Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the information in the Government's report and the attached documentation including the comments of 6 October 1998 received from the Japanese Trade Unions Confederation (JTUC-RENGO). It further notes the reply of the Government to the comments of JTUC-RENGO. The Committee also notes the communications of 6 August 1998 and 26 November 1998 received from the Japan National Hospital Workers' Union concerning the application of the Convention in Japan. These comments have been sent to the Government for any observations it may wish to make.

2. For a number of years now, the Committee has encouraged the Government to take measures consistent with the Convention in order to reduce the high wage differential in the average earnings of men and women, a differential which is more pronounced in older workers. According to the Government's reply to the comments of JTUC-RENGO on the persistence of the wage gap between men and women in Japan, 1997 figures show that the wage differential (51.1 per cent) of the average total monthly earnings of men and women in establishments with more than 30 employees had not been reduced during the last few years. Both the Government and JTUC-RENGO attribute this to an increase in part-time workers, who are mostly women. They point out that some progress in closing the gap could be marked if part-time workers were excluded from consideration.

3. With reference to its previous observation in which the Committee noted that the concentration of women in lower-paid jobs and their lack of equal opportunities appeared to be primary causes of the existing wage differential in Japan, the Committee notes with interest the adoption of the Act on Securing Equal Opportunity and Treatment between Men and Women in Employment. The Act will enter into force in April 1999 and has the aim of strengthening the Equal Employment Opportunity Act. The Committee notes that the Act prohibits discrimination against female workers by employers in recruitment and hiring (section 5), assignment, promotion and training (section 6), fringe benefits (section 7), mandatory retirement age, retirement and dismissal (section 8) and sexual harassment (section 21). It also notes that the Act contains provisions concerning settlement of disputes and provides for the possibility of government assistance for employers that seek to promote equal opportunity. The Committee also notes the Government's indication that restrictions on overtime and night work by women as well as work during holidays, contained in the Labour Standards Act, have been abolished to expand employment opportunities of women and promote equal treatment.

4. With reference to its previous comments concerning the existence of the two-track career system and the participation rate of women in fast-track career development jobs, the Committee recalls that a 1992 survey indicated that, of the enterprises that use a multiple-track career development system, 35.4 per cent hire both men and women for the fast track, while the remaining 64.6 per cent hire men only. A similar survey undertaken in 1995 indicates that the percentage is down 7.8 points to 27.6 per cent that hire both men and women. The Government reports that under the career-tracking system, workers should be hired into tracks based on the content of the job and that assignment, promotion and training opportunities differ, depending on the track, being greater in the fast track. While noting that if operated properly the track system should not lead to discrimination against women, the Government acknowledges that some companies operate the career-tracking system in a manner that discriminates against women by hiring only or mainly men for the fast track. The Committee thus notes with interest that the detailed guidelines, developed pursuant to the new Equality Act, characterize as measures falling under the prohibition of discrimination, recruitment of men only for fast-track career development jobs (sogoshoku) and women only for regular office jobs (ippanshoku) (paragraphs 2(a)(2) and (f)(2)). It also notes the Government's indication that, in 1991, it adopted standards containing the "Proper approach to career tracking in employment management". The Committee requests the Government to continue to provide it with data on the operation of the career tracking system and the measures taken to ensure that all the tracks are open to women on the same basis as they are open to men in practice as well as in law.

5. Further to its previous observation that the seniority wage system also appeared to be a primary cause for the existing wage differential, the Committee notes the Government's indication that it is actively promoting various measures to harmonize working life with family life, such as the establishment of a child care leave system and a family care leave system, so as to address the effects of difference in length of service between men and women on equal remuneration (see also under the Workers with Family Responsibilities Convention, 1981 (No. 156), ratified by Japan). The Committee also notes the decision handed down in the Shiba Shinkin Bank case whereby the court found that, in spite of their eligibility under an automatic seniority-based promotion system, the defendant had failed to promote women, and subsequently ordered the defendant to accord eligible women their promotion and corresponding pay. The Committee notes in this respect that this case constitutes an example of difference in treatment within a seniority wage system and thus does not impact on the seniority wage system itself. In this respect, the Committee once again requests the Government to indicate whether it is considering a reform of the wage system to change the basis from seniority to job content.

6. The Committee notes that the guidelines issued pursuant to the new Equality Act provide detailed explanations on how employers are to deal properly with recruitment, hiring, job assignment, promotion and training. They also include examples of action that would contravene the Act, such as hiring only men or women for certain jobs, including part-time jobs (paragraphs 2(a)(1) and (4) and 2(f)(1) and (4)), using job titles referring only to men or women (paragraphs 2(a)(5) and 2(f)(5)), and referring to specific qualifications which limit those to be recruited only to men or women (paragraphs 2(a)(3) and 2(f)(3)). The Committee requests the Government to provide information on the judicial enforcement of the Act, including the guidelines, especially in cases where the settlement schemes do not lead to a mutually satisfactory outcome.

7. In its comments, JTUC-RENGO provides an overview of efforts it has made to improve the wage differential within the framework of collective bargaining negotiations. The Committee notes this information and would be grateful to continue to be kept informed of the measures taken by the Government to engage the cooperation of the social partners in promoting equal remuneration between men and women for work of equal value.