Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  Article 2 of the Convention.  With reference to its previous comments, which were based on the observations made in a communication from the Tokyo Union of Community Workers (TUCW), the Committee notes the Government’s statement that workers with daily contracts and workers engaged for a fixed term are excluded from the scope of the law respecting parental leave and family leave, since the nature of their contracts is incompatible with the leave provided, which may be of long duration. The Government repeats its explanation that it is the real nature and not the formal denomination of the contract which determines whether or not the worker benefits from the provisions of the above law. The Committee would be grateful if the Government would indicate whether the decision to grant such leave is left at the discretion of the employer. It also recalls that, in accordance with Article 2, the Convention applies to all branches of economic activity and all categories of workers. It therefore requests the Government to indicate the measures which have been taken or are envisaged to take into account the specific needs of daily workers with regard to their family responsibilities. It would also be grateful to be informed whether these workers benefit from other measures set out in the legislation for the harmonization of working and family life, such as social security, allowances for dependent children, etc. With regard to unorganized workers and workers in small enterprises, the Committee notes that the percentage of enterprises which have established parental and family leave is not lower for enterprises which do not have an organized trade union than for enterprises where there is a trade union. It also notes that workers are entitled to such leave, even where it is not envisaged in their enterprise rules.

2.  The Committee notes the Government’s explanation with regard to section 67 of the law respecting minimum working conditions, which provides for additional hours to care for a child under the age of 1 year.

3.  Article 3.  The Committee notes the Government’s indication that entitlement to parental or family leave is envisaged for men and women without distinction in accordance with the law, as is the right to apply for a reduction in overtime hours. The Government also indicates that it is continuing its efforts to promote the concept of family-friendly enterprises, by introducing various measures designed to harmonize working and family life, such as employment flexibility, etc., for both men and women. The Committee thanks the Government for this information. In its previous direct request, it had noted with interest Law No. 9 of 2 July 1992 respecting temporary measures to promote the reduction of working time. It noted that the objective of this law (harmonizing the reduction of working hours) had resulted in a general improvement in working conditions for all workers even though, as noted by the Government, this was not the actual purpose of the law. The purpose of the Convention is to address the issue of family responsibilities since the burden of these responsibilities on workers could maintain existing inequalities between the sexes, or create new inequalities between them. The preamble to the Workers with Family Responsibilities Recommendation, 1981 (No. 165), states that "a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women". An improvement in the working conditions of all workers is therefore useful for the achievement of the aims of the Convention, since it allows men to increase their sharing of family responsibilities. In this respect, the Committee once again hopes that the Government will provide information in future reports on the application of this law in practice.

4.  Article 4.  The Committee notes the information concerning section 12(6) of the regulations issued under the law respecting minimum working conditions (No. 23 of 1947), under which labour inspectors shall issue the necessary instructions to employers respecting the obligation which has been imposed upon them since 1 April 1999 to take into account the needs of workers with fixed-term contracts to take parental and family leave. With reference to point 1 of this direct request, the Committee requests the Government to indicate whether daily workers are covered by this provision.

5.  The Committee notes the various systems of crèches and of childcare developed and established under the law respecting the welfare of children.

6.  Article 6.  The Committee notes that information and public awareness campaigns are being undertaken for employers and workers. In particular, the Government refers to monthly information campaigns on "equality of opportunity between men and women" and "on the harmonization of work and families". The Committee would be grateful if the Government would provide the results of any surveys or studies which may have been undertaken to evaluate the impact of these campaigns on employers and workers and the effect that they have had on their attitudes.

7.  The Committee notes the recent adoption of the fundamental law to promote a society with the joint participation of men and women, No. 78 of 23 June 1999. It would be grateful if the Government would provide information in future reports on the application of this law in practice and on the activities of the Committee established under the above law. It would also be grateful to be provided in future with copies of the annual report prepared by the above Commission respecting the joint participation of men and women in society.

[The Government is asked to report in detail in 2001.]