Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes with interest the detailed information provided in the Government's initial report and the attached relevant documentation. It requests the Government to provide, in its next report, additional information on the points set out below.

1. Article 2 of the Convention. In response to the 1996 observation, based on a communication from the Tokyo Union of Community Workers (TUCW) alleging that part-time workers do not enjoy benefits provided for under national legislation, the Government's report indicates that this is due to the nature of the benefits in question, which consist of leaves of absence which may be granted for a relatively long period of time, up to a maximum of 12 months. The Government also indicates that, in this context, the substantive nature of the contract is taken into consideration, rather than its formal denomination, and that a worker with an automatically renewed fixed-term contract enjoys the above-referenced benefits on the same basis as workers with permanent contracts. The Committee requests the Government to indicate the legal framework (based on law or regulation) which guarantees the application of the Convention to all categories of workers. It also requests the Government to provide information concerning the other categories of workers mentioned in the TUCW communication, notably workers employed in small enterprises, non-unionized workers, part-time workers, as well as to indicate the measures envisaged to take the needs of these workers into account with regard to family responsibilities in light of Paragraph 21 of the Recommendation (see also paragraph 143 of the General Survey on workers with family responsibilities, ILO, 1993).

2. The Committee notes that section 67 of the Law on Minimum Conditions of Employment provides women workers, but not men workers, with supplementary rest periods to take care of a child. Considering that equality of opportunity and treatment cannot be fully realized without profound social reforms, in particular a more equitable distribution of family responsibilities (see paragraph 25 of the 1993 General Survey), the Committee requests the Government to indicate whether it contemplates reviewing this provision.

3. Concerning the application of Article 3, the Committee notes the objectives of the national policy and the national legislation to integrate women into society as well as the measures intended to permit workers to harmonize work and family responsibilities. The Committee notes, however, that these measures do not fully meet the Convention's dual objective of creating equality of opportunity and treatment in employment between men and women with family responsibilities, on the one hand, and between men and women with family responsibilities and workers without such responsibilities, on the other. The Convention also deals with the issue of family responsibilities in so far as the burden of these responsibilities borne by workers could create or maintain existing inequalities between the sexes (see 1993 General Survey, paragraph 25). The Committee therefore requests the Government to provide information on any national policy measures envisaged permitting both women and men to balance their work and family responsibilities. In this regard, it notes with interest the adoption of Act No. 9 of 2 July 1992 on temporary measures to promote the reduction of working hours in that it is a measure which improves general conditions for workers, particularly those of workers with family responsibilities. The Committee would be grateful if the Government would provide additional information concerning the application of this Act.

4. The Committee requests the Government to provide further information on the assistance given to employers by the Bureau for the Inspection of Labour Standards, as provided for under section 12-6 of the implementing regulation of the Law on Minimum Conditions of Employment (No. 23 of 1947), and in accordance with Article 4(b) of the Convention.

5. The Committee asks the Government to provide information on the manner in which the proposed amendments establishing a new framework for the placement of children in childcare facilities in accordance with the wishes of the child's caregiver take into account the harmonization between the caregiver's work and family life.

6. Article 6 of the Convention. While noting the existence of informational campaigns to promote equality between men and women and the active participation of women in society, the Committee nonetheless observes that these campaigns still mainly focus on women. The Committee recalls that the initial goal of Convention No. 156 and Recommendation No. 165 is to promote equality of opportunity and treatment in employment for workers of both sexes with family responsibilities. The Committee requests the Government to continue to supply information on these campaigns.

7. With regard to Article 7 of the Convention, the Committee requests the Government to provide, in its next report, information on the practical application of sections 18 and 23 of the Family Leave Act, which provide that the State may grant assistance and support to employers with regard to re-employment, the establishment of childcare services and the provision of financial aid to workers with family responsibilities. It also requests the Government to indicate whether human resources development takes family responsibilities into account.

8. The Committee notes that, in relation to the application of Article 11 of the Convention, a number of committees and councils charged with discussing and developing industrial relations policies, including with regard to workers with family responsibilities, are composed of an equal number of representatives of workers, employers and members of the community. The Government is requested to provide, in its next report, information on the work and discussions undertaken by these committees and councils regarding workers with family responsibilities.