Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage Fixing Convention, 1970 (No. 131) - Japan (Ratification: 1971)

Other comments on C131

Observation

Direct Request

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Articles 1 and 4 of the Convention. Minimum wage fixing machinery in the public sector and participation of social partners. In reply to the Committee’s previous comment, the Government indicates that 276,000 national public service employees and 2,487,000 local public employees are excluded from the scope of the Minimum Wages Act (No. 137 of 1959), as amended. The Government adds that minimum pay rates applicable to national public officers are established pursuant to the provisions of the Remuneration for National Public Employees in Regular Service Act (No. 95 of 1950) and in accordance with the recommendations of the National Personnel Authority (NPA), an independent body set up to compensate for the absence of collective bargaining in the public sector and which aims at adjusting remuneration in the public sector to wage rates prevailing in the private sector. The Government further indicates that it has submitted a draft law to the Diet in June 2011, proposing the abolition of the NPA and authorizing public service employees to conclude collective agreements. The Committee requests the Government to keep the Office informed of any further developments in this regard, and to transmit the text of the new legislation once it has been adopted.

Article 4. Adjustment of minimum wage rates. The Committee understands that the Central Minimum Wage Council has recommended an increase in regional hourly minimum wage rates ranging from 1 to 18 Japanese yen (JPY) and that if the proposed increase is endorsed by the prefectural minimum wage councils, the national average minimum wage would be JPY736 per hour (approximately US$9.58). The Committee also understands that several trade unions have pointed out the inadequacy of this increase. In this regard, the Committee notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) according to which the minimum wages in nine prefectures are below the level of social welfare benefits notwithstanding the Minimum Wages Act, as last amended in 2007, requires consideration to be given to consistency with welfare benefit policies. Moreover, the Committee notes that, according to a survey conducted by the Organization for Economic Co-operation and Development (OECD) in 2008, Japan had the fourth highest level of poverty in the OECD area. It also observes that the number of working poor, i.e. workers earning less than JPY2 million per year (approximately US$26,050), exceeds 10 million. Recalling that the main aim of the Convention is to ensure that workers enjoy a decent standard of living, the Committee asks the Government to provide its observations concerning the ability of the current minimum pay rates to meet such an objective.

Article 5 and Part V of the report form. Practical application. The Committee notes the detailed information attached to the Government’s report concerning the minimum wage rates set by region, industry or by collective agreement. It also notes the statistical data communicated by the Government regarding the total number of inspections conducted in the period 2005–10 and the number of violations of the minimum wage legislation reported in the same period. The Committee notes the information provided by the Government in its report according to which, as of 31 March 2011, 3,135 labour inspectors were assigned to 321 labour inspection offices whereas the corresponding figures in March 2006 were 3,752 labour inspectors assigned to 331 labour inspection offices. In this connection, the Committee notes that in its comments, JTUC–RENGO raises the issue of shortage of labour inspectors. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including for instance the approximate number of workers remunerated at the minimum wage rates; statistics on labour inspection results showing the number of visits carried out, violations recorded and sanctions imposed; and copies of official documents or studies on minimum wage policy.

[The Government is also asked to reply in detail to the present comments in 2012.]