Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Japon (Ratification: 1999)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), received together with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

In its previous comments, the Committee recalled the recommendations of the tripartite committee established to examine a representation alleging non observance by Japan of the Convention (document GB.313/INS/12/3). It expressed the firm hope, in the same way as the tripartite committee, that amendments to the Worker Dispatch Law would ensure “adequate protection” for all workers employed by private employment agencies in accordance with Articles 1, 5 and 11 of the Convention. Noting that the Bill for Partial Revision of the Act for Securing the Appropriate Operation of Worker Dispatch Undertakings and the Protection of Dispatch Workers (the amended Law) was enacted on 11 September 2015, the Committee requested the Government to provide detailed information on the amended Law in relation to each of the provisions of the Convention. The Committee regrets that the Government’s report does not fully respond to its previous request. In its observations, the JTUC–RENGO indicates that the amended Law effectively abolished the existing three-year limitation on worker dispatch arrangements. The JTUC–RENGO adds that, by shelving the introduction of the principle of equal treatment, the amendments threaten to roll back worker protections and expanded the number of “those who will be low pay dispatch workers for life”. The JTUC–RENGO calls for firm adherence to the principle that dispatch work is irregular and temporary and to the application of the principle of equal treatment. It expresses concern that the number of dispatched workers with poor working conditions will continue to increase under the amended Law. The JTUC–RENGO therefore urges verification of the situation of dispatched workers following the adoption of the amended Law, as well as a revision of the Law that will ensure the protection of dispatch workers in terms of employment stability and improved treatment. The Committee reiterates its request that the Government provide detailed information on the content and application of the amended Law in relation to each of the provisions of the Convention, with particular focus on Articles 1, 5 and 11.

Articles 10 and 14 of the Convention. Investigation of complaints and adequate remedies. The Committee notes the Government’s indication that in 2014, 1,589 instances of written administrative guidance were made in relation to Employment Security Act violations compared to 8,788 instances concerning Worker Dispatch Law violations. During the same year, 71 persons were received by the Public Prosecutor’s Office for Worker Dispatch Law violations and 83 for Employment Security Act violations. In its observations, the JTUC–RENGO points out that there are numerous problems arising out of working conditions for dispatch workers that are different from those advertised. These include issues of: employment status (whether or not a worker is a regular employee); probationary periods and wages; overtime pay; work hours and content of work. It adds that the number of such cases is increasing due to the rapidly growing number of job search websites. In this regard, the JTUC–RENGO stresses that when their actual working conditions differ from the conditions advertised, the only recourse available to dispatch workers is to immediately terminate their contract. The Committee requests the Government to continue to provide information on the number and nature of the complaints received in relation to the activities of the private employment agencies in placing dispatch workers. It also requests the Government to provide information on the remedies available in the event of violations of provisions of the Convention, an evaluation of the adequacy of such remedies, and statistics, disaggregated by sex, age and economic sector, with respect to the source of complaints.

Article 11. Measures to ensure adequate protection for workers employed by private employment agencies. The Government indicates that the amended Law includes measures to promote employment stability and career development for dispatched workers, including provisions requiring dispatch business operators to provide education and training to dispatched workers and career consulting services to applicants. The Committee notes, however, the observations of JTUC–RENGO indicating that the three-year limit placed by the amended Law on dispatching arrangements does not guarantee in practice the direct employment of dispatched workers at the expiration of the three-year period. The JTUC–RENGO also points out that the educational training measures of dispatched workers are insufficient to allow dispatched workers who wish to become regular employees to advance in their careers. The Committee notes the Government’s indication that the amended Law also includes measures to ensure equality of treatment of dispatched workers. In particular, the Government refers to the obligation of dispatch business operators to provide the dispatched worker with an explanation of the elements considered in determining their salary. Moreover, dispatch receiving companies are obligated to give consideration to providing information to the dispatch business operator regarding the salary levels of workers who are in a similar position to the dispatched workers. The companies are also required to allow dispatched workers to use health and welfare facilities on an equal footing with the rest of its workers. In this respect, the JTUC–RENGO points out that the amended Law establishes only the obligation to take into consideration the principle of equal treatment for dispatched workers. It therefore calls for the adoption of measures aimed at achieving fundamental improvements in the treatment of dispatched workers. The Committee requests the Government to provide information on the application in practice of the amended Law in terms of promoting employment stability and career advancement of dispatched workers and ensuring equality of treatment. In addition, the Committee requests the Government to indicate whether the authorities responsible for the application of the abovementioned legislation or tribunals have rendered decisions involving these matters which relate to the application of Article 11 of the Convention.