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Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Japan (Ratification: 1928)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation of 2007, the Committee notes with satisfaction that, according to the Government’s report, received in October 2012, the Immigration Control and Refugee Recognition Act No. 319 of 1951 was revised in July 2009 to strengthen protection of foreign trainees/technical interns, who thus become covered by the Labour Standards Act and the Industrial Accident Compensation Insurance Act from the first year of their training programme in Japan. The Committee notes the comments of the Japanese Trade Union Confederation (JTUC–RENGO) attached to the Government’s report, maintaining that foreign workers engaged in illegal employment should also have their rights to industrial accident compensation respected on an equal footing with Japanese nationals. The Committee invites the Government to reply to the JTUC–RENGO comments. The Committee also notes extensive measures reported by the Government under the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), to ensure effective implementation of the revised Immigration Control Act and to increase coverage of foreign technical interns under the Industrial Accident Compensation Insurance Act.

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its last report. It would be grateful if the Government would provide, in accordance with Part V of the report form, information on the manner in which the Convention is applied in practice, including statistics on the number of foreign workers employed in Japan, their nationality, the number of accidents reported in their case and the payment of compensation to injured workmen or their dependants in the case of residence abroad.