Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Japon (Ratification: 1992)

Autre commentaire sur C159

Observation

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The Committee notes the observations of the National Union of Welfare and Childcare Workers (NUWCW) received on 24 August 2015. It also notes the observations of the Japan Business Federation (NIPPON KEIDANREN) and the Japanese Trade Union Confederation (JTUC–RENGO), which were communicated with the Government’s report.

Articles 1, 2 and 3 of the Convention. Employment promotion for persons with disabilities. In reply to its previous comments, the Committee notes the Government’s indication that the number of persons with disabilities who are employed in the private sector was 431,225 in June 2014, which is a 5.4 per cent (22,278 persons) increase over the previous year. The Government adds that the number of employed persons with disabilities has been increasing for 11 consecutive years and continues to reach new records. The employment rate of persons with disabilities in private companies increased to 1.82 per cent, compared to 1.76 per cent the previous year. The Government further indicates that 44.7 per cent of companies had achieved the statutory 2 per cent employment quota as of June 2014. The Government is of the view that additional initiatives should be adopted for the achievement of the official quota by every company. In its observations, the JTUC–RENGO is also of the view that further policies and measures are necessary, adding that, of the companies that have not attained the statutory employment rate, 59.4 per cent of them have not employed even one person with disabilities. The JTUC–RENGO further indicates that the targets of the quota system for the employment of persons with disabilities are limited to persons holding a disability certificate but the proportion of persons actually holding the certificate is low. The JTUC–RENGO states that efforts to make the amended Act truly effective are required. The NUWCW indicates that employment support programmes need to be expanded. The Committee requests the Government to indicate the measures adopted or envisaged to achieve the statutory 2 per cent employment quota for persons with disabilities in all companies, including sanctions for non-compliance. Please also provide information on the impact of the measures implemented in terms of increasing the employment opportunities of persons with disabilities in the open labour market. Please also continue to supply statistics disaggregated as much as possible by sex, age and the nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 5. Consultations with the social partners. With regard to consultations with the social partners, the Government reiterates that the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities sets goals for the employment policies for persons with disabilities, implements the policies and evaluates its outcomes. Referring to the Government’s report, NIPPON KEIDANREN indicates that the opinions from stakeholders on policy improvement were reflected. The NUWCW indicates that the evaluation of policies should be carried out with the participation of the social partners and organizations of persons with disabilities and the process of policy formulation should be open to the public. Giving the example of discussions concerning the three-year review of the Comprehensive Support Act for Persons with Disabilities, the NUWCW adds that neither the Japan Council on Disability nor its own representatives are able to directly participate in the discussions. The Committee requests the Government to continue to provide examples of how the views and concerns of the social partners and representatives of organizations of and for persons with disabilities, such as the NUWCW, are taken into account in the formulation, implementation and evaluation of the policy on vocational rehabilitation and employment of persons with disabilities.

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

Articles 1(3) and 3 of the Convention. National policy aimed at ensuring appropriate vocational rehabilitation for all categories of persons with disabilities. (a) Criteria used to determine whether a person with disabilities is considered to be able to “work under an employment relationship” (paragraph 73 of the tripartite committee report, document GB.304/14/6). The Committee recalls the recommendations of the tripartite committee established by the Governing Body to examine a representation alleging non-observance by Japan of the Convention (304th Session, March 2009). The Committee also recalls that it has been entrusted with following up with the recommendations of the tripartite committee. The Committee notes that the Government provides updated information in its report on the implementation and results of employment measures for persons with disabilities. With regard to the promotion of “team support” for providing continuous support during employment to workplace adaptation, mainly at Public Employment Security Offices in cooperation with relevant welfare and educational agencies, 12,673 persons with disabilities found jobs in 2013. Moreover, 325 Employment and Vocational Life Support Centres for Persons with Disabilities were established as of April 2015, an increase from 317 in April 2013. In the 2013 fiscal year, 1,206 people were transferred to Type-A programmes under the Support Programme for Continuation of Work (SPCW) (designed for persons with disabilities considered already being able to work under an employment relationship) from Type-B programmes (designed for those facing difficulties working under an employment relationship, while nevertheless offering them productive activities), and 2,647 were transferred to regular employment from Type-B programmes. In this regard, the Committee notes that the number of people who had changed to regular employment from Type-B programmes has increased from 1,606 in 2011 to 2,307 in 2012 and 2,647 in 2013. Noting in its observations the increase in the number of employed persons with disabilities, the NUWCW indicates, however, that the ratio of regular employees has gone down when comparing 2013 figures with 2008 figures. The NUWCW adds that work and employment of persons with disabilities have remained in the framework of welfare measures, without being positioned in the same manner as labour measures for workers in general. The Committee requests the Government to continue to provide information on the measures taken or envisaged to increase the opportunities for persons with disabilities falling in the categories which do not allow them to be covered by an employment relationship to have access to the open labour market. Please also continue to include updated information on the number of transitions from Type-B programmes under the SPCW to Type-A programmes and to regular employment, as well as on the impact of measures implemented by the Public Employment Security Office on the transition of persons with disabilities from welfare to employment in the open labour market.

(b) Bringing work performed by persons with disabilities in sheltered workshops within the scope of the labour legislation (paragraph 75 of the report). The Government indicates that, under the Type-B programmes under the SPCW, working opportunities and support for necessary training is being provided for those who find it difficult to be employed in regular workplaces to obtain knowledge and skills that are in demand in order to find jobs with employment contracts. The Government adds that it has been supporting these efforts which would be coupled with support for the wage increase under Type-B programmes. The NUWCW indicates that problems still remain with the poor functioning of vocational rehabilitation facilities, adding that it is indispensable that their functions need to be further enhanced. The Committee requests the Government to continue to provide information on the impact of the measures taken to ensure that the treatment of persons with disabilities in sheltered workshops is in line with the principles of the Convention, including the principle of equality of opportunity and treatment (Article 4).

(c) Low pay for persons with disabilities carrying out activities under the Type-B programmes under the SPCW (paragraph 76 of the report). The Government indicates that, following measures to increase the rates of workshop pay, pay has increased by 18.1 per cent since 2006. Moreover, under Act No. 50 of 2012 concerning the Promotion of Public Procurement of Goods from the Disabled Employment Facilities, in which administrative agencies and local governments are obligated to procure goods and services from the disabled employment facilities on a preferential basis, the procurement of the 2013 fiscal year was about ¥12.3 billion. The JTUC–RENGO is of the view that continued efforts are required for improvements in the levels of wages in the Type-B programmes under the SPCW. The NUWCW indicates that, according to the 2013 Basic Survey on Wage Structure, the wage for persons with disabilities was markedly low, when compared to the 2008 figures. The NUWCW is of the view that the minimum wage should be secured to improve the situation for persons with disabilities. The Committee requests the Government to continue to provide information on the measures taken or envisaged for raising workshop pay.

(d) Service fees for participants in Type-B programmes under the SPCW (paragraphs 77 and 79 of the report). The Government reiterates that persons with disabilities in low-income households have been exempted from the disability social service fees. It adds that, as of December 2014, 93.3 per cent of users of disability social services, including participants in the Type-B programmes, have been receiving services free of charge. The NUWCW recalls the problems with charging fees for the usage of services. The Committee encourages the Government to continue to take measures in this regard and to provide information on the impact of the measures taken to ensure that persons with disabilities are not discouraged from becoming involved in such programmes and eventually gaining access to the labour market.

Articles 3, 4 and 7. Equality of opportunity between persons with disabilities and workers generally. Quota system for the employment of persons with disabilities (paragraphs 81 and 82 of the report). The Committee notes the updated data provided by the Government indicating that the number of employed persons with severe disabilities was 115,680 in June 2014, an increase from 104,970 in June 2012. The Government indicates that the double counting system (persons with severe disabilities are double counted under the quota system) is therefore effective and necessary in promoting the employment of persons with severe disabilities for now and in the future as well. The JTUC–RENGO is of the view that the immediate abolition of this system is not realistic. It adds, however, that the collection and evaluation of suitable information and data should be performed. The Committee requests the Government to continue to provide information on persons with disabilities and persons with severe disabilities employed under the quota system.

Reasonable accommodation (paragraph 84 of the report). The Government indicates that in March 2015 two sets of guidelines for employers on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation were formulated based upon the amended Act on Employment Promotion of Persons with Disabilities. These guidelines were drawn up based on discussions in the Labour Policy Council’s Subcommittee on Employment of Persons with Disabilities. The Government also recalls in its report that the effective date of the obligation to provide reasonable accommodation will be April 2016. It adds that reasonable accommodation should be provided by the employers at their own expense within a range that is not overburdening. Various subsidies and preferential treatments regarding taxes have been provided to the employers who meet the necessary requirements. The JTUC–RENGO is of the view that publicity efforts and full preparations will be necessary moving towards April 2016. The JTUC–RENGO adds that it will be necessary to monitor the system’s operations so that measures for reasonable accommodation are provided on the basis of mutual understanding between persons with disabilities and employers. Referring to the guidelines for employers on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation, the NUWCW is of the view that these guidelines are unclear about the right to file a complaint and the appropriate support for conflict resolution if an employer insists that there is an undue burden on him/her. The Committee notes from the Government’s report that the Director Generals of the Prefectural Labour Bureau may offer necessary advice, guidance or recommendations, when one or both parties involved has requested assistance for such resolution. Mediation is another possibility to resolve disputes. The Committee requests the Government to provide information on the implementation and results of measures concerning reasonable accommodation, including the effects relating to the implementation of practical manuals and guidelines on the prohibition of discrimination against persons with disabilities and on the provision of reasonable accommodation.

[The Government is asked to reply in detail to the present comments in 2017.]