Employment Service Convention, 1948 (No. 88) - Japan (Ratification: 1953)

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

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The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) as well as of National Confederation of Trade Unions (ZENROREN) communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 1, 2, 3 and 11 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s update on legislative and other initiatives implemented during the reporting period and on the number of the entities forming the public employment service (PES) in May 2023. Public Employment Security Offices were present in 436 locations, two of which are dedicated to day laborers; Public Employment Security Branch Offices were present in 95 locations, four of which are dedicated to day laborers, and Public Employment Security Branch Stations were present in 13 locations. The Government reports that in 2022, this nationwide network of PES offices and the independently implemented employment measures of local governments, which also offer free employment placement services, assisted 2,819,752 jobseekers and mediated 652,431 into employment; in January 2023, 262,643 received assistance, resulting in 42,931 employment placements. The Committee notes the observations of JTUC–RENGO, emphasizing the need to improve the cooperation of the Public Employment Security Office and local governments, as well as other organizations to enable foreigners in Japan and abroad to find employment and improve their integration into the community. The Committee also notes that in reply to its questions, the Government, while describing the relationship between the PES and private placement businesses as non-exclusive, indicated that as part of the Hello Work programme, PES widely provides information to its private partners and also directs jobseekers to those partners. The Committee requests the Government to provide information on the legislative measures and initiatives implemented and the impact and effectiveness of those. It requests the Government to provide more detailed information on the manner in which the synergies between the PES and the private employment agencies are ensured. It also requests the Government to continue to provide information on the number of: public employment offices established, employment applications received, vacancies notified and persons placed in employment by the PES, disaggregated by central and local levels. Lastly, in light of the observations made by JTUC-RENGO, the Committee requests the Government to provide information with respect to the type and scope of employment services provided to migrant workers.

Articles 4 and 5. Participation of the social partners. The Government indicates that the deliberations of the Employment Security Division of the Labour Policy Council, composed of workers and employers from the public sector addresses, inter alia, job placement and vocational guidance, promoting reemployment particularly for older persons, regional employment development, and labour and demand systems in the private sector. The Committee requests the Government to continue to provide information on the contributions made by the social partners within the Labour Policy Council or any other tripartite body, including at the local government level, in the organization and operation of the PES and the development of employment service policies.

Article 7(b). Measures to meet the needs of particular categories of applicants for employment. The Committee notes that in reply to its previous request, the Government describes measures targeting former nursing and care workers, as well as mothers. It also elaborates on the proposed legislative measures considered by the Subcommittee on Employment of Persons with Disabilities of the Labour Policy Council and the measures focusing on persons with disabilities, including workers with mental disabilities. The Committee requests the Government to provide detailed information concerning the arrangements made to give effect to this Article, including the occupations, industries and special categories of jobseekers for which special arrangements have been made.

Article 9. Staff of the PES. The Committee notes the observations of ZENROREN, deploring lay-offs of permanent employees and their replacement with non-permanent workers. In April 2023, there were 20,123 non-permanent employees, while there was a decrease in permanent workers from 1968 to 2023, falling from 14,606 to 10,219 officials in April 2023 – a level significantly lower than in other industrialized countries. According to ZENROREN, the fluctuation of non-permanent staff, who are employed for between one and three years, negatively affects their training and therefore reduces institutional memory and the quality of services they provide. ZENROREN claims that negotiations in this respect with the Government were unsuccessful, and calls for more permanent employment in the PES. The Committee requests the Government to provide detailed information concerning the status and conditions of service of the employment services staff, and general information concerning the methods of recruitment and selection of this staff. Furthermore, it requests the Government to indicate the arrangements made to ensure the training of employment service staff for the performance of their duties, including: (a) arrangements for their initial training at the time of appointment to the service; and (b) arrangements for subsequent training.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO) communicated with the Government’s report.

Articles 1, 2, 3 and 11 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s indication that initiatives have been taken for the strengthening of the labour market with the national and local governments and private sector working together. It adds that government plays a key role of providing a safety net for the guarantee of the right to work throughout the country by the following means: (a) job placement through the national network of the Public Employment Security Offices; (b) management of the unemployment insurance system; and (c) operation of employment measures. Moreover, the Government indicates that the public employment service and private employment agencies will exert a synergistic effect by establishing a complementary relationship as they have their own roles to play and their own strengths. The Committee notes from the report that, as of 31 May 2015, there were 436 Public Employment Security Offices, 95 branch offices and 13 local offices throughout the country. The Committee requests the Government to provide information on the impact and effectiveness of the activities carried out by the employment service. It also requests the Government to provide more detailed information on the manner in which the synergies between the public employment service and private employment agencies are ensured. Please also continue to provide information on the number of public employment offices established, the number of employment applications received, the number of vacancies notified and the number of persons placed in employment by the offices.

Articles 4 and 5. Participation of the social partners. In its observations, JTUC–RENGO indicates that, while the Government makes decisions on overarching policies and frameworks on important items concerning employment and labour in committees in which no workers’ representatives participate, the deliberations in the tripartite Labour Policy Council are carried out only within the scope of putting into practice the overarching policies and frameworks that have already been decided. In its response, the Government indicates that, whether discussions are previously held in other bodies or not, the Labour Policy Council considers all angles of important matters of labour policies. The Committee notes from the report the matters that were discussed in tripartite bodies, including the Labour Policy Council, in the 2010–15 period. The Committee requests the Government to continue to provide information on the contributions made by the social partners within the Labour Policy Council or any other tripartite body in the formulation of recommendations on matters related to the Convention.

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

Organization and functions of the employment service. The Committee notes the Government’s reports supplied in November 2009 and September 2010, which included observations by the Japanese Trade Union Confederation
(JTUC–RENGO). The National Confederation of Trade Unions (ZENROREN) also supplied observations in September 2010. In reply to the 2008 observation, the Government’s report included an evaluation of the 2006 model project for market testing aimed at securing recruitment in three regions with difficult employment conditions. It further provided an evaluation of the performance of other projects for career interchange for middle- or advanced-aged white-collar jobseekers and other long-time unemployed persons. The Committee also notes that the retained employment rate in those regions, where the career interchange project was implemented by the Government stood at 44.6 per cent and exceeds that of those regions in which the project was implemented through private intermediaries and only resulted in 39.6 per cent. JTUC–RENGO reiterates that the Public Employment Security Offices are the core local institutions concerning employment measures and the front-line agencies for directly contacting jobseekers and employers. In 2010, the Government indicated that the Public Employment Security Offices are a basis of various employment measures of the Government and that they should not be transferred to local municipalities. Also, the service system of the national network should be maintained firmly and continuously. As in its previous observation, the Committee invites the Government to include in its next report updated information on the ability of the public employment service to ensure the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources.

Development of employment offices throughout the country. In its previous observation, the Committee noted that, in April 2007, 466 Public Employment Security Offices, 100 branch offices and 18 local offices existed throughout the country. In 2009, the Government reported that, in April 2009, 437 Public Employment Security Offices existed, including 95 branch offices and 13 local offices. The Committee notes that in 2009 JTUC–RENGO indicated that any specific plan for the reorganization and winding up of public offices should be not only explained to local trade unions, employers’ associations and local governments, but also be subject to approval by the Labour Policy Council. In 2010, the Government added that in reviewing the geographical distribution and the local needs, including the workload and changes in local demand, new Public Employment Security Offices have been established in areas with relatively high workloads and others have been consolidated in areas with relatively low workloads. This has resulted in a review of 58 offices between 1 June 2005 and 31 May 2010. As a result, one new office has been newly established and 57 offices have been consolidated. The Committee requests the Government to continue to report on the process based on which the organization of the network of employment offices is reviewed, and the extent to which the social partners participate in such process. The Committee would also welcome receiving information on the steps taken to ensure that such offices are sufficient in number to serve each geographical area of the country and that they are conveniently located for employers and for workers (Article 3).

Participation of the social partners. The Committee notes JTUC–RENGO’s request asking that, if the Government was to revise the structure of the Employment Bureau, such should be subject to the approval of the Labour Policy Council, the tripartite advisory body comprising representatives of the public, unions and employers’ organizations. In this regard, the Committee notes the Government’s intention to respect ILO Conventions and the discussion that already had taken place twice in the Council’s framework. The Government reiterates that, taking into account Article 4(1) of the Convention, the Government will continue to make use of the framework of the Labour Policy Council. The Committee welcomes this approach and invites the Government to include in its next report information on the contribution made by the Labour Policy Council or any other tripartite framework in the formulation of recommendations in the matters related to the public employment service (Articles 4 and 5 of the Convention).

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

Organization and functions of the employment service. The Committee notes with interest the comprehensive information and detailed statistics provided in the Government’s report received in November 2007, including the information provided in response to the Committee’s 2005 observation. The Committee also takes note of the comments provided by the Japanese Trade Union Confederation (JTUC-RENGO) in November 2007, attached to the Government’s report. In particular, the Committee takes note of the comments expressed by JTUC-RENGO concerning a “marketization test” introduced by the Government on the free employment exchange services offered by the Public Employment Security Offices. JTUC-RENGO expresses its concern that the participation of private services may lead to a loss of emphasis by the Public Employment Security Offices on providing support to people who have difficulty in finding work. The Committee hopes that the Government’s next report will provide more information on the implementation of the “marketization test” as referred to by JTUC-RENGO. The Committee would also welcome receiving information on the results of the “marketization test”, and any corresponding implications on the ability of the public employment service to ensure the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources.

Development of employment offices throughout the territory. The Committee takes note of the concerns expressed by JTUC-RENGO over the decreasing number of employment security offices in the light of plans for their merger or closure. JTUC-RENGO also expressed the concern that a reduction in the number of public employment security offices will hamper the accessibility to such services by both workers and employers. The Committee notes from the Government’s report that, as at 1 April 2007, 466 Public Employment Security Offices, 100 branch offices and 18 local offices were in existence throughout the country. The Government reports that between June 2005 and May 2008, 19 locations were reviewed, with one new location being established and 18 either merged or closed down. The Committee requests the Government to also indicate in its next report information on the process by which the organization of the network of employment offices are reviewed, and the extent to which social partners participate in such a review process. The Committee would also welcome receiving information on the steps which are taken to ensure that such offices are sufficient in number to serve each geographical area of the country and are conveniently located both for employers and workers.

[The Government is requested to reply in detail to the present comments, in 2009.]

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

Organization and functions of the employment service. The Committee notes the Government’s detailed report on the application of the Convention for the period 1998-2005. The Japanese Trade Union Confederation (JTUC-RENGO) observed in its report that, since 2005, there has been a partial privatization of sectors linked to the Public Employment Security Offices. JTUC-RENGO expresses its concern that this may lead to the opening of the Public Employment Security Offices to the private sector in the future. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122) and of the Private Employment Agencies Convention, 1997 (No. 181), and requests the Government to describe more precisely the manner in which, in the context of the new organization referred to by JTUC-RENGO, a national system of employment offices under the direction of a national authority (Article 2 of the Convention), carries out the functions contemplated in Article 6 of the Convention.

[The Government is asked to reply in detail to the present comments in 2007.]