Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information, including statistics, supplied by the Government on the manner in which national law and practice give effect to the Convention. It also notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) on the subject and also the Government’s reply to these comments.

Part V of the report form. Application of the Convention in practice. The Committee notes that the national legislation concerning industrial accident compensation applies, in conformity with the provisions of the Convention, to both nationals and foreigners who work in Japan. In its comments concerning the application of the Convention, JTUC–RENGO refers to problems connected with compensation for foreign workers injured in industrial accidents who are working without a work permit and who, as a result of pressure from their employers or out of fear of expulsion, do not seek compensation or the coverage of medical costs. Moreover, the abolition in 2006 of the obligation to report on compensation paid to such workers in cases of industrial accidents has made it difficult to evaluate the situations concerned. The abovementioned organization also refers to a practice whereby vocational and technical training programmes are not used for their intended purposes and foreign apprentices are employed covertly without being insured against industrial accidents. In its reply to the aforementioned comments, the Government confirms that the reporting procedure concerning cases of compensation to the victims of industrial accidents who could be considered as illegal workers was abandoned in 2006. Nevertheless, in view of the situation of these workers, the Government indicates that it has decided to resume the collection of information in this field by calling for reports with a retroactive effect since 2006.

The Committee notes this information and would be grateful if the Government would continue to keep it informed of the manner in which national law and practice give effect to the Convention. It also requests the Government to supply further details in its next report on the allegations of covert employment affecting foreign apprentices who thus may be deprived of the insurance coverage in respect of industrial accidents, and, also, if applicable, on any measures taken or contemplated in order to combat this practice.