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

Equal Remuneration Convention, 1951 (No. 100) - Japan (Ratification: 1967)

Other comments on C100

Observation

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The Committee notes the observations of the Zensekiyu Showa-Shell Labor Union received on 17 December 2012, to which the Government replied in its report, as well as the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were annexed to the Government’s report received on 30 September 2013. It further notes the observations received on 6 August 2013 from the Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers as well as the observations of the National Confederation of Trade Unions (ZENROREN), received on 25 September 2013.

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

The Committee recalls the report adopted on 11 November 2011 of the tripartite committee established by the Governing Body to examine the representation submitted by the Zensekiyu Showa–Shell Labour Union (GB.312/INS/15/3). The tripartite committee concluded that further measures were needed, in cooperation with workers’ and employers’ organizations, to promote and ensure equal remuneration for men and women for work of equal value in law and practice in accordance with Article 2 of the Convention, and to strengthen the implementation and monitoring of the existing legislation and measures, including measures to determine the relative value of jobs (paragraph 57).

Articles 1 and 2 of the Convention. Work of equal value. Legislation. For a number of years, the Committee has been pointing out that section 4 of the Labour Standards Law, which provides that “an employer shall not engage in discriminatory treatment of a woman as compared to a man with respect to wages by reason of the worker being a woman”, does not fully reflect the principle of the Convention. The Government indicates that in order to clarify the interpretation of section 4 of the Labour Standards Law, the related Notification was revised in December 2012, and some court cases relating to section 4 of the Labour Standards Law were added as references. A brochure of relevant court cases was also prepared for employees to verify whether their payroll system had substantial gender discrimination. The Government reiterates that as long as the payroll system does not allow any discrimination in wages between men and women only by reason of the worker being a woman, it is considered to meet the requirements of the Convention. While noting the Government’s views, the Committee is bound to reiterate that only prohibiting sex-based wage discrimination does not capture the concept of “work of equal value”, which is fundamental to tackling occupational sex segregation in the labour market (see General Survey on the fundamental Conventions, 2012, paragraphs 673–676). The Committee also notes the views expressed by Zensekiyu Showa–Shell Labor Union, Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers that the principle of equal remuneration for work of equal value is not considered as a principle that directly regulates employment relations, thereby creating a significant barrier to pay equity. In addition, JTUC–RENGO observes that the Government’s interpretation of section 4 of the Labour Standards Law in the Notification limits the scope of the discrimination to be eliminated and does not directly deal with equal remuneration for men and women for work of equal value. The organization reiterates its request for the inclusion of a clause prohibiting wage discrimination based on sex in the Equal Employment Opportunity Law (EEOL), and for “sex” to be added as a ground of discrimination in section 3 of the Labour Standards Law. The Committee once again urges the Government to take immediate and concrete measures to ensure that there is a legislative framework clearly establishing the right to equal remuneration for men and women for work of equal value and appropriate enforcement procedures and remedies. The Committee asks the Government to provide detailed information on the measures taken and the progress achieved in this regard, as well as information on any revision of the current labour legislation which could have an impact on equal remuneration for men and women, and on any judicial or administrative decisions relating to equal pay.

Practical measures to address the gender pay gap and promote gender equality. The Committee notes the detailed information provided by the Government regarding the measures taken to address the differences between men and women in employment positions and in the number of years of employment through positive action and support for the reconciliation of work and family responsibilities. Noting that the gender pay gap remains significant (27.8 per cent in 2012), the Committee asks the Government to step up its efforts to encourage enterprises to take positive measures aimed at narrowing the gender pay gap, including regarding the access of women to managerial positions and the reconciliation of work and family responsibilities for both men and women on an equal footing. The Government is requested to report on the measures taken and the results achieved.

Non-regular employment: Part-time and fixed-term employment. The Committee has previously noted that in Japan “non-regular employment” refers to part-time and fixed-term work. With respect to part-time employment, the Committee notes from the Labour Force Survey of 2012 that women workers constituted 69.2 per cent of all part-time workers. According to the JTUC–RENGO, the wages and working conditions of many part-time workers remain at low levels and their wages hardly increase with their age or length of service. The Committee recalls section 8 of the Part-Time Workers Law, which prohibits discriminatory treatment in the determination of wages only in the case of part-time workers who meet specific criteria: their job descriptions and the level of responsibilities are equal to those of regular workers; they have concluded an employment contract for an indefinite period; and, during the contract period, any change in their job description or assignment corresponds to what a regular worker could also expect. The Committee notes that, according to ZENROREN, an official survey showed that, due to these criteria, in practice only 1.3 per cent of part-time workers enjoy equal treatment with their full-time counterparts. JTUC–RENGO reiterates its calls for the revision of section 8 on equal treatment and the inclusion of a provision concerning the payment of divisible benefits with monetary value to part-time workers. In its report, the Government indicates that legislative measures will be taken to amend the provisions prohibiting discriminatory treatment. The Committee notes with interest the adoption of Law No. 27 of 2014 to amend the Part-Time Workers Law. Law No. 27 amends several provisions, including section 8(1) on the prohibition of discrimination so as to remove the requirement relating to the conclusion of a contract for an indefinite period of time, and therefore extends the prohibition of discriminatory treatment to part-time workers with a fixed-term contract who fulfil the two remaining criteria. Recalling that the Convention applies to both full-time and part-time workers, the Committee asks the Government to provide detailed information on the content and scope of the amendments to the Part-Time Workers Law and their impact on the situation of part-time workers with respect to remuneration, including the proportion of part-time men and women workers now covered by the prohibition of discrimination. The Committee also asks the Government to continue taking measures to ensure that part-time workers and full-time workers are treated equally with respect to the principle of the Convention. The Committee once again asks the Government to provide information on the results achieved in practice in promoting conversions from part-time status to regular status, and to continue providing statistical information disaggregated by sex on the number of part-time workers.

The Committee notes that, according to the Zensekiyu Showa–Shell Labor Union, the disparities in wages between men and women are connected to disparities in working conditions, including seniority, between workers in regular and non regular employment, with women being concentrated in the latter. With respect to fixed-term employment, the Committee notes that the amendment of the Labour Contract Law adopted in August 2012 and in force since April 2013, provides for a mechanism requiring the employer to convert fixed-term employment contracts into employment contracts for an indefinite period at the employee’s request when fixed-term contracts are renewed repeatedly for more than five years. It also prohibits the termination of fixed-term employment contracts under “certain circumstances”, as well as the imposition on fixed-term workers of working conditions that are “unreasonably different” from those of workers under contracts for an indefinite period. In this respect, the Committee notes the Government’s reply to the Zensekiyu Showa–Shell Labor Union that “unreasonably different” working conditions are determined taking into account job descriptions (duties and level of responsibilities), scope of duties, job rotation and other factors. The Committee also notes that JTUC–RENGO asserts that there are many cases in which employers set different wage standards for fixed-term workers. For its part, ZENROREN expresses concern that, since the working conditions (duties, place of work, salary, hours of work, etc.) applied to a fixed-term worker will not change after the conversion of his or her contract, unless a separate contract is signed to that effect, the existing pay gap will persist between workers with an indefinite contract and fixed-term workers whose work is identical but who are treated differently in terms of place, hours of work and employment management category. In addition, the Committee notes that, according to JTUC–RENGO and ZENROREN, concerns remain regarding compliance with the new provisions by employers who want to avoid conversion into definitive contracts. The Committee asks the Government to take the necessary measures to monitor closely the effect of the new provisions of the Labour Contract Law concerning the conversion of fixed-term contracts into contracts for an indefinite period of time so as to ensure that the mechanism put in place does not have adverse effects on the situation of fixed-term workers, including women workers, with respect to remuneration. The Committee also asks the Government to clarify the meaning, in the amendment of the Labour Contract Law, of the terms “unreasonably different working conditions” and to specify the “circumstances” under which the employer is prohibited to terminate (or not renew) a fixed-term contract, including any interpretation given by the courts.

The Committee further notes the detailed statistical information provided by the Government showing that, as of 1 April 2012, there was a total of 603,582 temporary and part-time officials in local governments, of whom 74.2 per cent were women and that job categories are highly segregated by gender. According to the Government, since 24 April 2009, local governments are regulated by a notification explaining the system related to temporary and part-time employees. The Government indicates that further information will be provided in this respect. JTUC–RENGO underlines the precarious situation of such workers, 65 per cent of whom are paid on a daily or weekly basis and 39.6 per cent continue to work for less than one year (while 31.7 per cent work for three years or longer and 17.8 per cent for five years or longer). The trade union also stresses that the absence of provisions in the Local Autonomy Law and the Local Public Service Law regarding temporary and part-time workers in the public sector makes their status unclear; they have little access to commuting allowances, regular medical examinations and bereavement leave, although they are usually engaged in jobs similar to those of regular workers. JTUC–RENGO also indicates that in May 2013 the Alliance of Public Service Workers Unions (APU) submitted to the Diet a bill to amend partially the Local Autonomous Law with a view to ensuring the entitlement to various allowances, on the basis of municipal ordinances, of part-time employees who are equivalent in their working conditions to full-time employees or are in official posts with shorter working hours. The Committee asks the Government to indicate the manner in which the remuneration of local government non-regular employees is determined, in comparison to the remuneration of officials in regular employment, and how it ensures that officials performing work of equal value receive equal remuneration, regardless of their employment status. Please also continue to provide information disaggregated by sex on the number of temporary and part-time officials in local authorities at the prefectural and municipal levels.

Career-tracking systems. The Committee recalls once again the impact of the career-tracking system, which introduced “Employment Management Categories” in the guidelines under the Equal Employment Opportunity Law (EEOL) on the continuing wage disparity between women and men due to the low representation of women in the main (integrated) career track. The Government indicates that the proportion of women who were counted as prospective employees in the main career track remains low (11.6 per cent) and enterprises employing a small number of women in the main career track are advised to expand their recruitment. It adds that the issue of guidance on career tracking systems has been discussed in the Tripartite Advisory Council, and acknowledges that workers with family responsibilities have difficulties in continuing working or taking such posts. In this connection, the Aichi Solidarity Laborers’ Union and the Union of Women Trading Company Workers emphasize that, given the wide power of the employer over reassignment and relocation, workers who need to balance work and family life are excluded from the system. The Committee notes that JTUC–RENGO, reiterating the concern that the issue of gender discrimination under the EEOL is only examined within each employment management category, thereby preventing the possibility to compare and evaluate jobs in different employment categories, continues to call for the abolition of employment categories. The Committee was made aware of and welcomes the adoption on 24 December 2013 of guidelines for employers who implement the “Employment Management Categories”. The Committee asks the Government to provide detailed information on the newly adopted guidelines on the Employment Management Categories and their impact on the assignment of women to the main career track and consequently on the gender disparities in wages. The Committee also asks the Government to take concrete measures to evaluate the impact of career-tracking systems on the wage disparities between men and women and to ensure that they do not constitute an obstacle to the right of men and women to equal remuneration for work of equal value.