(published April 2001)
| Tokyo Today is published yearly by the ILO Tokyo Branch Office to provide ILO constituents with the latest information on ILO activities and political, economic and social developments in Japan. For further information, please contact the Office at the address given at the end of this page. |
12th
IIRA World Congress in Japan: Exploring industrial relations in the 21st
century
ILO
Major Activities in Japan in 2000: In Partnership with ILO Constituents
(Occupational safety and health and others)
ILO
Projects Financed by Japanese Donors: Asian Regional Meetings on Child
Labour
People
(Cabinet Reshuffle and New Tokyo Branch Office Director)
Publications
News ("I am a child!" Japanese version produced and
others)
Labour
& Social News Highlights 2000 (Restructuring of Ministries and
Employers Organizations and New & Envisaged Legislation)
The
International Industrial Relations Association (IIRA) held its 12th
World Congress in Tokyo from 29 May to 2 June 2000. The triennial Congress,
which is the second to be held in Japan following the 6th Congress
held in Kyoto in 1983, gathered the record high number of participants
- 1,121 researchers from some 60 countries around the world. Preceding
the Conference, the ILO and the Japan Institute of Labour (JIL) co-organized
the technical meeting of ILO/JIL Networking of National Institutes for
Labour Studies on 29 May 2000. Several ILO officials, including Ms. Katherine
Ann Hagen, then Executive Director, Social Dialogue Sector, Ms. Mitsuko
Horiuchi, then Regional Director, Asia and the Pacific Region, and Mr.
Muneto Ozaki, Director, InFocus Programme on Strengthening Social Dialogue,
actively took part in the meeting.
As the last Congress to be held in the 20th century, the 12th
Congress pursued five tracks under the general theme of "Global integration
and challenges for industrial relations and human resource management in
the 21st century": (i) Exploring trends in employment relations
and new approaches to work in the 21st century; (ii) The impact
of globalization on national and regional systems of industrial relations
and employment relations; (iii) Changing patterns of employee and union
participation: Toward new systems of industrial relations?; (iv) Search
for flexibility, fairness and prosperity: Alternative employment policies
in the 21st century; and (v) Asia in the 21st century:
Challenges and opportunities in work and labour. Three workshops were organized
under each track. In addition, 15 special seminars and 17 IIRA study group
meetings on current issues in the labour market were held, providing rich
opportunities for presentation of the latest research findings, discussion
and information sharing.
Facing the revolutionary developments of new information technologies and
increasingly globalizing economy, world labour markets and industrial relations
are pressed to change: more and more unstable and insecure employment,
the emergence and growth of atypical forms of employment, and especially
the weakening of trade union powers. In view of these changes in the labour
market, the Congress questioned the traditional role of the tripartism
as an appropriate foundation for industrial relations. The Congress is hoped to have contributed to the world search for the best practices in industrial relations
in the 21st century. Next Congress will be held in Berlin in
September 2003.
ILO's presence was quite visible throughout the Congress with many ILO
officials making presentation and actively contributing to the discussion.
For example, Mr. Enrique Marin Quijada, Government and Labour Law and Administration
Department, presented a paper entitled "The perspectives for a new
and comprehensive vision of the protection of workers" at workshop
2 of track 1, which discussed on "The growth of contingent employment
contracts: current trends and future changes"; Mr. Tayo Fashoyin,
InFocus Programme on Strengthening Social Dialogue, presented his paper
entitled "Labour regulation and workplace relations in Southern Africa"
at the track 2 plenary session; Mr. A.V. Jose, International Institute
for Labour Studies, presented a paper entitled "The future of labour
movement - the ILO studies" at workshop 1 of track 3, which discussed
on "The future of labour movement"; Mr. Duncan Campbell, Senior
Specialist on Industrial Relations, East Asia Multidisciplinary Advisory
Team, presented a paper entitled "Social dialogue and the Asian financial
crisis" at workshop 1 of track 5, which discussed on "The impact
of the Asian financial crisis on industrial relations in Asian countries";
Ms. Hong-Trang Perret-Nguyen, International Institute for Labour Studies,
presented a paper on "The ILO's role in supporting Asian countries'
efforts to respect, promote and realize fundamental principles and right
at work" at a special seminar on "Fair labour standards in Asia"
on behalf of Ms. Anne Trebilcock, Director, InFocus Programme on Promoting
the Declaration. Mr. Charles Nupen, ILO Office in Pretoria, and Mr. M.
Ozaki, chaired the plenary sessions of tracks 4 and 5 respectively.
During the Congress, ILO organized a special seminar on "the evolving
strategic role of social dialogue in contributing to the realization of
the objectives of decent work" as an information sharing session between
the ILO and Conference participants (photo). The discussion at the seminar
was led by Ms. Hagen, who presented a brief synopsis of the strategic objectives
of "decent work" and the role of the Social Dialogue Sector of
the ILO. Mr. Ozaki presented the research agenda and its relevance in defining
the scope of social dialogue, while Mr. Campbell presented his field experience
on developments and the role of social dialogue in Asia and Mr. Fashoyin
explained the work and role of the InFocus Programme on Strengthening Social
Dialogue. ILO presentations drew considerable interest from the participants
and attracted various questions and comments.
Technical meeting of ILO/JIL project, Networking of National Institute
for Labour Studies, was attended by the participants from research institutions
in 14 Asian countries. The ILO team was led by Ms. Horiuchi, and included
Mr. Campbell and Mr. Alagandram Sivananthiram, Senior Specialist in Labour
Relations/Social Dialogue, ILO South Asia Multidisciplinary Advisory Team,
and Mr. Nobuhiro Hayasaka, Director, ILO Tokyo Branch Office. The meeting
was chaired by Mr. Fashoyin.
The seminar, which was highly interactive, had presentations of country
reports on research activities. The technical meeting is one of the activities
of the collaborative project set up in late 1993 by the ILO Regional Office
for Asia and the Pacific, the JIL and the International Institute for Labour
Studies. This project aims at enhancing the capacity of labour study institutes
in making a broad range of policy options and high quality operational
policy advices available to national policy makers and socio-economic development
planners, as well as strengthening their capacity in conducting joint researches
for the coordination of labour policies and programmes.
Child
labour
Some members of the Japanese Parliamentarians' League on the ILO Activities
visited selected ILO project sites in Asia in December 2000. The group,
consisted of three Parliamentarians, Ms. Mayumi Moriyama, President of
the League, Ms. Yukiko Kawahashi and Mr. Tatsuya Tanimoto, visited such
project sites as the brick factory and the Rescue and Rehabilitation Center
for Children in Cambodia, where the International Programme on the Elimination
of Child Labour (IPEC) is conducting its technical cooperation activities;
the site of labour-based irrigation and road building project in Siem Reap; and
the Employment Service Center in Ho Chi Minh, Viet Nam. The tour provided
good opportunity for the Japanese Parliamentarians to be familiarized with
ILO activities in the region.
Under the globalizing economy, corporations are feeling an urgent needs
to set up certain standards on business ethics and to address fundamental
human rights' issues like child and forced labour. The Ministry of Labour
and the ILO Association of Japan co-organized an "International Symposium
for the glorious future of the children in the coming 21st century
- the steps corporations should take in the multi-national era of 21st
century -" (Tokyo, 7 December 2000), supported by the ILO Tokyo Branch
Office and the Organization for Economic Cooperation and Development (OECD)
Tokyo Center. Ms. Thetis Abrera-Mangahas, Regional Adviser, IPEC, delivered
a keynote speech on the ILO actions for the elimination of child labour,
while OECD representative spoke about its guidelines for multi-national
enterprises.
International
Labour Standards
With the ratification of the ILO Minimum Age Convention, 1973 (No.138)
on 5 June 2000, the current number of Conventions ratified by Japan totals
44, which includes five fundamental Conventions: No.29 on forced labour,
No.87 on freedom of association, No.98 on right to organize and collective
bargaining, No.100 on equal remuneration and No.138. The minimum age for
admission to employment or work specified by the government is 15 years.
Currently, the ratification process for another child labour Convention,
No.182, is underway.
Ohara Institute for Social Research of Hosei University has been organizing
symposia on international labour issues every year since 1987 with current
topics in the ILO taken up as main agenda. The 13th symposium
in 2000, which was held in Tokyo on 29 September 2000, focused on newly-adopted
Convention and Recommendation on Maternity Protection, which revised the
Maternity Protection Convention (Revised), 1952 (No.103) and its accompanying
Recommendation (No.95) respectively. Tripartite members of the Japanese
delegation to the ILO Conference elaborated on features of the new Convention
and Recommendation, and presented their positions towards them.
The Japanese National Railway Workers' Union (KOKURO) and the All National
Railway Locomotive Engineers' Union (ZENDORO) submitted to the ILO a complaint
of violations of freedom of association by the government of Japan in 1998.
The allegations refer to the acts of anti-union discrimination made in
the process of the privatization of the Japanese National Railways (JNR)
in 1987. According to the allegations, the succeeding corporations, Japan
Railway companies (JR companies), did not hire many KOKURO and ZENDORO
members solely on account of their trade union membership. After examining
the case, the Committee on Freedom of Association of the Governing Body
made following recommendations in November 2000: (i) the Committee urged
that all parties concerned to accept the Four Political Party Agreement
adopted in May 2000 which sets out conditions aimed at encouraging negotiations
between the JR companies and the complainants with a view to rapidly reaching
a satisfactory solution for the parties and which would ensure that the
workers concerned are fairly compensated; (ii) the Committee recalled that
the principle of the protection against acts of anti-union discrimination
provided for in Convention No.98 guarantees protection at all times against
acts of anti-union discrimination: at recruitment and during the period
of employment, including the time of work termination; and (iii) noting
that the issue of the non-recruitment of KOKURO members is still pending
before the Tokyo High Court, the Committee requested the government to
keep it informed of the outcome of the decision of the Court. On 8 November
2000, the Tokyo High Court upheld the ruling of the District Court, concluding
that JR companies could not be regarded as "employers" and that
therefore they had no responsibilities to hire former employees of the
JNR.
Occupational
Safety and Health
Mr. Tsuyoshi Kawakami, Occupational Safety and Health Specialist of ILO
East Asia Multidisciplinary Advisory Team in Bangkok, gave a lecture on
"Action-oriented ergonomics for improving safety and health in small
enterprises in Asia" at the 73rd Annual Meeting of Japan
Society of Occupational Health which was held in Fukuoka on 24-26 April
2000. In his lecture, he emphasized the importance of ergonomics which
had been playing vital role in improving safety and health in small enterprises
in Asia. He introduced ILO's WISE (Work Improvement in Small Enterprise)
methods, fully adopting ergonomic principles, which have been implemented
in the Philippines, Thailand and Vietnam. He was also invited to several
other meetings to speak on occupational safety and health.
Mr. Jukka Takala, Director of InFocus Programme on Safe Work, delivered
a lecture on "ILO Guidelines on Occupational Safety and Health Management
Systems (OSHMS)" to more than 250 audience at a meeting held by Japan
Industrial Safety and Health Association (JISHA) in Tokyo on 30 June 2000.
Mr. Takala spoke about the present situation and future drafting schedule
of the Guidelines. After his lecture, employers, occupational safety and
heath consultants and the officials from the Ministry of Labour (MOL) made comments and queries on the Guidelines, which led to active exchange
of views.
IT
in Japan
Aiming to create the society where people can easily access, use and enjoy
the full benefits of the information technology (IT), the government of
Japan established the basic law for the creation of high-level information
and communication networking society in 2000, which includes provisions
on the elimination of the digital divide and targeted IT training. To raise
awareness on the usefulness of the Internet and to stimulate the development
of related technologies, the government has decided to organize an Internet
exhibition named INPAKU at http://www.inpaku.go.jp
from 31 December 2000 to 31 December 2001. The ILO Tokyo Branch Office
(http://www.inpaku.go.jp/ilotokyo)
and the United Nations Information Center in Tokyo are among some 300 international,
governmental and private organizations and individuals participating in
the event. The pavilion of the ILO Tokyo Branch Office, with the main theme
of world of work, features such contents as quiz, e-forum, selected data
on world of work, calendar design contest on "decent work" and
the poll on the most preferred Convention to be ratified first in the 21st
century. We welcome readers to pop in and enjoy the surfing.
UN
Family
Various occasions of common presentation of UN agencies in Japan have been
organized throughout the year 2000 as usual. These include (i) UN agencies
common exhibition during international communication week in Tokyo on 10-12
April 2000; (ii) UN agencies' common participation in Japan Flora 2000
Exposition (Awaji, 18 March - 17 September 2000); (iii) common exhibition
on environment-related activities and the organization of forum concerning
job opportunities in international organizations during World Environment
Day event in Tokyo on 3-5 June 2000 and; (iv) participation in open-air
International Cooperation Festival (Tokyo, 7-8 October 2000). Collaborative
activities are expected to increase further due to the renaming of the
United Nations University building in Tokyo as "UN House" in
Japan in January 2001. The UN House provides free exhibition space for
UN family organizations named UN Gallery.
ILO
Officials visiting Japan
In addition to those mentioned above, several ILO officials visited Japan
in 2000 including (i) Mr. Rolf van der Hoeven, Employment Strategy Department,
who made presentation on social, political and environmental impacts of
globalization in the United Nations University International Conference
"On the Threshold: The United Nations and Global Governance in the
New Millennium" (Tokyo, 19-21 January 2000); (ii) Mr. Piyasiri Wickramasekara,
Senior Specialist on Labour Market Policies, ILO East Asia Multidisciplinary
Advisory Team (EASMAT), who participated as reporter and co-chairman in
the Workshop on International Migration and Labour Markets in Asia (Tokyo,
27-28 January 2000) organized by the Japan Institute of Labour with the
joint sponsorship of the government of Japan, OECD and the ILO; (iii) Mr.
Alan Wild, Director, Human Resources Development Department, and Ms. Motoko
Aritake from the same Department, who came to interview Japanese candidates
to ILO posts and to conduct other promotional activities on ILO job opportunities
in April; (iv) Mr. R. Raghwan, Regional Specialist on Workers' Education,
EASMAT, who represented the ILO in International Trade Union Symposium
on Employment Security and Role of Trade Unions (Hakone, 22-24 May 2000)
organized by the National Confederation of Trade Unions; (v) Mr. Robert
J. Pember, Senior Specialist in Labour Statistics, EASMAT, who represented
the ILO in the 6th Governing Board of Statistical Institute
for Asia and the Pacific (SIAP) (Tokyo, 29-30 August 2000); (vi) Mr. Vali
Jamal, Senior Rural Sector Specialist, who participated as commentator
in International Workshop on Rural Poverty Eradication in the 21st
Century: The Challenges and the Opportunities (Tokyo, 16 November 2000)
organized by International Fund for Agricultural Development; and (vii)
Mr. Ali Taqi, Special Adviser to the Director-General, who visited Japan
in December as part of his research on older workers.
ILO/Japan
Multi-bi programme
The Ministry of Health, Labour and Welfare donated 273.403 million Japanese
yen (approx. $2.6 mil.) as their voluntary contribution to ILO/Japan Multi-bi
Programme in the fiscal year 2000, which covered the cost of six continued
projects and one new project, Seminar on Occupational Safety and Health
Management Systems (OSHMS) to discuss the application of the OSHMS and
the ILO's new Guidelines on the subject. As for the fiscal year 2001 budget,
in spite of the prolonged economic recession, the Ministry successfully
increased the volume of their contribution by 9% to grant 298.81 million
yen for eight projects including a new project on Symposium on Youth Employment.
Apart from the mentioned-above, the Ministry contributed $180,000 to Asian
Pacific Skill Development Programme (APSDEP) in the fiscal year 2000.
Cooperation
of Employers' and Workers' Organizations
In addition to the government, Japanese social partners support ILO activities.
In 2000, ILO organized 5th High-Level Conference for Asian and
Pacific Employers (Singapore, 9-10 October 2000) with financial and other
supports from Japan Federation of Employers' Associations (NIKKEIREN) and
International Organization of Employers (IOE). The Regional Conference
is organized every three years and highly-regarded by employers organizations
in the region as an important forum to discuss current issues. Human resources
development, global compact, partnership with workers' organizations and
cooperation between employers' organizations were among the topics.
In the workers' side, Japanese Trade Union Confederation (RENGO) donated
5 million Japanese yen to the ILO's International Programme on the Elimination
of Child Labour (IPEC). Also, ILO and RENGO co-organized Regional Workshop
for African Trade Union Leaders on the Advantages for Workers of the Improvement
of Productivity (Abidjan, 3-6 April 2000), third of the series, in order
to transmit Japanese experience on productivity improvement to the workers
in Africa. Again in April, part of the ILO Turin Centre's course on workers'
education programme on social protection was conducted in Japan with the
Japan International Labour Foundation as country course organizer. Fourteen
fellows from workers' organizations in Asian and the Pacific countries
visited several occupational safety and health centers and received lectures
on the topic from Japanese specialists.
ILO
fellows in Japan
In addition to the Turin fellows which visited Japan in April, six study
tours under ILO/Japan long-term fellowship project have been conducted
in 2000 as follows: (i) study tour on minimizing social effects from restructuring
of the public enterprises (June 2000); (ii) study tour on job creation
through labour intensive infrastructure, self-employment, small contractor
development and micro enterprise development (July 2000); (iii) study tour
on strengthening employment services (private and public) (August-September
2000); (iv) study tour on youth employment in east and south east Asia
(September 2000); (v) study tour on promotion of gender equity in employment
(October 2000) and; (iv) tripartite study tour on human resources development
(November-December 2000). Each study tour consisted of small number of
government officials from Asian and Pacific countries and visited Japan
as final destination of the three-four countries tour staying roughly one
week in each country.
ILO PROJECTS FINANCED BY JAPANESE DONORS |
ILO/Japan Asian Regional Meeting on Child Labour
is in operation with the funding from Government of Japan to the ILO's
IPEC since fiscal year 1998. The project helps to promote better understanding
on ILO Conventions on child labour and the recognition of child labour
issues by the member states in the Asia and Pacific region. The activities
include organizing regional meetings, preparing discussion papers for the
meetings and conducting country studies in selected countries by national
experts. Participants have tripartite composition and each participating
country prepares and presents a country paper, which includes such information
as the present situation on national legislation, policies and plans on
child labour, good examples on and obstacles for the ratification and implementation
of the Conventions.
First regional meeting under the project was Asian Regional Meeting on
the Worst Forms of Child Labour (Phuket, 8-10 September 1999). The meeting
discussed the new child labour Convention (No.182), and information on
the worst forms of child labour in the participating countries was exchanged.
It marked the launch in Asia of a global campaign for the ratification
of the Convention. After the meeting, participants came up with a set of
statements of common understanding and with a set of measures to take.
Thematic papers on worst forms of child labour in selected countries and
on girl workers in Asia, a discussion paper and fact sheets on IPEC programme
in Asia were produced and published to serve as practical guidelines on
how to put to work the new Convention in Asia. Tripartite representatives
were invited from 13 countries, namely, Bangladesh, Cambodia, China, India,
Indonesia, Lao PDR, Mongolia, Nepal, Pakistan, Philippines, Sri Lanka,
Thailand and Vietnam.
Second meeting, Asian Regional High-Level Meeting on Child Labour was held
in Jakarta from 8 to 10 March 2000, to which 15 countries were invited
including Japan and Malaysia. The meeting aimed to bring together senior
representatives of Government, employers and workers to review and discuss
the ratification campaign of C182 and C138 (Minimum Age), their implementation
and practical application.
Third and the latest was Asian Regional Meeting on Monitoring Child Labour
at the Workplace (Dhaka, 24-26 October 2000). A government official responsible
for labour inspection and a representative of employers and workers each
from 16 countries including Fiji were invited. As follow-up to the previous
meetings, the meeting in Dhaka focused on actual experiences with implementation
and enforcement of the Conventions and on proposed measures. Specifically
it aimed to serve as an opportunity for exchange of information and experiences
on child labour inspection at the workplace with a special focus on the
informal sector and domestic work. |
| PEOPLE |
Cabinet
Reshuffle
Due to sudden illness and subsequent death of Prime Minister Keizo Obuchi,
new Cabinet was launched in April 2000 with Mr. Yoshiro Mori as Prime Minister.
The Cabinet has been reshuffled twice after that in July and December 2000.
Under the current administration, Mr. Yohei Kono and Dr. Chikara Sakaguchi
are appointed as Ministers of Foreign Affairs and of Health, Labour and
Welfare respectively. Dr. Sakaguchi, medical practitioner in profession,
was Minister of Labour in 1993-94.
New
Tokyo Branch Office Director
Ms. Mitsuko Horiuchi, former Regional Director for Asia and the Pacific,
has been appointed as Director, Tokyo Branch Office, replacing Mr. Nobuhiro
Hayasaka on 6 January 2001. She will also work as Special Regional Adviser
on Gender Issues. The reporting line has also changed and the Director
of Tokyo Branch Office now reports directly to the Director-General as
from January 2001.
| PUBLICATIONS NEWS |
Sales
Results
In 2000, total sales of the ILO film/publications in Japan amounted to
the record high of US$156,000, which was boosted by the production of Japanese
versions of the ILO film, "I am a Child! (736 copies sold),"
and "Decent work (265 copies)" by Tokyo Branch Office
each ranking the top and the second most sold film/publications in Tokyo
respectively. Other publications in the top ten sales list are as follows:
(iii) Year Book of Labour Statistics 1999 (151 copies); (iv) Maritime
Labour Conventions and Recommendations (100 copies); (v) World
Labour Report 2000 (79 copies); (vi) Ergonomic Checkpoints
(68 copies); (vii) Social Security Pensions (62 copies); (viii)
European works councils in multinational enterprises (41 copies);
(ix) Decent work, English version (39 copies) and; (x) Workers
without frontiers (29 copies).
Promotional
Activities
ILO Tokyo Branch Office, Japan Institute of Labour and International Comparative
Study Group on Pensions co-organized a launch meeting of the ILO publication
"Social Security Pensions: Development and reform,"
with Mr. Colin Gillion, Director, Social Security Department and chief
editor of the book as lecturer on 15 May 2000 in Tokyo. As an indication
of the high interest in the issue in Japan, the meeting, which was widely
covered by the media, gathered nearly 200 participants including government
officials, researchers and social security specialists.
ILO publications were displayed at several occasions including at the National
Conference on Industrial Safety and Health held in Kanazawa in October.
Japanese
Version of ILO Publications
In addition to the annual production of Year Book of Labour Statistics
by the ILO Association of Japan, following ILO publications were translated
in Japanese in 2000: (i) "Inequality, unemployment and contemporary
Europe" from vol. 136, No.2, International Labour Review,
which was carried in the magazine published by the Japan Institute of Cooperative
Research; (ii) "Poverty and famines" by Iwanami Shoten
Publishers; (iii) "Decent work" by ILO Tokyo Branch
Office and; (iv) "Equality in Employment and Occupation"
by the International Movement against All Forms of Discrimination and Racism
- Japan Committee (IMADR-JC).
Reorganization
Government
The central governmental reform took effect on 6 January 2001. It was introduced
with the aim to strengthen political leadership and to streamline the administration.
The former structure of one Office and 22 Ministries were reorganized into
one Cabinet Office and 12 Ministries. Now the government consists of following
offices: Cabinet Office; National Public Safety Commission; Defense Agency;
Ministry of Public Management, Home Affairs, Posts and Telecommunications;
Ministry of Justice; Ministry of Foreign Affairs; Ministry of Finance;
Ministry of Education, Culture, Sports, Science and Technology; Ministry
of Health, Labour and Welfare; Ministry of Agriculture, Forestry and Fisheries;
Ministry of Economy, Trade and Industry; Ministry of Land, Infrastructure
and Transport; Ministry of the Environment. The Ministry of Labour merged
with the former Ministry of Health and Welfare.
New system of Independent Administrative Institutions was introduced to
improve the performance of governmental agencies.
Employers
The Japan Federation of Employers' Associations (NIKKEIREN) and the Japan
Federation of Economic Organizations (KEIDANREN) have been investigating
the possibility of their merger through a panel called the Advisory Committee
on the Formation of the New Business Organization. The Committee issued
its final report in December 2000 and recommends that the two bodies merge
no later than May 2002. The report says that there are no longer clear
distinctions between labour problems and economic problems, and shift in
the social conditions necessitated policy changes that require NIKKEIREN
and KEIDANREN to speak and act as one.
The new organization, tentatively named "Japan Business Foundation,"
is intended to establish a free, fair and transparent market economy based
on the principle of self-responsibility and a people-oriented philosophy.
The Preparatory Committee has begun deliberating the details of the merger.
New
and Revised Legislation
Revision of the Employment Insurance Law (entry into force: mostly on 1 April 2001, provision on child- and family-care benefit on 1 January 2001)
In order to cope with the severe unemployment situation and the socio-economic
changes, the Employment Insurance Law was revised to differentiate the
number of days the benefit are paid between those who left work by bankruptcy
or dismissal, and those who left for retirement or other reasons. The workers
in the former category will receive benefits for a longer period. The law
will also raise the ratio of benefits paid to the workers who take child-
or family-care leave from the present 25% to 40% of the monthly wage of
the worker (daily wage receiving at the starting point of leave multiplied
by 30). It also stipulates to raise the contribution rate for employment
insurance.
Revision of the Law concerning Improvement of Employment Management of Nursing Care Workers (entry into force: 1 April 2000)
The law was revised to promote the creation of satisfactory employment
opportunities in the field of nursing care, to subsidize undertakers of
such businesses, and to provide training to nursing care workers through
Care Work Security Centers. Under the law, the government grants subsidies
and assistance to operators of nursing care-related businesses. The revised
law encourages public and private institutions engaging in employment security
and exchange services to cooperate with one another in respect of sharing
employment information of care workers and adjusting the volume of demand
and supply of such workers. The Care Work Security Centers conducts education
and training of care workers.
Revision of the Law concerning Stabilization of Employment of Older Persons (entry into force: 1 October 2000)
The revised law defines "older persons, etc." as those in the
age bracket of 45 and 55, who are in employment or seeking work. It requests
the businesses that have mandatory retirement age under 65 to introduce
measures so as to provide secure employment to its workers until the age
65, for example by raising the retirement age or by introducing continuous
employment system. The government is to expand its measures to promote
re-employment of older workers.
Law concerning Succession of Labour Contracts after Spinoffs (entry into force: 1 April 2001)
The Commercial Code was revised to facilitate corporate spinoffs. That
gave rise to anxiety that corporate spinoffs might lead to a deterioration
in the working conditions of the employees involved. To cope with the concern,
this new law specifies the measures that the firms must take to protect
their workers in such events. The law provides that at least two weeks
before the general shareholders' meeting at which the breakup plan is to
be approved, the firm is obliged to give notice to employees that they
are to be transferred to the other firm and that employment contracts related
to them will be protected in the spinoff or takeover agreement. It also
provides for a succession of collective agreements. The agreements are
transferred to the spun-off company by stating the parts of the agreement
to be transferred in the spinoff plan or takeover contract. The employees
mainly engaged in tasks of the divested division are transferred to the
spun-off company. Even if they are not mentioned in the spinoff plan or
takeover contract, those workers may be transferred to the spun-off company
objecting in writing by one day before the shareholders' meeting at the
latest. On the other hand, employees partially engaged in tasks of the
divested division, if they find their names in the plan as an employee
to be transferred, may refuse to be transferred objecting in writing by
one day before the shareholders' meeting at the latest.
Basic Law on Formation of an Advanced Information and Telecommunications Network Society (entry into force: 6 January 2001)
The Diet approved in November 2000 the above law, intended to promote the
formation of an advanced information and telecommunications (IT) network
society. The law defines an "advanced information and telecommunications
network society" as a society in which people can develop themselves
creatively and vigorously in all fields of activities by utilizing information
and knowledge through the Internet and other advanced information and telecommunications
networks. The law promotes: facilitation of e-commerce/creation of new
businesses; diverse information services at low rates; creation of local
employment opportunities/expansion of diverse interchanges; correction
of gaps in opportunities and skills for use of information and telecommunications
technology; dealing with new problems in areas of employment, etc. The
basic guideline of the measures include: formation of the world's most
advanced information and telecommunications networks; promotion of fair
competition; upgrading of people's skills for utilizing information and
development of expert human resources; reform of regulations and facilitation
of e-commerce through appropriate protection and exploitation of intellectual
property rights, etc.; promotion of realization of an electronic government
and electronic local governments (simplifying as well as improving efficiency
and transparency of administration); assuring security and reliability
for networks and protection of personal data. Priority policy programmes
are to be formed in accordance with the IT law, and its operations are
within the jurisdiction of the Strategic Headquarters for the Promotion
of an Advanced Information and Telecommunications Network Society created
in the Cabinet and headed by the Prime Minister.
Revision of the Workmen's Accident Compensation Insurance Law (entry into force: 1 April 2001)
The Law was revised with a view to prevent the outbreak of brain and heart
diseases that could serve as the reason for the "karoshi (or death
by overwork)." When a worker was diagnosed at regular health checkups
that he/she had a disorder in related parts of the body, the worker will
be given subsidy for a secondary medical examination. The revision, which
was approved in November 2000, was accompanied by collateral resolutions
at both upper- and lower-houses requesting the Government to take appropriate
measures to secure effective implementation of the law.
Envisaged
legislation
Package of laws for promotion of re-employment
The law intends to promote smooth re-employment, by activating assistance
by the employers for the re-employment of those workers who are expected
to leave work. It also aims to strengthen development efforts of regional
employment through projects drawn up by municipal governments. These measures
will revise the Employment Measures Law, Employment Insurance Law, Law
concerning the Promotion of Regional Employment Development and Law concerning
the Promotion of Vocational Capacity Development. The specific measures
will include the following: (i) the employers that will release a large
number of workers are obliged to draw up a plan for re-employment assistance
and the Government will assist in the implementation of the plan; (ii)
the employers are obliged to grant equal opportunities to job-seekers regardless
of their age, for certain types of job offers and recruitment; (iii) the
Government will assist the local government in developing regional employment.
The central and local governments are to coordinate in launching new projects
in certain regions of the municipalities and; (iv) the measures that the
employers are requested to perform will additionally include provision
of information for vocational abilities required for jobs, and other assistance
in the form of consultations, etc. If approved, the law will be enforced
from 1 October 2001.
Revision of Law concerning the Welfare of Workers Who Take Care of Children or Other Family Members including Child Care and Family Care Leave
The revision aims to establish a legal framework to enable workers to combine work and family. The law will oblige employers to take the following measures: (i) the employers must not, on the ground of a worker applying for and taking family- or child-care leave, give disadvantageous treatment to such worker, including dismissal; (ii) when a worker who is caring for pre-school children or other family members asks the employer to be relieved from overtime work beyond a certain limit (24 hours/month, 150 hours/year), the employer must grant that wish unless it hinders the proper operation of the business; (iii) the employer must apply measures for workers caring for children between the age of one and three, measures similar to child-care leave or reduction of hours of work, so as to facilitate the worker to manage both family and work; (iv) to grant to workers raising pre-school children nursing care leave in case of the child's sickness or injury; (v) to appoint a promoter for work and family combination in the workplace, that will prepare favourable working environment. The revised law is intended for enforcement from April 2002.
Law concerning the treatment of individual labour dispute
The new law will build a system to enable speedy resolution of disputes between workers and employers by way of mediation by Dispute Coordination Commission in labour departments of prefectural governments. Specifically, the law will stipulate (i) to encourage autonomous resolution of individual labour disputes by the parties concerned; (ii) the head of labour department of municipal governments are to provide information and consultation to prevent disputes as well as assistance to resolve disputes; (iii) Dispute Coordination Commission will be established within prefectural labour departments, that will mediate labour dispute resolution.