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The Committee takes note of the Government’s report received at the ILO on 30 September 2010, the enclosed observation of the Japanese Trade Union Confederation (JTUC–RENGO) dated 2 September 2010 and the response of the Government to this observation. It also notes the observation on the application of the Convention by the National Confederation of Trade Unions (ZENROREN), dated 28 September 2010.
The Committee will examine the Government’s report together with the trade union’s observations, as well as any other information that the Government might wish to submit to the Office on the points raised, at its next session.
[The Government is asked to report in detail in 2011.]
The Committee notes the information supplied by the Government in response to its previous comments and the detailed information contained in the annual labour standards inspection report for 2006. It also notes the comments made by the Japanese Trade Union Confederation (JTUC-RENGO) on 17 September 2008, regarding the reduction of the number of inspection offices throughout the country. JTUC-RENGO emphasizes the importance of such offices in ensuring the enforcement of labour legislation through inspection visits and in providing information and advice not only to workers but also to employers. Noting that, according to the Government, the number of inspection offices has decreased from 343 to 322, the Committee would be grateful if it would supply any information that it deems useful in response to the concerns expressed by JTUC-RENGO with regard to the possible weakening of the labour inspection system.
Article 3, paragraph 1(b), of the Convention. Preventive activities of labour inspectors, such as the provision of technical information and advice. The Committee notes that the 2006 inspection report shows a high number of violations reported during periodical inspections, particularly with regard to working hours and safety requirements, and a high number of industrial accidents, mainly in manufacturing and construction. The Committee would be grateful if the Government would describe the preventive actions undertaken by labour inspectors (the issues covered, sectors of the economy targeted, etc.), and particularly the technical advisory and guidance services they provide to employers and workers concerning the most effective means of complying with the labour legislation, in conformity with Article 3, paragraph 1(b).
Article 8. Gender distribution in the labour inspection staff. In its previous comments, the Committee drew the attention of the Government to the comments sent by JTUC-RENGO in 2006 on the low proportion of women in the labour inspection staff (approximately 7 per cent) compared with the proportion of women in the workforce (44 per cent). It notes the Government’s indication that labour inspectors are recruited with sole regard to their qualifications from among applicants who have passed the recruitment examination. The Committee notes with interest that, with a view to encouraging the application of women, information on the services of and messages from women inspectors working in labour standards offices are published. In this regard, the Committee wishes to emphasize that it is highly advisable to have an adequate number of women inspectors in order to address specific issues that may be of particular concern to female workers. The Committee notes that, according to the Government, the number of women among new staff has tended to increase in recent years and it would be grateful if the Government would indicate the distribution of the inspection staff by gender in the various positions and grades. The Committee also invites the Government to examine the reasons for the low number of women in the labour inspection staff and to continue taking measures aimed at encouraging the application of women for employment as labour inspectors and at promoting their recruitment.
The Committee notes the Government’s report and the information sent in reply to its previous comments. It also notes the observation of 20 September 2006 by the Japanese Trade Union Confederation (JTUC-RENGO) that the proportion of women in the labour inspectorate staff (approximately 7 per cent) is insufficient in relation to the proportion of the female workforce (44 per cent of the total workforce), 52 per cent of these women being atypical workers confronted with numerous problems. The above organization is of the view that more women inspectors should be recruited as a matter of urgency so that inspection duties can be carried out effectively. The Committee would be grateful if the Government would make any comments it deems useful on this matter and would indicate whether, as the above organization asks, it plans to adapt the composition of the inspectorate staff to match the gender distribution of the workforce (Article 8 of the Convention). Please report any measures taken to this end to the International Labour Office.
Annual report by the Central Inspection Authority. The Committee would be grateful if the Government would take steps to ensure that an annual report containing the information required by Article 21 is communicated to the ILO within the time limit prescribed by Article 20.
Part V of the report form. The Committee requests the Government to provide information on any developments in the labour inspection system aimed at ensuring protection for the greatest number of workers of both sexes, and particularly on any new forms of industrial relations in the sectors covered by the Convention.
The Committee notes the geographical distribution of labour inspectors as of March 2004. It would however like to emphasize that such information needs to be supplemented with indications that are as detailed as possible on the subjects referred to in each of the provisions (a) to (c) of Article 10 of the Convention. The Committee also notes that no annual report on the work of the inspection services has been sent to the ILO, except for the one covering the 1998 period which was received in 2001. Recalling that among other objectives, the annual report, the form and contents of which are set out in Articles 20 and 21, aims to provide an up-to-date picture of the functioning of the labour inspection system with a view to its constant improvement, the Committee would be grateful if the Government would take appropriate measures to ensure that, in the very near future, the central inspection authority is in a position to publish and transmit to the ILO, in due time, copies of such reports.
1. The Committee notes the information supplied by the Government in answer to its 1998 direct request regarding the organization of the labour inspection system and periodic reporting. It hopes that the Government will continue to provide full particulars on any measures adopted or envisaged as to the organization of the labour inspection system as well as information on the application of each of the Articles of the Convention.
2. The Committee notes the information on the number of labour inspection staff contained in the 1997 Annual Labour Standards Inspection Report. It requests the Government to indicate in its next report the current proportion of women in the labour inspection staff in general and in each of the levels of the labour inspection services (Article 8 of the Convention).
The Committee notes the information contained in the Government's report as well as in the 1996 Annual Labour Standards Inspection Report. It requests the Government to provide in its next report further information on the points raised below.
1. Organization of the labour inspection system. The Committee notes that under the Basic Law on Central Government Reform, No. 103 of 1998, important changes have been introduced in Government organization including the Ministry of Labour which might also have an impact on the overall labour inspection system. The Committee requests the Government to provide information on any measures adopted or envisaged as to the organization of the labour inspection system.
2. Periodic reporting. The Committee recalls that Convention No. 81, being regarded as a priority Convention, detailed reports should be provided. The Committee would request the Government to supply in its next report detailed information on the application of each of the Articles of the Convention, following the report form approved by the Governing Body.
Articles 16, 20 and 21 of the Convention. Further to its previous observation, the Committee notes that since 1989 the number of inspectors has been increased annually, and that further efforts are made to increase efficiency in the labour inspectorate: in this connection, the Government indicated earlier that account would be taken in particular of trends in the system of hours of work and the situation of non-payment of wages. The Committee notes also that, while the Government continues to indicate there are no practical difficulties in the application of the Convention, the practical information requested in the report form has not been supplied; nor have copies of the annual reports on inspection been received since that for 1985. The Committee hopes all due inspection reports will be transmitted, and that they will contain all the information specified in Article 21. It would be particularly grateful if the Government would include information as to any difficulties in respect of occupational disease (Article 21(f), read together with Article 14) or failure to observe provisions relating to remuneration, which arise in connection with the trends referred to.
Article 16 of the Convention. With reference to its previous observation, the Committee notes with interest the information supplied by the Government to the effect that, during the course of 1987 and 1988, the staff of the inspectorate was increased and other measures will be taken to strengthen the inspection services with the objective of providing effective supervision of legal provisions in the highest possible number of workplaces. It requests the Government to indicate in future reports any new measures that have been adopted in this respect.