Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. The Committee notes the Government’s report and the attached observations of the Japanese Trade Union Confederation (JTUC-RENGO) dated 5 September 2005 as well as the Government’s reply to these comments.

Assessment of the gender pay gap

2. The Committee notes that, according to the Basic Survey on Wage Structure, 2004, the overall gender pay gap (contractual cash earnings) for full-time workers was at 34.3 per cent in 2004, as compared to 35.1 per cent in 2002 and 34.5 per cent in 2000. According to the Government’s report, the gender pay gap concerning scheduled cash earnings of full-time workers declined continuously from 40.3 per cent in 1986 to 32.4 per cent in 2004. The Committee also notes from the data provided by the Government that, on average, women working part-time in all industries have been in their jobs for a longer service period than their male counterparts but that, in 105 of 119 occupational categories considered in the statistics provided, the hourly scheduled cash earnings received by female part-time workers were lower than those received by male part-time workers. In its observations, JTUC-RENGO considers that the wage gap is still high and the Government states that it recognizes that the remaining disparity is still wide when compared internationally. The Committee expresses serious concern regarding the persistent and wide gender pay gap in Japan. The Committee asks the Government to continue to provide detailed statistical information on earnings of regular and non-regular workers, disaggregated by sex, according to industries and occupational categories, as far as possible as outlined in the Committee’s 1998 general observation. It also asks the Government to supply information on any reports or studies undertaken to examine the evolution of the gender wage gap and the impact of the measures taken to address it.

Legislation

3. The Committee recalls JTUC-RENGO’s previous comments to the effect that enforceable legislative provisions are required to eliminate the factors underlying the gender wage disparities. The Committee notes from the Government’s report that an advisory council comprised of experts, including workers’ and employers’ representatives, had been discussing measures to strengthen the promotion of equal opportunities for men and women since September 2005. It notes that Law No. 82 of 2006 has been adopted subsequently to revise the Equal Employment Opportunities Law (EEOL) and the Labour Standards Law which will become effective as from 1 April 2007. The Committee notes with interest that the revised EEOL explicitly prohibits discrimination based on sex in respect of assignment of tasks and responsibilities, as well as any changes concerning the worker’s occupation or employment contract (article 6). The Committee asks the Government to provide in its future reports information on the implementation and enforcement of the revised EEOL, including examples of relevant administrative or judicial decisions relating to the application of the Convention.

4. The Committee notes however that, while the EEOL prohibits discrimination with respect to matters that have an effect on remuneration levels, it does not cover pay discrimination itself, by prohibiting directly or indirectly discriminatory procedures or methods of determining remuneration, taking into account the principle of equal remuneration for work of equal value. As pointed out by the Committee previously, article 4 of the Labour Standards Law, which provides that in respect of wages an employer shall not engage in discriminatory treatment of a woman, as compared with a man, by reason of the worker being a woman, does not fully reflect the principle of the Convention, as it does not refer to the element of equal remuneration for work of equal value. This element of the Convention’s principle is crucial because it requires consideration of the remuneration received by men and women who are performing different jobs or work, on the basis of an evaluation of the content of the different jobs being performed using appropriate techniques of objective non-discrimination job evaluation. While the Government once again states that, in its view, article 4 of the Labour Standards Law satisfies the requirements of the Convention, the Committee emphasizes, in the light of the persisting and wide gender pay gap, that there is a need to address direct or indirect pay discrimination that results from the discriminatory undervaluing of work performed predominantly or exclusively by women. In this regard, the Committee notes the Government’s indication that, in some cases, the courts have compared the jobs or work performed by men and women in order to determine violations of article 4 of the Labour Standards Law. However, most cases concern discriminatory practices in respect of promotion or advancement. The Committee asks the Government to continue to provide summaries of relevant court decisions, particularly final rulings, applying article 4 of the Labour Standards Law including in the context of equal remuneration for work of equal value. Given the persistent and wide gender pay gap, the Committee hopes that the Government will consider giving legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full application of the Convention, and to indicate any developments in this regard in its next report.

Indirect discrimination

5. With respect to its previous comments concerning indirect discrimination, the Committee notes that the 2006 amendments to the EEOL introduced a new article 7 which is intended to address indirect discrimination. Article 7 authorizes the Ministry of Health, Labour and Welfare to identify, through an ordinance, measures which, taking into consideration the ratio of men to women and other elements, could potentially be considered discrimination essentially based on sex, which employers should not take, unless the measures are considered necessary for the job or for the management of employment in view of the situation of the whole operation, or unless there are other rational reasons. Recalling the guidance provided concerning the concept of indirect discrimination in paragraph 10 of its previous observation, the Committee notes that article 7 takes a restrictive approach by authorizing the authorities to identify a limited number of situations or practices which could amount to indirect discrimination, rather than by introducing a general definition of indirect discrimination that could be applied to a variety of situations. The Committee asks the Government to indicate the steps taken to ensure that the ordinance envisaged under article 7 of the EEOL will cover a wide range of measures that lead to situations where women disproportionately receive lower levels of remuneration than men without an objective job-related justification, and to provide the text of the ordinance as soon as it is adopted. It also asks the Government to indicate any steps taken to put in place measures to identify and remedy instances of indirect pay discrimination based on sex in the context of part-time, temporary and wage-based employment, as well as the use of career track management systems.

Promotional measures

6. In its previous observation, the Committee noted that in 2003 the Government issued guidelines concerning measures for improving wage and employment management for eliminating wage disparity between men and women. These voluntary guidelines encourage employers to address certain issues, which are considered to be important causes of the gender wage gap in Japan, as reflected in the Committee’s previous comments. The Committee notes the Government’s indication that it is striving to ensure that the guidelines are widely used through the distribution of information and materials to employers’ and workers’ organizations. The Government also states that it facilitates efforts by employers and workers to reduce wage disparity by monitoring the situation through the preparation of wage disparity reports. The Committee further notes the examples mentioned in the Government’s report of positive action taken by some enterprises, e.g. measures to increase the ratio of female managers. Recalling that one of the matters addressed by the guidelines is the need to improve employment and wage-management systems, inter alia, with a view to ensuring objectivity and transparency of wage decisions, the Committee notes JTUC-RENGO’s position that, in order to implement the principle of equal remuneration for work of equal value, there is a need to study and develop measures of objective and non-discriminatory job evaluation. The Committee shares this assessment. The Committee asks the Government to provide detailed information on the promotion, application and effect on the gender wage gap of the abovementioned Guidelines, including information on the positive action taken and the reports on wage disparities. In particular, the Committee asks the Government to supply information indicating how enterprises are reforming their systems of employment and wage management with a view to ensuring transparent and non-discriminatory wage decisions, as well as job allocation and posting. Recalling that Article 3 of the Convention envisages objective job evaluation on the basis of the work performed as a means of giving effect to the Convention, the Committee asks the Government to indicate measures taken to promote the objective evaluation of jobs.

Career tracking systems

7. The Committee notes the Government’s indication that the report issued in 2002 by the study group on the issue of wage disparity between men and women pointed out that the use of career track systems was a cause of wage disparity because it leads to significantly lower levels of women in management positions. A 2003 survey showed that in 2000 the overall ratio of women on the main track was as low as 3.5 per cent and that 23 per cent of enterprises applying a career track system had reviewed it in the last three years. The Committee asks the Government to continue to provide information on the measures taken to decrease the use of such systems and to minimize their gender discriminatory effects, and on the extent to which such systems are being used, including updated statistical information on the distribution of men and women on the different tracks.

Labour inspection

8. The Committee notes that, of the 122,793 inspections carried out during 2004, only eight found violations of article 4 of the Labour Standards Law. None of them was considered serious enough to be referred to the Prosecutor’s Office. The Committee asks the Government to continue to provide information on the measures taken by the labour inspectorate to address gender pay discrimination, including the number and nature of violations of section 4 found. It also asks the Government to indicate the methods used by labour inspectors to identify and detect violations of the principle of equal remuneration for men and women for work of equal value, and to indicate the nature and scope of training provided to labour inspectors on the principle of equal remuneration for men and women for work of equal value and on its implementation.

[The Government is asked to supply full particulars to the Conference at its 96th Session and to report in detail in 2007.]