Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Further to its observation, the Committee notes the information in the Government’s report and the attached documentation.

1. Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government’s explanation that although the provisions on childcare and nursing care leave in the Child-Care and Family Care Leave Act, No. 107 of 1995 do not apply to fixed-term workers, measures related to overtime and night work do apply to all fixed-term workers, and that there are no differences between full-time and part-time workers. Similarly, it notes that although the provisions on child and nursing care in the Act on Child-Care Leave for Public Employees do apply to part-time employees, the Guidelines of the National Personnel Authority provide that the limitations on overtime and night work apply to part-time workers. The Committee asks the Government to supply information on any other provisions of the abovementioned legislation that apply to fixed-term and part-time workers with family responsibilities.

2. With regard to the exclusion of workers with fixed-term and daily contracts from the application of the Child-Care and Family Care Leave Act, No. 107, the Committee notes the Government’s statement that it is developing a guideline for evaluating whether or not a person can be described as being employed for an undetermined period of time, and that it will be up to the employer to judge the type of contract based on this guideline. It also notes that in the case of doubt, the Government shall make the decision but that the final judgement whether or not an employer was allowed to refuse to grant leave to a worker is entrusted to the courts. The Committee asks the Government to supply a copy of the guideline, once it is adopted, and to provide information on its application in practice, as well as on any court decisions regarding the granting of leave to fixed-term and daily workers.

3. Article 3. Referring to its previous comments on the extension of Act No. 9 of 1992 on temporary measures to promote the reduction of working time for another five years, the Committee notes that the Government has made it a priority to eliminate overtime work and promote annual paid holidays, and that it is continuing its efforts to shorten hours of work. It notes the measures taken by the Government, such as the raising of awareness on a system of flexible working hours, the support measures to employers who provide for a shortening of working hours under the Child-Care and Family Care Leave Act, and a reduction of the maximum of hours of overtime for employees in the public service engaged in child or nursing care from 360 to 150 hours per year. Noting the information contained in the FY2001 and FY2002 annual reports on the state of formation of a gender equal society including the gender disparity in working patterns, the Committee asks the Government to continue to provide information on the measures taken with regard to Act No. 9 and to indicate in its next report how these and other measures taken have helped and encouraged especially male workers to work shorter hours with a view to balancing better their work and family responsibilities.

4. Article 5. The Committee notes that the policy on support measures for balancing of work and child-raising in July 2001 is to be implemented by FY2004. It also notes the Bill to revise the Child Welfare Act, which entered the Diet in March 2003, which will: (1) establish new regulations to promote the implementation of childcare support activities in municipalities that are based on the inclusion of childcare support activities into law; and (2) call for the creation of childcare plans in certain local governments that have children waiting to get into nurseries. The Committee welcomes these measures and asks the Government to keep it informed of the adoption of the Bill and the implementation of the said policy and to continue to supply information on the measures taken or envisaged to promote the application of Article 5(b) of the Convention in regard to childcare services and facilities.

5. Article 6. With reference to its previous comments concerning the creation of family-friendly workplaces and promotion campaigns targeting male workers with family responsibilities, the Committee notes the Government’s reply that the number of men taking childcare leave has not increased. It also notes from the annual report of FY2002 that, according to a survey carried out in 2001-02, 80.2 per cent of working mothers took or would take childcare leave but only 0.7 per cent of the male workers took or would take childcare leave, and that the working environment in Japanese companies prevents male workers from taking childcare leave. Noting that the abovementioned FY2001 annual report states that "… the creation of a work environment that makes it easier for men to take childcare leave [is] indispensable to building a society that can accommodate balancing of work and child raising", the Committee asks the Government to provide information in its next report on specific measures taken or contemplated to increase the effectiveness of the work-family programmes and to improve the environment in Japanese companies with a view to increasing the number of women and especially men taking childcare leave.

6. With reference to its previous comments, the Committee notes that section 33 of the Child-Care and Family Care Leave Act, No. 107, provides that the Government shall undertake necessary publicity activities to increase the understanding of the general public regarding the coexistence of work and family life. It also notes the various initiatives, including seminars and symposia, by the Government to raise awareness on equal opportunity and treatment for men and women workers, including the "proposals for positive action" formulated by the Ministry of Health, Labour and Welfare and employers’ organizations in April 2002, which resulted in the creation of the Positive Action Promotion Council in each of the prefectures. The Committee requests the Government to continue to supply information in this regard, and in particular on the contents of the abovementioned proposals and the activities of the Council with regard to raising public understanding of the problems of men and women workers with family responsibilities.