participation has helped address skilled labour shortages and maintain the competitiveness of certain industries but also contributed to knowledge transfer to younger generations and active ageing fostering a sense of purpose and social connection, reducing the risk of social isolation.

Article 3. Consultations. In reply to the Committee’s previous comments, the Government reiterates that important matters relating to the enactment, revision and enforcement of laws and regulations on employment policies are deliberated at the Labour Policy Council. This council, operating under the tripartite principle with representatives from the public interest, workers, and employers, serves as a platform for deliberations. Meanwhile, the Government has had consultations with the representatives of employers and employees affected by employment policies. Discussions held and opinions submitted at related councils are reflected in the designing and planning of employment policies. Since June 2016, the Labour Policy Council has held approximately 850 sessions (including Subcommittees and Working Groups) to discuss reviews of the Employment Security Act and the Vocational Abilities Development Promotion Act. As to the manner in which representatives of those affected by the measures concerned are consulted, the Government refers to the example of how employment policies taking into account the needs of persons with disabilities are developed, stating that tripartite participants, together with representatives of persons with disabilities broadly express their opinions at the Subcommittee for the Employment of Persons with Disabilities under the jurisdiction of the Labour Policy Council. In its observations received with the 2023 Government report, the JTUC-RENGO, referring to the “Grand Design and Action Plan for a New Form of Capitalism”, considers that it is important that matters pertaining to employment and labour, which are of significant importance, undergo thorough discussions within the Labour Policy Council which operates under the tripartite principle involving the government, workers, and employers, and the outcomes of these discussions should be incorporated into government policies. The translation of these discussions into concrete policies and measures is forthcoming, and it is therefore imperative that these decisions are made through careful deliberations. In this respect, it is essential to consider the perspectives of workers and employers, who possess a deep understanding of workplace dynamics, in the Labour Policy Council. The Committee requests the Government to continue to provide information on the activities of the tripartite Labour Policy Council with respect to the development, implementation and review of employment policy measures and programmes, and the manner in which they are coordinated with other economic and social policies.

Moreover, the Committee also notes that in their observations from September 2022, the Rentai Union Suginami, the Apaken Kobe (Casual/Temporary/Part-time Non-regular Workers’ Union), the Rentai Workers’ Union (Itabashi-ku Section) and the Union Rakuda (Kyoto Municipality Related Workers’ Independent Union) refer to serious issues arising from the 2017 revision of the Local Public Service Act. The trade unions assert that the principle of tripartite consultation in the revision of labour laws, specifically for the Public Service Act, has been neglected. This lack of consultation contradicts the process observed for the revision of general labour laws. The unions assert that this situation goes against the purpose of Article 3 of the Convention. This revision has not only impacted basic labour rights but has also impacted employment policy in the public sector by creating a new category of public employees with renewable contracts of up to one year. This category now constitutes 30 per cent of the local government workforce, 76.6 per cent of which are women. According to the unions-, a main concern relates to the annual renewal of these contracts, leading to arbitrary personnel evaluations and terminations for reasons such as maternity, childcare, sickness, union activities, or expressing concerns to the administration. In its response to these observations, the Government considers them to be factually incorrect and indicates that the Local Public Service Act does not establish the principle of life term employment and that the establishment of the non-permanent employee’s system is intended to optimize the appointment and treatment of temporary and part-time staff. Non-permanent staff appointed for a fiscal year can be reappointed to a position with the same job duty after their term ends, indicating a new appointment to a different position without extending the term or guaranteeing reappointment to the same position. Finally, the Government stresses that the introduction of the non-permanent staff system was intended to encourage the appointment and treatment of temporary and part-time staff. In addition, before adopting this reform, the Government organized a study group which included experts, as well as the Japanese Trade Union Confederation (RENGO), the Japan Business Federation (Keidanren), and local governments. The study group held hearings, both with representatives of workers and of employers, to discuss the best way to appoint non-permanent staff. The Committee notes this information and requests the Government to indicate whether, after 5 years of implementing this new system, it is intended to carry out an assessment with a view to identifying potential insufficiencies and improving employment policy in the public sector, in consultation with the social partners, and all other interested parties, in line with Articles 2 and 3 of the Convention which require that measures taken to achieve the objectives of the Convention be kept under review and that representatives of the persons affected be consulted with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC-RENGO), transmitted by the Government together with its report. The Committee also notes the observations of the Japan Business Federation (NIPPON KEIDANREN), transmitted by the Government together with its report and supported by the International Organisation of Employers (IOE). It further notes the Government’s reply to the observations of the Japan Postal Industry Workers’ Union (YUSANRO) of 2016.

Article 1 of the Convention. Non-regular workers. In reply to its previous comments, the Committee notes the information provided by the Government with regard to the impact of the measures taken to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act, both of which came into force in 2015. The Government reports that, according to the Survey of Part-time Workers conducted in 2016, out of the 39.4 per cent of businesses that took measures to apply the revised Act on Part-Time Employment, 30.7 per cent had reviewed the working conditions of their workers with the aim of ensuring balanced or equal treatment between their regular and part-time workers. The Government adds that the Report on Worker Dispatching Business for 2016 reveals that 45.3 per cent of dispatched workers were employed as regular workers after making a request to be hired. In its observations, NIPPON KEIDANREN expresses its support to the revised Work Dispatch Act, stressing the need for its continued application in order to reduce dualism in the labour market. Furthermore, the Government indicates that, in June 2018, following the adoption of the Work Style Reform Act, amendments were introduced to the legislative framework, including to the Working Hours Arrangement Improvement Act, to eliminate unequal treatment between regular and non-regular workers (part-time, fixed-term and dispatched workers). These amendments will enter into force in April 2020 for dispatched workers and in April 2021 for workers engaged under part-time and fixed-term contracts. The Committee notes the Government’s indication that the amendments seek to eliminate differences in terms and conditions of employment, such as in relation to salaries, bonuses and allowances, as well as to enhance the accountability of employers for the treatment accorded to workers. The amendments also provide guidance concerning the implementation of the Act and establish alternative dispute resolution mechanisms. The Committee requests the Government to continue 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 to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act. In addition, the Committee requests the Government to communicate information concerning the establishment and functioning of the alternative dispute resolution mechanisms established, including information on the number and types of disputes brought before these mechanisms and their outcomes.

Employment of women. The Committee notes that, according to the 2019 OECD Economic Survey on Japan, the employment rate of women increased from 60.7 per cent in 2012 to 69.6 in 2018. Nevertheless, according to the 2019 OECD Survey, the majority of working women (two-thirds) are in non-regular jobs, which pay less. Moreover, the Committee notes the presence of vertical segregation in that the share of management positions held by women in the public and private sectors is one of the lowest among the OECD member countries. This in turn contributes to a 25 per cent gender wage gap, the third highest among the OECD member countries. The Committee takes note of the adoption of Act No. 24 of 2019, which amended the Act on Promotion of Women’s Participation to increase its scope of application to companies with 101 or more full-time employees (previously limited to companies with 301 or more full-time employees). In this context, the Committee notes the information provided by the Government concerning measures taken to promote the employment of women. The Government reports that 99.3 per cent of companies with more than 301 full employees and 5,681 general employers with 300 or less full-time employees have developed action plans to implement the Act on the Promotion of Women’s Participation, by providing for publication of data concerning the level of participation of female workers in the enterprise and for measures to support women with family responsibilities, such as reducing the waiting list to access childcare services. The Government reports that the employment rate among women with family responsibilities has increased by 8.8 per cent over the past six years. The Committee recalls its 2017 comments in relation to the Workers with Family Responsibilities Convention, 1981 (No. 156), in which it recalled that the Convention and its Recommendation (No. 165) place the matter of equality of opportunity for workers with family responsibilities within the wider framework of measures to promote equality between the sexes (1993 General Survey on workers with family responsibilities, paragraph 58). In this regard, the Committee noted in its 2017 comments the efforts being made to encourage male employees to take child care leave and to participate more in child rearing, and urged the Government to undertake education and awareness raising activities directed at employers, workers and the public at large that address existing attitudes based on gender stereotypes of traditional gender roles of men and women within the context of promoting the achievement of equal employment opportunity between men and women. The Committee further notes the Government’s indication that the share of women in managerial positions in private enterprises increased from 8.7 per cent in 2015 to 9.9 per cent in 2018, and that the gender pay gap has been narrowing steadily. The Committee notes that, in its observations, JTUC-RENGO indicates that, despite the increase in the rate of employment among women, the majority of women are in fact working under casual, part-time, or non-regular contracts. JTUC-RENGO points out that, while 7.1 per cent of workers working full-time for low wages are men, the percentage of women in this situation is three times higher (22.1 per cent). JTUC-RENGO adds that the criteria established for the career advancement of women remains arbitrary and undefined. In this regard, JTUC-RENGO calls for a further revision of the Act on the Promotion of Women’s Participation. With respect to the gender-based career-tracking system, the Government indicates that strict measures are being taken to prevent the system from being used to establish different working conditions and opportunities for male and female workers, which would constitute a violation of section 6 of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and type of employment contract, on the implementation and impact of the revised Act to Promote Women’s Participation and Advancement in the Workplace, as well as of other measures taken or envisaged to promote women’s access to decent jobs and lasting employment, including in managerial and decision-making positions. The Committee requests the Government to provide updated detailed information on the nature, extent and impact of educational and awareness raising measures to promote equitable sharing of family responsibilities that enable both women and men to exercise their right to better reconcile their professional and family responsibilities and ensure equality of opportunity and treatment in workplaces on the basis of both sex and family responsibilities. It also requests the Government to provide more detailed information on the measures taken for the strict implementation of section 6 of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment to restrict the use of the gender-based career-tracking system to ensure that women and men enjoy freedom of choice in employment and occupation, as contemplated in Article 1(2)(c) of the Convention.

Youth employment. In reply to its previous comments, the Committee notes the information provided by the Government regarding the impact of the measures adopted to promote employment for young persons. The Government indicates that, in 2018, 187,845 young graduates were employed as regular workers through the programme “Hello Work for New Graduates”, which provides individually tailored counselling and guidance services to new graduates in cooperation with universities and other educational institutions. The Government also refers to the implementation of the “Hello Work for Youth”, which provides various types of support activities to jobseekers and workers from the “employment ice age” generation who are engaged under precarious employment contracts (this term refers to persons that graduated between 1993 to 2004, a period characterized by an extreme slump in employment opportunities, during which young people graduating from high school or university were often unable to access the labour market). The Government reports that, in 2017, 28,403 persons were employed as regular workers through the “Hello Work for Youth” programme. In addition, the Government refers to the introduction in 2017 of a subsidy system for employers hiring workers from the “employment ice age” generation who have been working on precarious employment contracts for a specified period of time. The Government also reports that it has launched a three-year intensive programme to promote the regular employment of this category of young persons. The programme provides vocational training, career counselling and job placement services through the “Hello Work” offices, in addition to education programmes: on the job-training in the private sector: the “finish-to-start” programme (integrated courses combining qualification acquisition in a short-time and on-the-job training); and “ready-to-go” programme (human talent development courses focused on industries characterized by labour shortages or specific local needs). Subsidies are provided to programme participants in vocational and on-the-job training. The Committee notes, however, that the Government does not provide information on the nature, content or impact of the initiatives mentioned. The Committee requests the Government to provide 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, including on the implementation of the Act for Partial Revision of the Youth Labour Welfare Act, the Hello Work for New Graduates programme, and the Hello Work for Youth programme.

Older workers. The Committee notes the information provided by the Government concerning the impact of measures taken to promote productive employment of older workers. The Government indicates that 99.8 per cent of enterprises with 31 or more workers implemented employment security measures for older workers as of June 2018. The Government adds that guidance will be provided to companies with 30 or less workers to assist them in implementing these measures. In addition, subsidies have been granted to enterprises hiring persons aged 65 or over, extending their employment, or taking measures to ensure that they have adequate working conditions. The Government adds that the revised Employment Insurance Act, which entered into force in January 2017, ensures that persons aged 65 or over are eligible for employment insurance. In 2019, the number of “lifelong participation counters” promoting the continued employment of older workers increased from 180 to 240. Moreover, in the framework of the revised Act on Stabilization of Employment of Elderly Persons, the number of local “lifetime participation promotion areas” promoting diversified employment opportunities for older persons also increased from 44 to 74 areas. The Government indicates that the working hours requirements applicable to the Silver Human Resources Centres (SHRCs) have been relaxed. The SHRCs provide job opportunities for retired citizens in the industries established in each city, town and village by Prefectural Governors. In its observations, NIPPON KEIDANREN expresses the view that job placement services for older workers should be developed. In this regard, the Government refers to the implementation of a career human resources agency project for older workers who are expected to retire, which provides job placement services to older workers. NIPPON KEIDANREN observes that the employment programmes implemented should respect the measures adopted by employers and workers to support the employment of older workers and to increase their employment opportunities. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures taken to promote productive employment of older workers, including further information with respect to the implementation of such measures in enterprises with less than 30 workers.

Persons with disabilities. The Government indicates that, in the framework of the “Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan”, consistent support measures have been provided to persons with disabilities to promote their active participation in the labour market. In its observations, the JTUC-RENGO alleges claims that several prefectural governments and central government ministries incorrectly reported the number of workers with disabilities in order to comply with the statutory employment quota. JTUC-RENGO points out that, as of 1 June 2017, 2.5 per cent of persons with disabilities were reported to be working in the central government ministries compared to 2.4 per cent in the prefectural governments. JTUC-RENGO observes that after new surveys were conducted, these figures were corrected to reflect that in fact 1.17 per cent of persons with disabilities were working for central government ministries and 2.16 per cent for prefectural governments. With regard to companies in the private sector, JTUC-RENGO indicates that, as of 1 June 2018, more than half of private sector companies had failed to comply with the statutory employment quota of 2 per cent employment of persons with disabilities. In addition, JTUC-RENGO points out that, while the "exception rate system" (which provided that employers were not under an obligation to employ persons with disabilities in certain positions deemed to be of a certain complexity) was eliminated in 2004, it still exists as a transitional measure. JTUC-RENGO adds that the “exception rates figures” have not been reviewed since 2010 and calls on the Government to take the necessary measures to effectively abolish the system. The Committee requests the Government to continue to provide updated detailed information on measures 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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year (see section concerning the COVID-19 pandemic), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO), transmitted by the Government together with its report. The Committee also notes the observations of the Japan Business Federation (NIPPON KEIDANREN), transmitted by the Government together with its report and supported by the International Organisation of Employers (IOE). It further notes the Government’s reply to the observations of the Japan Postal Industry Workers’ Union (YUSANRO) of 2016.

COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at the national and local levels, as well as the measures taken by the Government to mitigate it. The Committee notes that a Declaration of a State of Emergency was issued on 7 April 2020, which was subsequently lifted in all prefectures on 25 May 2020. Several emergency response packages, representing over 20 per cent of Japan’s gross domestic product (GDP), have been adopted to address the COVID-19 pandemic, protect the public and move towards economic recovery. In this framework, the Committee notes the information provided by the Government in its supplementary report concerning the broad range of measures adopted by the Government to protect employment and livelihoods. The Government refers to, among other measures: expanding special measures on the Employment Adjustment Subsidies until December 2020; launching a fund to support workers who are forced to leave work due to the impact of COVID-19 and are not able to receive allowances during this period; and providing assistance to businesses to ensure business continuity (such as cash payments to Small and Medium Enterprises (SMEs)) and financial subsidies to workers affected by school closures. The Committee notes that in its observations, JTUC–RENGO highlights that, taking into account the negative prospects concerning the impact of the pandemic, the expansion of the Employment Adjustment Subsidies should be implemented until at least March 2021. JTUC–RENGO points out that additional measures should be taken to encourage employers to retain workers. Recalling the comprehensive guidance provided by international labour standards, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impacts of the global COVID-19 pandemic and the measures taken, in consultation with the social partners, to address these impacts when implementing the programmes and measures aimed at ensuring the objectives of the Convention and the outcomes of these programmes and measures.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. The Committee notes the Government’s report received in August 2019, which includes detailed information in reply to its 2017 Observation. The Committee notes that the Government refers to the implementation of measures contemplated under the “Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan” and its accompanying comprehensive strategy which provides measures for the inclusion of persons with disabilities in the labour market. Furthermore, the Committee notes the adoption in 2018 of the “Act on the comprehensive promotion of labour policies” and the order for enforcement of such Act with a view to promoting a work-style reform allowing workers to choose different work styles depending on their personal circumstances. In December 2018, the Government also adopted the “Basic Guidelines for Labour Policies” which highlight the importance of effective utilization of workers’ capabilities. The Government also indicates that, since 2018, the “counter for securing human resources” is the main public employment office providing job placement services, especially in those sectors facing serious labour shortages, such as social welfare, construction, security and transportation. In this respect, the Committee notes the statistical information, compiled from the Labour Force Survey of the Statistics Bureau and provided by the Government, regarding employment trends for the period 2016–2018. The data provided indicates that labour force participation has increased despite declines in the working age population. The Committee requests the Government to provide detailed updated information on the impact of the employment measures adopted, including the measures implemented under the Japan Revitalization Strategy, the Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan and the Basic Guidelines for Labour Policies. It also requests the Government to continue to provide updated detailed information, including statistics on employment trends, disaggregated by age, sex and economic sector. The Committee also reiterates its request to the Government to provide detailed updated information on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy.

Article 3. Participation of the social partners. In reply to the Committee’s previous comments, the Government reiterates that the tripartite Labour Policy Council has deliberated on important matters concerning the enactment, amendment and enforcement of employment legislation and its opinions were taken into account in the planning and designing of employment policies. In its observations, NIPPON KEIDANREN indicates that it participated constructively in the formulation of the Basic Guidelines. The Committee welcomes the Government’s indication that consultations were also held with representatives of workers and employers directly affected by the employment policies developed, such as persons with disabilities, who were consulted in the framework of the Subcommittee for the Employment of Person with Disabilities under the Labour Policy Council. The Committee requests the Government to continue to provide information on the activities of the tripartite Labour Policy Council with respect to the development, implementation and review of employment policy measures and programmes, including those adopted to address the socioeconomic impact of COVID-19, and the manner in which they are coordinated with other economic and social policies. It also requests the Government to provide updated detailed information, including concrete examples of the manner in which representatives of those affected by the measures to be taken are consulted and their views taken into account in the development, implementation and review of employment policies and programmes.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report. It also notes the Government’s reply to the 2014 observations of the Japan Postal Industry Workers’ Union (YUSANRO), as well as the most recent observations presented by YUSANRO, received on 24 May 2016.

Article 1 of the Convention. Non-regular workers. The Committee notes the Government’s indication that, based on a proposal made by the tripartite Labour Policy Council in 2012, an amendment was made to the Act on Improvement of Employment Management for Part-time Workers, which entered into force in April 2015. The amendment includes provisions on part-time workers, establishing that they must not be subjected to discriminatory treatment compared to full-time workers. Furthermore, a draft amendment to the Worker Dispatch Act was adopted and came into effect in September 2015. Its objective is to increase employment stability and protection for dispatched workers by setting new time limits under the rationale that dispatch work should be temporary and provisional in nature. The amendment also provides for schemes to improve the quality of worker dispatching undertakings and provide career development support, including the conversion of dispatched workers to regular employees. The Government indicates that 7,677 non-regular workers were converted to regular workers between April 2014 and March 2015. The Committee notes, that according to the OECD Employment Outlook 2017 on Japan, while employment growth has been strong in Japan, recent job creation has largely taken the form of non-regular employment reinforcing concerns about labour market dualism. The Committee requests the Government to continue to provide information, including statistical data disaggregated by sex, age and employment type, on the effectiveness and impact of the measures taken, in consultation with the social partners, to reduce dualism in the labour market, including information on the impact of the amended Act on Improvement of Employment Management for Part-time Workers and the revised Worker Dispatch Act.

Employment of women. In reply to the Committee’s previous comments, the Government indicates that the Act to Promote Women’s Participation and Advancement in the Workplace, adopted in 2015, calls for the national government and local authorities to make it mandatory for private businesses with more 300 workers to ascertain the situation of active participation by women in their own businesses and analyse issues arising; formulate, officially notify and publish action plans, including setting numerical targets and details of initiatives based on the outcome of the above; and regularly publish information on active participation of women. Meanwhile, private businesses with 300 or fewer workers are also required to make efforts to this end. The Government further indicates that the ratio of female workers in relation to the total number of workers reached a record high of 43.9 per cent in 2015. In its observations, NIPPON KEIDANREN refers to the adoption of the Mothers Hello Work programme to support women’s participation in employment and achieving work–life balance. The programme promotes the re-employment of parents after child-rearing through diverse measures, such as career guidance. The JTUC–RENGO stresses the persistence of the gender-based career-tracking system and calls for its abolition. It also notes that a significant number of women are hired as fixed-term contract workers. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the employment of women, including information on the impact of the Act to Promote Women’s Participation and Advancement in the Workplace. It also requests the Government to provide information on the initiatives taken with respect to the gender-based career-tracking system to ensure that women and men enjoy freedom of choice of employment and that each worker has the fullest possible opportunity to qualify for, and to use his or her skills, as contemplated in Article 1(2)(c) of the Convention.

Youth employment. The Government indicates that the Act for Partial Revision of the Youth Labour Welfare Act, adopted in 2015, includes the establishment of a system to provide information on actual working conditions to assist young people, as well as a certification system for small and medium-sized enterprises (SMEs) whose management of young workers is deemed to be outstanding. The Committee notes the support measures for graduate and university students, including the Hello Work for New Graduates programme and the establishment of a subsidy system to encourage employers to hire graduates and school dropouts. As a result of these initiatives, the employee turnover rate within three years from graduation from high school was reduced from 41.1 per cent at the end of 2012 to 36.6 per cent in 2014. In its observations, the JTUC–RENGO indicates that additional steps should be taken to improve workplace environments and increase continuous employment among youth. In this regard, the JTUC–RENGO points out that, according to the 2015 Labour Force Survey conducted by the Statistics Bureau of Japan, the unemployment rate was 5.5 per cent among those aged 15–24, and 4.6 per cent for those aged 25–34, in comparison with the overall unemployment rate of 3.4 per cent. The JTUC RENGO adds that the number of young people hired as non-regular employees in their first job after graduating is increasing each year, and the percentage of young people working in non-regular employment was 26.5 per cent in 2015 among those aged 25–34. Finally, the JTUC–RENGO highlights that the number of non-working population among those aged 15–34 who also do not engage in housework or attend an institution of learning reached 560,000 in 2014. This figure has largely remained unchanged for more than a decade. The Committee requests the Government to continue to provide information on the impact of the measures taken to ensure full, productive and lasting employment for young persons, including the Act for Partial Revision of the Youth Labour Welfare Act and the Hello Work for New Graduates programme.

Older workers. The Committee notes that the 2014 Japan Revitalization Strategy sets out a policy of promoting the active social participation of older persons and establishes the target of achieving a labour force participation rate of 65 per cent among those aged 60–64 by 2020. It also notes from the 2015–16 report on the labour situation in Japan of the Japan Institute for Labour Policy and Training that the age of eligibility for the fixed component of state pensions is being raised in stages to guarantee employment for everyone who wants to work up to 65 years old. The Government indicates that amendments to the Act on the Stabilization of Employment of Elderly Persons entered into force in April 2016. Following these amendments, participants of a national government programme the Silver Human Resources Centres (SHRCs), which provides job opportunities for retired citizens, are allowed to work a certain number of hours in the industries established in each city, town and village by Prefectural Governors, on the condition that they are employed via SHRCs employment placement services. The Government further indicates that 99.2 per cent of enterprises with 30 or more workers implemented employment security measures for older workers as of June 2015. It adds that it will continue to provide guidance to enterprises who have not introduced such measures, including to those with less than 30 workers. The JTUC–RENGO is of the view that no complete and full analysis of the situation was made in light of the fact that 90 per cent of domestic companies employ less than 30 workers. It therefore considers that guidance for companies that are required to secure employment for elderly persons must be strengthened. The Committee requests the Government to continue to provide information on the impact of the measures taken to promote productive employment of older workers, including further information with respect to the implementation of such measures in enterprises with less than 30 workers.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN), communicated with the Government’s report. It also notes the Government’s reply to the 2014 observations of the Japan Postal Industry Workers’ Union (YUSANRO), as well as the most recent observations presented by YUSANRO, received on 24 May 2016.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In its previous comments, the Committee requested the Government to provide information on the employment measures adopted to promote full employment within a coordinated economic and social policy. The Committee notes the information provided by the Government in its report concerning the adoption of the Basic Guidelines for Employment Policies in 2014, which set out the direction to be followed by employment policies during the five year period following its adoption. The Guidelines provide for the strengthening of the labour market infrastructure and the creation of high-quality employment to promote growth in the context of structural changes in employment, including a reduction in the active population, as well as the impact of globalization. In addition, the Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan was adopted in 2014 to address issues such as the declining population and shrinking local economies. The Committee also notes that, according to the Labour Situation in Japan and its Analysis: General Overview 2015–16 of the Japan Institute for Labour Policy and Training, the 2015 Japan Revitalization Strategy signaled the start of the second phase of the integrated economic policy “Abenomics”, which includes measures to overcome labour supply constraints as a result of the reduction in the active population due to a decreasing birth rate and the aging of the population. In terms of labour policy, the strategy aims to optimize the potential of individual employees by curbing overlong working hours to improve the quality of work performed; promoting increased participation by women, older workers, and other underrepresented groups; and reforming education and employment practices. Moreover, the Government refers to the adoption of several employment measures in disaster-affected prefectures, including the launch in 2016 of the employment support project in response to nuclear accidents, which seeks to ensure temporary employment for those affected by nuclear accidents in the Fukushima Prefecture. The implementation period and funding for the emergency employment support project in response to the East Japan Great Earthquake and the Business Recovery Employment Creation Project were extended in 2015 and 2016, respectively. In relation to employment trends, the Committee understands that, according to the Organisation for Economic Co-operation (OECD) Employment Outlook 2017 on Japan, the country performs particularly well in terms of quantity of employment, achieving the lowest unemployment rate among OECD countries and a relatively high employment rate. The low risk of unemployment is also reflected in a low level of labour market insecurity. In particular, the Government indicates that, as of 2016, the unemployment rate was 3 per cent, is the lowest rate for the past 18 years. In its observations, however, the YUNSARO emphasizes that disparity and poverty is increasing in Japan. In this regard, the OECD report states that Japan shows some weaknesses in job quality and labour market inclusiveness. A relatively high share of working-age persons experience job stress and work exclusively long hours. With respect to inclusiveness, both the high low-income rate and a big gender labour income gap indicate that some workers face barriers to accessing decent jobs. The Committee requests the Government to provide detailed updated information on the impact of the employment measures adopted, including the measures implemented under the Japan Revitalization Strategy, the Long-term Vision for Overcoming Population Decline and Vitalizing the Local Economy in Japan and the Basic Guidelines for Employment Policies. It also requests the Government to provide updated information, including statistics on employment trends, disaggregated by age and sex, and on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy.

Article 3. Participation of the social partners. The Government indicates that the tripartite Labour Policy Council has deliberated on important matters concerning the enactment, amendment and enforcement of employment legislation, and its opinions were taken into account in the planning and designing of employment policies. The Committee requests the Government to continue to provide information on the activities of the Labour Policy Council with respect to the development, implementation and review of employment policy measures and programmes and their links to other economic and social policies. It also requests the Government to provide information on the manner in which representatives of those affected by the measures concerned are consulted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Japan Postal Industry Workers’ Union (YUSANRO), received in May 2014, in which information is provided on the employment situation of non-regular workers in the Japan Post Group companies and on the situation of irregular workers in Japan. The Committee invites the Government to provide its comments in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Non-regular workers. The Government indicates, in the report received in September 2013, that globalization has forced changes in the form of employment. It adds that it is important to improve the environment which provides workers a living with peace of mind regardless of whether the employment is regular or temporary, as well as to promote the regularization of non-regular workers, in order to eliminate polarization of regular and temporary employment. The Government has been supporting employers who implement measures, such as support for career advancement within the company, stabilization of employment, and improvement of the treatment of temporary workers. In addition, legislative measures have been initiated to strengthen the safety net, as well as to improve the treatment of temporary workers. The Committee notes that amendments to the Labour Contract Act came into force in April 2013, adding a mechanism that converts fixed-term contracts into open-ended labour contracts as requested by the workers in cases where fixed-term contracts get renewed repeatedly. Also, a rule was introduced that prohibits the imposition of working conditions on fixed-term contract employees unreasonably different from those of open-ended contract employees on the grounds of fixed-term labour contracts. The Committee notes that JTUC–RENGO raises the issue of the high rate of non-regular workers in comparison to total employment, calculated at 38.2 per cent (2012 figures). The Committee invites the Government to provide in its next report information on the measures implemented in consultation with the social partners to reduce labour market dualism. Please also include information on the results of these measures, indicating whether they have translated into productive and lasting employment opportunities for non-regular workers.

Employment of women. The Government indicates that the total number of women employed increased to 23.57 million in 2012, reaching 42.8 per cent of the total number of employed persons. Regarding the career-tracking system, the Government indicates that 121 enterprises were provided guidance by prefectural labour offices on desirable employment management. Moreover, the Committee notes that six tripartite meetings were held since October 2012 to discuss and review the implementation of the Equal Employment Opportunity Law and the career-tracking system. The Committee invites the Government to provide information on the impact of policies and measures taken to promote women’s employment and equal employment opportunities for women and men. Please also continue to provide information, including statistics, on the initiatives taken to dismantle the gender-based career-tracking system to ensure 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(2)(c) of the Convention.

Youth employment. The Committee notes that the unemployment rate for young persons (15–24 years old) was measured at 8.4 per cent in 2011 and 8.1 per cent in 2012. The Government indicates that for the purpose of supporting employment of “non-new graduates”, that is jobseekers still looking for jobs within three years of graduation, financial incentives are provided to employers who hire these jobseekers as full-time employees or hire them as temporary employees and then transfer them to full-time employment. As a result of these measures, 46,515 young jobseekers were hired in 2011 and 18,272 in 2012. Moreover, the Government indicates that as a result of the “Step Up Programme for the Young”, a programme that provides support to young people who wish to obtain full-time employment, 302,000 freeters (young people in temporary or part-time jobs) were converted to full-time employment. JTUC–RENGO indicates that, even when young persons can obtain employment, there are many cases which end with an early termination of the work. It calls for an improvement of the working environment which will enable young people to continue to work in addition to a consideration of employment support. The Committee invites the Government to provide information on measures taken to increase opportunities for young persons to find lasting employment, as well as statistical data on the implementation and results of these measures.

Older workers. The Government indicates that, as of April 2013, the Act to amend the Elderly Employment Stabilization Law was enforced including a provision to publish the names of companies that do not comply with the recommendation on the employment measures for older workers. JTUC RENGO indicates that the legislation only provides the grounds for the advice, guidance and recommendation by the Government, and thus it does not stipulate the right for workers to request the employment security measures in the case in which a company does not comply. It calls for the improvement of the legislation. In reply to the Committee’s previous comments, the Government indicates that recent employment data show that 97.3 per cent of enterprises with 31 or more workers had implemented employment security measures for older workers as of 1 June 2012. It further indicates that strong guidance will continue to be provided in the future to enterprises that have not yet implemented these measures. JTUC–RENGO indicates that the Government’s survey originally excludes companies with 30 or less workers from its target but those companies account for more than 90 per cent of total enterprises in Japan. The Committee invites the Government to continue to include information on measures intended to promote productive employment opportunities for older workers, as well as statistical data on the implementation and results of these measures.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in September 2013, which includes detailed employment data, information in reply to its 2012 observation, and observations made by the Japanese Trade Union Confederation (JTUC–RENGO). It also notes the observations made by the National Confederation of Trade Unions (ZENROREN), received on 25 September 2013, and by the Liaison Council of Labor Unions in Public Corporations (TOKUSHUHOJIN–ROREN), received on 24 August 2012 concerning dismissals and legislative changes relating to administrative agencies. The Government provided a reply to the observations of the TOKUSHUHOJIN–ROREN in its report. The Committee notes that the unemployment rates remained stable in 2011 and 2012, at 5.4 per cent for men and 4.6 per cent for women for both years. The rates decreased to 4.3 per cent for men and to 3.8 per cent for women in April 2013. In reply to the Committee’s previous comments regarding the workers affected by the postal privatization, the Government indicates that the employment situation of non-regular workers in the Japan Post Group companies, which are privatized, is determined by their business management in accordance with the regulations of labour laws in general, on the same level with other private companies. It adds that it does not have knowledge on the situation of improvement of the working conditions due to the promotion of non-regular workers to regular workers, as working conditions are matters of employment contracts between the individual workers and employers. The Committee invites the Government to continue to provide information on the employment measures adopted to promote full employment within a framework of a coordinated economic and social policy.

The Government indicates that the number of job openings and new hires nationwide, including in the three disaster-affected prefectures (Fukushima, Iwate and Miyagi) have increased from 2011 to 2012 due to various measures that have been implemented. The Committee notes the employment measures described in the Government’s report including the “Japan as One” Work Project. ZENROREN indicates that the number of workers who lost their jobs following the East Japan Great Earthquake of March 2011 amounted to 210,000 in the three prefectures most affected by the disaster. It adds that, of these people, 125,000 have found new jobs but 55 per cent of them (69,000 people) are in precarious employment. The Committee invites the Government to provide updated information on the employment measures taken in the three disaster-affected prefectures.

Article 3. Participation of the social partners in the formulation of employment policies. The Government indicates that important matters regarding the enactment, amendment and enforcement of laws and regulations relating to employment policy have been formulated following the consensus of workers, employers and government at the Labour Policy Council. The Committee notes the observations of ZENROREN indicating that, following the change of Government at the end of 2012, a total removal of the ban on worker dispatch and easing of the preventive regulations against the replacement of regular workers with dispatched workers are now being discussed. It adds that this policy change was discussed and decided in a governmental council which included many corporate representatives, without the participation of worker representatives. The Committee notes that JTUC–RENGO raised similar concerns in this regard in its observations. The Committee refers to its 2012 observation on the Private Employment Agencies Convention, 1997 (No. 181), in which it referred to the revision of the Worker Dispatch Law and the importance of consulting the social partners on the legislative provisions in question. The Committee invites the Government to provide in its next report on the Convention detailed information demonstrating the manner in which the experience and views of the social partners have been taken into account in the formulation, implementation and evaluation of employment policy measures.

The Committee is raising other points, including matters related to non-regular workers and employment measures targeting women, young persons and older workers, in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received in October 2011, which includes replies to its 2010 observation. The report also included observations from the Japanese Trade Union Confederation (JTUC–RENGO) and replies to the observations submitted by the Japan Postal Workers’ Union (YUSANRO) in October 2010. The Committee further notes the observations made by the National Confederation of Trade Unions (ZENROREN), which were forwarded to the Government in September 2011. It finally notes the supplementary remarks submitted by YUSANRO, which were forwarded to the Government in June 2012.

Article 3 of the Convention. Participation of the social partners in the formulation of employment policies. In reply to the Committee’s previous comments, the Government indicates that opinions expressed at relevant committees have been reflected in the planning and drafting of employment policies. JTUC–RENGO expresses again its concern that the views and opinions expressed by workers’ and employers’ representatives were not taken into consideration when discussing the draft bill for supporting jobseekers within the Labour Policy Council. As a result, the discussion at the Labour Policy Council was restricted. JTUC–RENGO emphasizes that consultations with the social partners in decision-making regarding employment policies should be fully respected. The Government indicates that it takes this criticism seriously as the Labour Policy Council found it extremely regrettable. The Committee invites the Government to provide examples of how the views of workers’ and employers’ representatives expressed in the framework of the Labour Policy Council and other councils, have been used concretely in the formulation, review and implementation of employment policies. In this regard, the Committee asks the Government to focus on the consultative procedures that enable it to take the views and experiences of persons affected by employment policy measures fully into account in order to secure their full cooperation in formulating and enlisting support for these measures.

Articles 1 and 2. Implementation of an active employment policy. The Government indicates that the unemployment rates increased between 2007 and 2010 from 3.9 per cent to 5.4 per cent for men and from 3.7 per cent to 4.6 per cent for women. The rates slightly decreased to 5 per cent for men and to 4.2 per cent for women in April 2011 despite the March 2011 Great East Japan earthquake. The Government indicates that in the fiscal year (FY) 2010, the measures aimed at promoting employment launched in 2009, which include the Hometown Employment Reactivation Special Grant and the Emergency Employment Creation Project, continue to be implemented. Active labour market measures implemented focused on, inter alia, reducing the requirements for employment adjustment subsidies to support continued employment. Moreover, measures are being implemented to provide training opportunities to jobseekers who have limited opportunities to find employment. These measures include the review of the job card system in April 2011 and the implementation of a support system for jobseekers in October 2011 under the Jobseekers Support Act. This system aims at subsidizing vocational training of jobseekers. The Government indicates that in response to the earthquake, the project on job creation in priority areas is projected to be expanded for reconstruction of the affected region. The creation of approximately 20,000 jobs is planned, particularly through the abovementioned project. Moreover, the “Japan as One Work Project” has been developed. This entails the creation of employment through construction projects, the expansion of subsidies for enterprises that recruit disaster victims, employment support through on-site job counselling and the broadening of both employment adjustment subsidies and benefits of employment insurance to ensure continued employment and secure daily lives of disaster victims. The Committee notes that the GDP growth was expected to slow down to 0.7 per cent in 2011 before rising to 2.9 per cent in 2012. The recovery is expected to continue in 2012 as the resumption of exports increases domestic demand and reconstruction spending continues. The Committee invites the Government to provide information in its next report on the impact of the measures taken to promote full employment within a framework of a coordinated economic and social policy, including data on the employment levels of those who have been affected by the earthquake.

Workers affected by the postal privatization. In its remarks of October 2010, YUSANRO indicated that due to a cutback in personnel costs, the number of non-regular workers of the Japan Post Group had increased by 15,000, while regular workers were reduced by 6,000 over two years after the 2007 postal privatization. In its comments of June 2012, YUSANRO indicates that out of 208,604 fixed-term workers in the Post Group, approximately 121,000 have been employed for more than three years. It further indicates that in February 2010, the Government drafted a Postal Reform Plan, which envisaged improving the working conditions of the high number of non-regular workers in the postal services and recruiting 100,000 full-time employees. Subsequently, the Post Group companies announced a recruitment plan, according to which workers fulfilling requirements concerning the duration of service (at least three years), hours of work (more than 20 hours per week) and age (less than 60 years old) were eligible for taking a test for their promotion to regular workers. The Post Group determined that 65,000 non-regular workers were eligible for the test. However, only some 9,500 workers passed the test in 2010 and 2011. YUSANRO points out that fixed-term workers have performed their job for many years as full-time workers. Therefore, they are experienced and their capability has been tested, but they have not gained employment security. It also indicates that the Japan Post Service company did not implement the promotion of fixed-term workers to regular workers in FY 2011 and postponed it until June 2012. Moreover, in September 2011, the Japan Post Service company terminated the employment of 13,694 fixed-term workers. YUSANRO indicates that a review of the postal privatization should target the equal treatment of non-regular workers and their promotion to full-time regular employees. YUSANRO also indicates that no consultations were held with the social partners concerning employment policies in the postal sector. Therefore, it is necessary to hold consultations between the Government and the employers’ and workers’ representatives of the postal sector to develop policies for full employment. In its report received in October 2011, the Government indicates that generally speaking it recognizes that it is important that employers give consideration to the conditions of employment of their employees. However, it stresses that the employment of non-regular workers in the Post Group companies, which are private firms, should be determined by their business management. The Committee requests the Government to provide in its next report information on the impact that the privatization in the postal sector has had on the labour market. It would also appreciate receiving information on how the contracts used in the postal sector have contributed effectively to productive employment rather than to the redistribution, on less secure conditions, of existing jobs.

Non-regular workers. In its observations of September 2011, ZENROREN indicates that the Government failed to take appropriate measures for correcting the deteriorating situation which non-regular workers, comprising fixed-term workers, part-time workers, contract workers and workers employed by temporary employment agencies, are obliged to accept. Non-regular workers are the first to lose their jobs when the economy takes a downturn. Therefore, non-regular workers are more likely to fall into underemployment and long-term unemployment. A large number of non-regular workers lost their jobs following the March 2011 earthquake. Nevertheless, the situation in which replaceable workers are engaged in the same jobs has been a practice for companies in Japan. Not only wages and working conditions of non-regular workers are unequal to those of regular workers, but also these workers hardly obtain regular employment status and are excluded from social security coverage, especially unemployment benefits. The insufficient system of income support and vocational training in case of termination of employment causes non-regular workers to work in undesirable jobs, thereby restricting their freedom of choice of employment. ZENROREN further indicates that, following the reforms adopted since the late 1990s and the repeated revisions of labour laws, employers are encouraged to employ more non-regular workers. However, no regulations and monitoring system exist to correct adverse effects caused by those changes. In its remarks of June 2012, YUSANRO also expresses its concern that major corporations are replacing more of their full time employees with casual workers, such as temporary agency workers and independent contractors. Major corporations have cut jobs and limited wage increases allegedly in order to deal with the adverse impact of the earthquake. The Government indicates that equal and balanced treatment for part-time workers has been promoted under the revised Part-Time Workers Law. This legislation prohibits, in principle, business operators to discriminate against part-time workers in terms of wages and other treatments. Subsidies are provided to those businesses that promote an equal treatment for fixed-term and part-time workers. The Labour Policy Council has discussed rules for fixed-term employment contracts. The Committee observes that non-regular workers make up more than one third of total employment. In its General Survey of 2010 concerning employment instruments, the Committee also noted that in Japan there has been increasing labour market dualism arising from a decline in the prevalence of the lifelong employment system (paragraph 576). The Committee recalls its 2010 observation, in which it noted the rising unemployment among non-regular workers following the economic slowdown. The Committee requests the Government to provide in its next report detailed information on the measures implemented in consultation with the social partners to reduce labour market dualism and on how these measures have concretely translated into productive and lasting employment opportunities for non-regular workers.

Employment of women. In reply to the Committee’s previous comments, the Government indicates that the total number of women employed increased to 23.29 million in 2010 with women’s share in the total number of employed at 42.6 per cent. The revised Childcare and Family Care Leave Law, which obliges employers to establish a system providing for short working hours and overtime exemption and to expand the childcare leave system, came into force in June 2010. In FY 2010, the number of consultations regarding the Law doubled compared to the previous year to 143,000. Regarding the career-tracking system, the Government indicates that in order not to make the career-tracking system gender biased, a fixed number of enterprises introducing the career-tracking system are provided systematic guidance by prefectural labour offices pursuant to the Equal Employment Opportunity Law. The Committee invites the Government to provide information on the impact of policies and measures taken to promote women’s employment and equal employment opportunities for women and men. Please also provide information, including statistics, on the effect that the initiatives taken have had on dismantling the gender-based career-tracking system to ensure 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(2)(c) of the Convention.

Youth employment. The Government indicates that it continued to implement measures to promote the employment of new graduates, such as doubling the number of employment service staff providing job support to new graduates, establishing the New Graduate Support Hello Work and providing for subsidies to enterprises hiring young persons within three years after their graduation. The Government further indicates that as a result of the freeters Regular Employment Promotion Plan, 304,000 freeters, i.e. young people in temporary or part-time jobs, were regularly employed. The Committee notes that the unemployment rate among young persons between 15–24 years increased from 7.7 per cent in January 2011 to 9.5 per cent in April 2011. The Committee requests the Government to provide information on the impact of the measures implemented in terms of generating productive and lasting employment opportunities for young workers.

Older workers. The Committee notes JTUC–RENGO’s observation that as of 1 June 2010, 3.4 per cent of enterprises with 31 or more workers have not yet implemented any employment security measures for the elderly. In JTUC–RENGO’s view, government guidance to companies that have not implemented measures for employment of the elderly is not strong enough to enforce the Elderly Employment Stabilization Law. The Government indicates that the entire system regarding elderly employment policies is to be reviewed within the Labour Policy Council in order to, inter alia, strengthen the enforcement of the Elderly Employment Stabilization Law. The Government also indicates that various subsidies are provided to businesses to encourage them to take employment security measures for older workers and provide them with employment opportunities. The Committee invites the Government to include in its next report data which will allow it to assess the effectiveness of the measures implemented to promote productive employment opportunities for older workers.

The Liaison Council of Labour Unions in Public Corporations (TOKUSHUHOJIN–ROREN) submitted observations to the Government on the application of the Convention, forwarded in August 2012. The Committee intends to examine these observations and the comments that the Government may wish to make on the matters raised therein at its next session in 2013.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its 2010 observation, the Committee notes the detailed report provided by the Government for the period June 2009–May 2011, received in October 2011, including comments formulated by the Japanese Trade Union Confederation (JTUC–RENGO). It further notes the comments made by the National Confederation of Trade Unions (ZENROREN) forwarded to the Government in September 2011. The Committee invites the Government to provide its own observations on the issues raised by the ZENOREN on the application of the Convention. The Committee intends to examine the Government’s report, including the remarks supplied by the Japan Postal Industry Workers Unions (YUSANRO) in October 2010 and by the JTUC–RENGO in October 2011, at its next session in 2012.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in the report received in November 2009 and the attached comments from the Japanese Trade Union Confederation (JTUC–RENGO).

Article 3 of the Convention. Participation of the social partners in the formulation of policies. In reply to the 2008 observation, the Government indicated that consultations covered by the Convention are implemented in the Labour Policy Council. The Committee notes that the Council on Economic and Fiscal Policy formulates the basic policies for economic and fiscal management and structural reform, which determines the fundamental orientation of policy measures, including employment measures. In this regard, JTUC–RENGO expressed its concern about the Government giving serious attention to recommendations made within the Council on Economic and Fiscal Policy, the Council for Regulatory Reform and other forums that do not include worker representation. JTUC–RENGO considers that discussions at the Labour Policy Council tend to be conducted within the framework set by these councils. The Committee notes JTUC–RENGO’s call to respect the Labour Policy Council as one of the pillars of the decision-making process for employment and labour policies. The Committee invites the Government to provide information in its next report on how discussions resulting from the Labour Policy Council, as well as other councils, have been used in the formulation and implementation of the employment policy. In this regard, the Committee asks the Government to focus on the consultative procedures which enable to take fully into account the views and experiences of persons affected by employment policy measures.

Articles 1 and 2. Measures taken in response to the global crisis. The Committee notes that the total unemployment rate increased from 3.8 per cent in October 2008 to 5.7 per cent in July 2009 due to the economic deterioration, equivalent to about 1.3 million more individuals unemployed. Among the measures implemented to improve the employment situation, the Government has created funds in prefectures to create short- and medium-term employment and to provide workers not eligible to receive unemployment insurance with income to secure living costs. The Government has also extended grants to firms to compensate decreased business and to support employment without dismissing workers. In April 2008 the “Job-Card System” was set up in order to provide training opportunities for workers with limited opportunities to find employment. The Committee also notes the increase of staff levels at the public employment services as a consequence to the rise in jobseekers that required services. According to JTUC–RENGO, with the rising unemployment among non-regular workers following the economic turndown, the Government has been working with the social partners to adopt the Tripartite Agreement toward Employment Stabilization and Job Creation. JTUC–RENGO also considers that job creation and employment mismatches continue to pose a challenge. The Committee invites the Government to provide information in its next report on how the policies designed and the programmes implemented will translate into productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers affected by the crisis such as non-regular workers.

Implementation of an active employment policy. In reply to previous comments, the Government indicates in its report that Japan is progressing with structural adjustments to resolve the surpluses in employment, facilities and debts in order to rebuild a healthy economic environment. The Committee notes that revitalization grants have been established to facilitate small and medium-sized enterprises contributing to regional employment creation and expand employment in regions where unemployment is higher. The Committee also notes from the documentation available in the ILO that a New Growth Strategy (Basic Policies) was approved by the Cabinet in December 2009, focusing on generating demand and jobs by implementing measures to improve people’s livelihoods. The Government aims to create new demand and jobs in fields such as the environment, health and tourism, with the target of generating millions of jobs and ¥100 trillion in demand in these three sectors by 2020. Under the new strategy, the Government set a target for GDP growth of more than 2 per cent a year for the coming decade. Following a contraction of 1.2 per cent in 2008 and 5 per cent in 2009, real GDP growth is projected by the Bank of Japan to be about 2.1 per cent in the fiscal year 2010. The Government also seeks to reduce the unemployment rate from 5 per cent to about 3 per cent in the medium term. The Committee invites the Government to state in its next report whether special difficulties have been encountered in attaining the objectives of the Convention and how far these difficulties have been overcome.

Employment of women. In reply to the previous observation, the Government indicates that female participation in the labour market has increased for six consecutive years, with 23,120,000 female workers as of 2008. The Government informs that approximately 70 per cent of female workers leave their jobs when their first child is born, and a large number of women leave their jobs due to childcare and that the percentage of women in managerial posts continues to be low. The Committee notes the efforts to encourage employment of women workers with the Positive Action Support Site by disseminating information to companies of examples of good practices implemented by different firms and therefore raising public awareness. The Equal Employment Opportunity Law was revised in 2007 to further develop and strengthen the provisions including invalidating dismissals due to pregnancy and childbirth. The Committee notes that the Draft Act for Partial Amendment to the Child Care and Family Care Leave Act, which includes provisions for obliging business operators to establish a reduced work hour system for workers raising children under three years old and promotional measures for male workers to take childcare leave, was approved in June 2009. The Government also reports to be increasing efforts to improve day‑care services. The Committee invites the Government to report on the impact of the new legislation and on how these measures have created further productive employment opportunities for women.

Regarding the career-tracking system, the Government recalls that the Equal Employment Opportunity Law prohibits employers to classify workers into certain careers according to sex. In order to ensure opportunities for women to have access to the “main career track” more effectively, the revised Equal Employment Opportunity Law prohibits employers from applying, without legitimate reason, a criterion concerning the worker’s availability for reassignment that results in the relocation of the worker’s residence on the grounds that applying such a criterion is considered as indirect discrimination. The Committee invites the Government to provide further information on the measures taken to ensure that in practice companies are not using the two-track system for recruiting graduates, where men are assigned to managerial tracks and women to clerical tracks where upward mobility is very limited, and thus to ensure that each worker shall have the fullest possible opportunity to qualify for and use his or her skills, in accordance with Article 1(2)(c) of the Convention.

Youth employment. The Government states in its report that the employment situation of the second semester of 2008 resulted in problems such as enterprises cancelling informal job offers made in March 2009 to new graduates. Measures have been adopted to prevent such cancellations through the amendment of the Ordinance for Enforcement of the Employment Security Act. The Government introduced measures to assist young people in temporary or part‑time jobs, known as freeters. In April 2008, the Freeters Regular Employment Promotion Plan was promoted to support stable employment and has resulted in the regular employment of 268,000 freeters. Programmes have also been implemented relating to the one-stop service centre for young workers and the promotion of vocational training and career development in collaboration with universities and technical colleges. The Government states that the situation has been improving as the number of freeters has decreased over five consecutive years, with the number of freeters 1,700,000 in 2008. According to the OECD, the unemployment rate for 15–24 year olds rose by 2.4 percentage points, reaching 9.9 per cent in July 2009. In its 2010 General Survey concerning employment instruments, the Committee noted that in Japan one third of young workers are in non-regular employment. The Committee observed that there was a growing problem of unemployment among educated workers, particularly young university graduates, who are unable to find secure employment commensurate with their skill level. This is an issue for the advanced market economies as well as developing countries. Not only are their skills underutilized, but this pattern of casual jobs can prove detrimental to their lifetime career progression (see paragraphs 576 and 800 of the 2010 General Survey). The Committee encourages the Government to report on how it is enhancing vocational training and career development for young workers, as well as on the impact of the measures taken to support re-employment of young workers.

Older workers. The Government reports that as of June 2008, 96.2 per cent of enterprises with 51 or more workers have implemented employment security measures for older people. Thirty-nine per cent of them have allowed workers to remain working until age 65 or more if they wish, while 12.4 per cent have implemented employment security measures for people up to age 70. The Government also states that strong guidance will continue to be provided to enterprises that have not implemented employment security measures for older people. The Committee invites again the Government to provide detailed information on the measures implemented as part of an active policy intended to address the employment situation caused by an ageing workforce and a slowing rate of population growth.

The Japan Postal Industry Workers’ Union (YUSANRO) supplied observations on the Convention in October 2010. The Committee invites the Government to provide its own remarks on the matters raised therein for its forthcoming session.

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

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).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report for the period ending in June 2005, as well as the replies in response to its 2003 direct request.

2. Implementation of an employment policy in the framework of a coordinated economic and social policy. Supplemented by the data provided by the Organisation for Economic Co-operation and Development (OECD), the Government’s report demonstrates that the employment situation has been improving since 2003. While the number of employed people, both male and female, has been on an upward trend in the past two years, the unemployment rate, at 4.4 per cent in May 2005, has been decreasing steadily since its historic high of 5.4 per cent in 2002. Although the unemployment rate remains relatively low by OECD standards, the incidence of long-term unemployment, at 33.7 per cent, stands slightly above the OECD average. The Government indicates that, in terms of job vacancies, the number of new job offers has been increasing and the effective ratio of job offers to applicants has been in an upward trend. The report also contains information about the legislative amendments introduced by the Government to diversify working patterns. As regards training programmes on employment promotion, the Government indicates that, in order to actively cope with the needs of workers in wide-ranging fields, the outsourcing of training to private bodies has been increasingly utilized. The Committee asks the Government to indicate how the new legislative revisions mentioned by the Government in its report contribute to the promotion of the objectives of the Convention. It also reiterates its interest in obtaining information on how the measures taken to promote full and productive employment operate within a "framework of a coordinated economic and social policy", in particular those measures taken to increase flexibility of fixed-term contracts and the proliferation of other forms of temporary work. As requested in previous comments, please include information on the manner in which the measures taken in areas such as budgetary and monetary policy, investment policy and fiscal policy are helping to further employment aims (Articles 1 and 2 of the Convention).

3. Participation of the social partners. The Government indicates that the Employment Security Section Meeting and the Occupational Skills Development Section Meeting of the Council for Labour Policy, which is made up of governments’, employers’ and workers’ representatives, deliberate on important matters relating to the establishment, amendment and implementation of legislation concerning employment policies. These deliberations always involve discussions between workers’ and employers’ representatives on issues of their concern. The Committee would appreciate if the Government could continue to provide information on consultations with the social partners which have taken place on the subject of employment policies, as requested by Article 3 of the Convention, by giving examples of the opinions expressed and the manner in which they were taken into account.

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

1. The Committee notes the Government's report received in October 2002 stating that in recent years the employment situation has steadily deteriorated. In 2002, the number of employed people in Japan dropped by 820,000 (1.3 per cent), from 64.12 million to 63.30 million. The number of unemployed workers increased by 190,000 persons, reaching 3.59 million; in the last five years this figure has increased by 2.27 million. The unemployment rate has reached a historic high at 5.4 per cent, averaging 5.5 per cent for men and 5.1 per cent for women. Unemployment was highest among young people aged 15 through 24 (men, 11.1 per cent; women, 8.7 per cent). The labour force participation rate averaged 61.2 per cent in 2002, a decline of 0.8 per cent compared with the previous year, the fifth straight year of decline. By sex, the labour force participation rate was 74.7 per cent among men and 48.5 per cent among women, representing declines of 1.0 and 0.7 percentage points. Long-term unemployment has increasingly become a problem; in 2002 approximately 1.05 million people, or about 29 per cent of the unemployed, were out of work for a year or more.

2. The Government considers that to overcome the challenges that the labour market faces in coming years it is necessary to introduce reforms that promote an increase in the supply of labour by women and improve the allocation of labour. In this connection, and with the aim of reconciling work and family life, it has introduced a revised Childcare and Family Care Leave Law. The main contents of the revised legislation are, inter alia, the prohibition of discriminatory treatment for reasons such as childcare leave, a restriction of overtime work for workers taking care of pre-school children or another family member and the introduction of a leave system for taking care of children. Additionally, with the objectives of easing the integration of new workers into the labour force, promoting human capital development and increasing productivity, the Government has introduced a revision to the Job Capacities Development Promotion Law. The Committee takes note of the measures taken by the Government to overcome the difficult economic conditions and reiterates the request formulated in its 2001 observation to be kept informed as to the impact of training programmes on employment promotion and on any progress made in ensuring equality of treatment for all categories of workers. Please also continue to provide information on trends in the quality of employment.

3. With reference to its 2001 observation, in which it noted with interest the information provided by the Government on the Ninth Basic Employment Measures Plan, the Committee hopes that the Government will provide, in its next report, the information necessary to assess the manner in which the measures taken with a view to promoting full employment are decided and kept under review within the framework of a coordinated economic and social policy and in consultation with the representatives of the persons affected, in accordance with Articles 2 and 3 of the Convention. In particular, the Committee requests that the Government provide the information, as noted in the report form, regarding the manner in which the measures taken in areas such as budgetary and monetary policy, investment policy and fiscal policy help to further employment aims. It also reiterates its interest in obtaining any information on how various measures, such as the increase in flexibility of fixed-term contracts and the proliferation of other forms of temporary work, help promote the objectives of full, productive and freely chosen employment as stipulated by Article 1 of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information contained in the Government’s report for 31 May 1998 to 31 May 2000 in reply to the previous direct request and the attached copy of the Ninth Basic Employment Measures Plan.

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s statement that the unemployment rate continued to climb from 4.1 per cent in 1998 to 4.7 per cent in June 2000. More recent information indicates that the unemployment rate reached an unprecedented 5.3 per cent in September 2001 and the Minister of Labour declared a state of emergency. Furthermore, the Bank of Japan expects the current deep recession to continue until at least March 2003.

2. The Committee notes the information provided on particular groups of jobseekers, including the following:

-  Unemployment has increased most for young people (15-24), from 7.7 per cent in 1998 to 9.2 per cent in June 2000. The Government states that this is due in part to the greater interest of young people in job mobility. Measures to boost employment of youth include increased education and training, increased job search assistance, and instilling a job consciousness to diminish the frequency of resignations.

-  By 2010 it is estimated that one-third of workers will be over 55. Employment of older workers is becoming a pressing issue for the Government. About 80 per cent of all enterprises still make retirement compulsory at 60. The Government wants to do more to encourage firms to allow people to continue to work until 65.

-  For people with disabilities, the main employment promotion measures are training and quotas for hiring. Approximately 45 per cent of firms have filled their quota.

-  Amongst the employed, standard employment is declining, and temporary and daily employment is growing. The Government states that this change in the quality of work is causing increased tensions between management and unions, and the Government has had to establish a system for dispute resolution. However, self-employment is decreasing and the number of employees is increasing.

The Government also states that it aims to increase the size of the labour force by encouraging the use of flexible forms of work, such as part-time work and telecommuting. Please continue to supply information on the impact of these and other measures set out in the Ninth Basic Employment Measures Plan 1999 on employment promotion. Please also continue to provide information on trends in quality of employment.

3. Further to previous comments, and to comments made under the Equal Remuneration Convention, 1951 (No. 100), the Government states that the participation rate of women of all ages is increasing. An increasing number of mothers are choosing not to stop working for a period, although many opt for part-time work. Increasing employment of women is a priority, not just out of concern for gender equality, but also because the labour force is shrinking at a rapid rate. The Government has abolished restrictions on overtime, night work, etc., for women, and has improved job security for women on maternity leave. The Government has also taken proactive measures to accommodate workers with family responsibilities such as increasing allowances for time off and improving job security for workers who take time off for family reasons. Other measures include education and training, education on positive action employers can take to promote employment of women, and a system for quick resolution of disputes. The Government has set up a special bureau to promote employment of women. Please continue to supply information on progress made in ensuring equality of treatment for all categories of workers mentioned in Article 1, paragraph 2(c), of the Convention.

4. The Committee notes with interest that the Government is extending its training programme to include a broader range of participants. The Government considers that foreign workers will become increasingly important to the economy as the labour force ages. It intends to regulate better the influx of foreigners, and to provide them training to ensure that their skills are appropriate for the demands of the labour market. It is also providing training and support services to day workers and the homeless to help integrate them into the formal economy. The Committee would appreciate continuing to receive information on the impact of these training programmes on employment promotion.

5. The Committee also notes with interest that a key component of the employment strategy set out in the Ninth Basic Employment Measures Plan 1999 is improving placement services. Japan has ratified the Private Employment Agencies Convention, 1997 (No. 181), and the Government has sent a detailed first report, which the Committee will evaluate in the near future. The Government is expanding the range of jobs available through the placement services, setting up a website for jobseekers, and addressing issues such as management of personal data and reducing the average time period for referrals. It is also boosting training because it anticipates that mismatch will increase, due to changes in technology, globalization and competition, and a decreasing supply of new graduates.

6. The Committee notes the interesting discussion in the Government’s report on evaluating enterprises. The Government suggests that actions of firms, such as sizeable lay-offs, should be evaluated not just by investors but also by society as a whole. The Committee would appreciate receiving further information on any specific measures implemented in line with this general proposal, as it affects the objectives of full employment set out in the Convention.

7. Article 3. Please continue to supply information on the manner in which representatives of workers, employers and other groups affected by employment policies, such as rural and informal sector workers, are consulted on the formulation, implementation and evaluation of employment policies and programmes.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report for the period ending May 1998. According to the Government the unemployment rate was 3.4 per cent in 1996, 3.7 per cent in 1997, and 4.1 per cent in 1998. The groups most affected by the increase in unemployment have been the young and the elderly. The OECD reports that GDP growth was 1.4 per cent in 1997 and -2.8 per cent in 1998, and forecasts growth of -0.9 per cent in 1999 and 0.0 per cent in 2000. The Government states in its report that it has enacted emergency measures for developing employment in particularly hard-hit regions, including subsidies for hiring older workers (over 45 years of age), subsidies to troubled industries, funding temporary employee leave programmes to allow more young people to access the labour market, making working time more flexible and decreasing the annual number of hours worked per employee.

2. In reply to the Committee's previous comments, the Government explains that it has introduced various programmes to promote the employment of women, including childcare leave, subsidies for childcare on worksites, and support for re-employment of workers who left the labour market to care for children or older adult relations. Please indicate the impact of these programmes on the employment of women, and any further measures taken or envisaged to ensure the free choice of employment of these workers in accordance with Article 1 of the Convention.

3. The Committee notes that the Government's report does not contain the information previously requested on the impact on employment of macroeconomic policies and structural reforms. It would be grateful if the Government would supply information on the measures and policies in fields such as investment, trade, prices, incomes, wages, and fiscal and monetary policies, as requested in the report form under Article 1. Please provide copies or extracts of reports or studies on the impact on employment of economic and social policies measures, as requested under Part VI of the report form.

4. Please describe the consultations on these matters taking place in accordance with Article 3.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the Government's report for the period ending July 1996 and the information it contains in response to its previous request. Referring also to the data published by the OECD, the Committee notes that despite an upturn in growth at the end of the period, total employment continued to grow at a very low rate, while the unemployment rate reached 3.4 per cent in 1996 which, according to the Government, is a historically high rate. The continued increase in the rate of unemployment among young people under the age of 25, which rose from 5.5 per cent in 1994 to 6.6 per cent in 1996 is also a reason for concern, as is unemployment among elderly workers.

2. The Committee notes that, according to the Government, the deterioration in the employment situation is due to the problems arising from the business cycle added to structural problems such as changes in the structure of industry brought about by advancing internationalization. In this context, the Committee notes the adoption in December 1995 of the Eighth Basic Employment Measures Plan which is aimed at reducing the unemployment rate to 2.75 per cent by the year 2000 through comprehensive measures to support job creation and occupational mobility, and to train workers so that they can adapt to changes in the structure of industry, as well as specific measures to promote the employment of young people, women and elderly workers. The Committee notes these measures with interest, and recalls that the employment policy within the meaning of the Convention also extends to other aspects of economic policy. It notes in this connection that the Government refers to the appreciation of the yen and excessive regulation as contributory factors to the slow-down in growth and the deterioration in the employment situation. The Committee refers to its previous request in which it asked the Government to provide information on the impact on employment of macroeconomic policies and structural reforms, and hopes that such information will be included in the next report, particularly as regards the contribution to employment promotion of monetary, budgetary and exchange rate policies, trade policy and the implementation of the deregulation programme.

3. The Committee notes the statistical data concerning the New Comprehensive Employment Measures, which reveal a significant increase in the number of beneficiaries. The Committee also notes the introduction of new measures for the promotion of small enterprises, and to protect employment in industries in difficulty. It asks the Government to continue to provide information on the nature and scope of the different labour market policy measures implemented, including any available evaluation of the results obtained. With regard to the employment of women, the Committee notes the aims of the Eighth Basic Employment Measures Plan and asks the Government to state the measures taken as a result of them. With reference to its previous direct request and its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee asks the Government in particular to provide information on the progress made in promoting the employment of women with medium and high skill levels.

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

1. The Committee notes with interest the Government's report for the period ending June 1994 and the information it contains in answer to the Committee's previous direct request. With reference also to the data published by the OECD, the lack of dynamism in economic activity during the period has resulted in stagnation of total employment and an increase in the rate of unemployment which rose from 2.2 per cent in 1992 to 3.1 per cent in 1994. The Government emphasizes that the slackening in employment opportunities and the restructuring of enterprises have particularly affected the situation of the labour market for wage earners and young qualified people seeking their first job. Another significant fact is the increase in the number of part-time workers which, in 1993, accounted for over 18 per cent of total employment and of which two-thirds were women.

2. The Committee notes the Seventh Basic Employment Measures Plan adopted in June 1992 of which the text was supplied by the Government. It notes in particular with interest that in it the Government commits itself to supporting the efforts of workers and employers to adapt the long-term employment system to which they adhere to the ageing population and to foreseeable changes in the industrial structure. In order to avoid instability of employment, measures will have to be taken to ensure that the labour market allows greater worker mobility without leading to unemployment. With regard to workers who are outside this system, the plan aims at improving their employment and work conditions, particularly in regard to length of work and holidays. The Committee also notes the stress placed by the plan on the promotion of training by enterprises, particularly through the granting of training leave to workers. The Government could, in this respect, refer usefully to the 1974 instruments on paid education leave and to the General Survey the Committee devoted to that subject in 1991. The Committee would be grateful if the Government would specify the measures actually carried out in application of the guidelines set out in the Plan.

3. The Government indicates, moreover, that in order to promote employment in the shorter term at a time of weak growth in the economy, in December 1993 it adopted a programme to assist employment designed to maintain existing employment by strengthening the subsidy system for firms which endeavour to maintain employment and by improving the grants system for job applicants having particular difficulty in integrating. Specific incentive measures for creation of employment are also implemented in favour of small and medium-sized enterprises. The Committee notes that, according to the Government, it is difficult to evaluate the effect of these various measures. Nevertheless, it requests the Government to supply all available data enabling their scope to be assessed.

4. The Committee notes the adoption of new measures to promote employment for particular categories of workers. According to the Government, "remarkable improvements" have been noted in application of the law of 1985 on equality of opportunity and salaries between men and women. It would be grateful if the Government would supply in its next report statistical information justifying this satisfaction - especially at the middle or higher professional level. The Committee notes the entry into force of the law on the improvement of employment for part-time workers and requests the Government to supply information on its application. Noting that the unemployment rate of older workers has continued to increase despite application of the Employment Stabilization of Older Persons Law, it invites the Government to indicate whether it envisages new measures to promote the employment of this category of workers which it emphasizes is called on to play an increasingly important part in the economy. Please also continue to supply information on measures designed to encourage the integration of young people in their first job.

5. Finally, the Committee would be grateful if the Government would supply information on the macroeconomic policies and structural reforms in regard to their expected or actual effects on employment. It notes that the Government does not intend to redefine its employment policy. It has no doubt that in the event that the employment situation moves too far away from the objectives laid down in Article 1 of the Convention, the Government would not fail to apply the provisions of Article 2 which require that it should decide on and keep under review, within the framework of a coordinated economic and social policy, the measures to be adopted for attaining the objectives of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes with interest the Government's report for the period ending June 1992 and the detailed information provided in answer to the Committee's previous direct request. The information in the report and OECD data show that, linked to continued rapid growth in economic activity, employment continued to increase in 1990 and 1991 at the rate of 1.9 per cent per year, and the unemployment rate stabilized at 2.1 per cent - the unemployment rate was approximately twice as high for young people (of from 15 to 24 years) and older workers (of from 60 to 64 years). The slow-down in activity none the less caused employment growth to drop to 1.1 per cent in 1992 and sent the unemployment rate up to 2.2 per cent. Furthermore, the Committee notes that the economic recession which began after the end of the reporting period has further slowed down employment growth, an estimated 0.7 per cent in 1993, the unemployment rate reaching 2.5 per cent (which is none the less 6 percentage points lower than that of the OECD countries as a whole). The Government indicates that tensions in the labour market eased although small and medium-sized enterprises are still short of labour. The Government states that there was a drop in the job supply and demand ratio, which varies from region to region, and that it was less than one unit only for older workers. The Committee also notes that the share of part-time employment rose from 14.9 per cent in 1990 to 17.1 per cent in 1992.

2. The Government states that the seventh Basic Employment Measures Plan was adopted in June 1992 to cope with the ageing population and stagnation of the active population in the medium and long term. The Committee would be grateful if the Government would provide the text of the above Plan. The Committee notes that the purpose of the Plan is to match labour supply and demand at a time of a labour shortage, and asks the Government to indicate whether, in view of the present economic recession and lower growth in labour demand, it plans to redirect the general lines of its employment policy, in accordance with Article 2 of the Convention.

3. The Committee notes that in answer to its comments concerning measures taken within the framework of employment development projects for depressed industries and regions, and older persons, the Government indicates that they have contributed to improving the employment situation. It would be grateful if the Government would provide any available evaluations of their direct impact on the employment of the categories of workers concerned. The Committee also reminds the Government that it is interested in information on the coordination of education and training policies with employment prospects.

4. The Committee notes the information on the implementation of the Equal Employment Opportunity Law, 1985. It notes in particular that in 1991 employment services specializing in advice and guidance for women and their recruitment were established and that, according to the Government, they contribute to enforcing the Law, although there are no penal provisions. Furthermore, the voluntary supervision system in enterprises was stepped up during the period. The Government again states that the 1991 law establishing child care leave should encourage the employment of women. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote the employment of women, and on their effect. With regard to women in part-time work, the Government provides the results of a 1990 survey which suggests that such employment was freely chosen by those concerned in the great majority of cases. Please continue to provide information on the impact of part-time work.

5. The Committee notes that the Employment Council and the Central Employment Security Council were consulted on a number of Bills concerning employment policy. It would be grateful if in its next report the Government would inform it of the opinions expressed during these consultations by the representatives of employers' and workers' organizations, and provide any relevant documents.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the Government's report for the period ending June 1990, which contains information in reply to its previous direct request. It also notes the comments of the Japanese Trade Union Confederation (JTUC-RENGO) and the Government's reply. The information provided by the Government and contained in OECD reports and surveys show that, together with a sustained growth of economic activity, employment growth continued at a rate of 1.9 per cent in 1989 and 2 per cent in 1990, while the unemployment rate, which was already relatively low (2.5 per cent in 1988), continued to decrease to the level of 2.1 per cent in 1990, which was slightly below the objective of 2.5 per cent set for 1992 by the basic plan for employment measures. The unemployment rate is nevertheless substantially higher than average for young persons (4.4 per cent for the 15-24 age group in 1989) and older workers (4.2 per cent for the 60-64 age group in 1989). The Government states that there are also imbalances on the labour market in certain regions and certain sectors of economic activity and that shortages of labour are to be feared.

2. The Committee notes the information concerning the measures that have been taken within the framework of employment development projects for depressed industries and regions and older persons. It would be grateful if the Government would continue to supply information on the implementation of these measures and if it would transmit any assessments that are available on their impact on employment. The Committee also notes the adoption in June 1990 of an amendment to the Law concerning the stabilisation of employment of older persons and requests the Government to give details in its next report of the measures adopted following the coming into force of the above amendment. With regard to the employment of young persons, the Committee notes the information concerning the strengthened vocational training and guidance measures. Please continue supplying information on the measures taken to coordinate education and training policies with prospective employment opportunities.

3. The Committee notes the information concerning the implementation of the provisions of the Equal Employment Opportunity and Treatment between Men and Women Law (No. 113 of 1972). The Government refers in particular in this context to the establishment of a voluntary system to check the position of women workers, as well as advisory and information activities for employers. The Committee however notes that, according to the Japanese Trade Union Confederation (JTUC-RENGO), the absence of any sanction for the non-observance of the objectives set by the Law limits their effective implementation in practice. The Japanese Trade Union Confederation also expresses concern with regard to part-time jobs, a great majority of which are occupied by women who have not voluntarily chosen that form of employment. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged, in accordance with Article 1, paragraph 2(c), of the Convention, to ensure that there is freedom of choice of employment for each worker, irrespective of their sex and whether the job is full or part-time, and to ensure that equal treatment is enforced.

4. The Committee notes that representatives of employers' and workers' organisations participate in the work of advisory councils set up by the Government to examine employment policy measures and that they are consulted concerning draft legislation respecting employment. Please continue to supply information on the activities of these councils and transmit a copy of their reports.

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

The Committee has noted with interest the Government's first report for the period ending 30 June 1988. It also notes the Sixth Basic Employment Measures Plan (BEM Plan) formulated in June 1988, as well as a variety of legislation providing for measures related to employment policy, such as the law respecting special measures for employment security of workers in specified depressed industries (No. 39 of 1983), the Area Employment Development Promotion Law (No. 23 of 1987), and the law respecting temporary measures for smoother structural adjustment of industries (No. 24 of 1987). The Committee notes in particular that employment policy as a whole is promoted with the target, enshrined in the legislation, of "achieving full employment" and that efforts are made to ensure close co-ordination between employment policy objectives and other economic and social objectives, based on the judgement that these objectives are closely and inseparably related to each other. The data supplied by the Government or contained in the OECD reports show that a high rate of increase of the GDP in 1987-88 was accompanied by an increase in employment (by 1.0 per cent and 1.7 per cent in 1987 and 1988) mainly due to part-time employment, while the unemployment rate remained during the period at a relatively low level by international standards (2.8 per cent in 1986-87) and even slightly declined in 1988 to 2.5 per cent, whch happens to be the same as the target for 1992 set by the current BEM Plan.

The Government describes in its report the "Employment Development Projects for Depressed Industries and Regions and Older People" (implemented in fiscal 1988) as employment measures to cope with the transformation of the economic structure into a domestic demand-led one. The Committee would be grateful if the Government, which expresses its fears that structural employment problems will be aggravated, would continue providing information on such selective measures, especially on the practical application of the above-mentioned laws, including statistical data. It hopes that such information would cover not only the measures taken by the Ministry of Labour but also by other ministries and agencies concerned, and both the measures to assist employers and other forms of measures.

Noting that the Sixth Basic Employment Measures Plan places the issues of "Internationalisation" of the economy and foreign workers among the basic items of employment measures, the Committee asks the Government to include in its future reports information in this respect.

The Committee notes from the statistics included in the Government's report that unemployment rates are particularly higher than the rate for all ages (2.5 per cent in July 1988) in two age groups, namely the youngest one (4.5 per cent in 15-24 age group) and the oldest one (2.7 per cent in over 55, especially 4.7 per cent in 60-64).

As to the aged people, the report also includes the ratio of job offers to jobseekers at employment offices which is extremely low, and which demonstrates the labour market conditions difficult for them. The Committee takes note of the Government's indication of measures taken under the Law concerning the employment security of aged persons (No. 68 of 1971), and hopes that the Government will continue providing information on measures taken or envisaged for aged people. On the other hand, the ratio of job offers to jobseekers in the young age groups are not lower than the ratio for all ages. The Government remarks that the labour market for young persons, in particular for fresh school graduates, is characterised by a large excess of demand over supply. The Committee hopes that the Government's next report will include further information on young persons in the labour market with special reference to the backgrounds of the high unemployment rate in spite of the labour demand, and on the measures taken or envisaged regarding young persons.

The Committee also notes that the Sixth Basic Employment Measures Plan includes the measures for part-time workers in Part III, Chapter 4 on "Measures in response to the increase of women workers, etc". The Committee asks the Government to supply in its next report information on measures taken with a view to ensuring freedom of choice of employment and equal opportunity, irrespective of sex, both in part-time and in full-time employment (Article 1(2)(c) of the Convention).

Regarding women workers, the Government describes measures taken under sections 22, 23 and 24 of the "Equal Employment Opportunity Law" (No. 113 of 1972) such as provision of vocational guidance and promotion of vocational training. Noting that other general employment measures described in the Government's report often take the form of assistance to the positive efforts made by employers, the Committee requests the Government to include in its future reports information on the practical application of Chapter II, Part I of the Equal Employment Opportunity Law, in particular of sections 7 and 8 which call for efforts of employers to give women equal opportunity or treatment with men in recruitment or assignment, etc.

Finally, the Committee would be grateful if the Government would supply further details on the scope and results of the consultations, whether formal or informal, held with the representatives of the various persons affected by the measures to be taken, as defined by Article 3, i.e. representatives of employers' and workers' organisations and of other sectors of the economically active population.