10. Article 11, 1 (a) - (c), (f)
Promotion of Measures to Ensure Equal Employment Opportunity
| (1) | Implementation of the Equal Employment Opportunity Law | ||||||||||||||||||||||||||||||||||||||
| Following the implementation of the Equal Employment Opportunity Law, progress has been made regarding the equal treatment of men and women during the recruitment and hiring process, as seen in the decline in the number of job offers according to the gender of the applicant.But there were many cases in which women students were not given an equal opportunity to get a job compared with men students in the severe employment situation in recent years. For example, many corporations failed to provide women students with the necessary information on their recruitment and hiring and imposed limits on the number of women to be employed. As to assignment and promotion, there has been an increase in the number of women assigned to the duties which had previously been assigned only to men, and an increasing number of women have been promoted to posts equivalent to section chief. On the other hand, however, an increasing number of corporations say that they "assign women to jobs where women's characteristics and sensitivity can be utilized," although a majority of corporations say that they"assign women to the same jobs as men in accordance with their ability and aptitude." Most of the corporations treat men and women equally in training and fringe benefit programs. As to mandatory retirement age, retirement and dismissal, although an improvement has been made in systems such as the difference in the mandatory retirement age between men and women, there still remain problems in practice including the existence of compelling or encouraging women to retire at a time of pregnancy, maternity leave, marriage or at a certain age. | |||||||||||||||||||||||||||||||||||||||
| The Prefectural Women's and Young Workers' Office of the Ministry of Labour receives about 20,000 requests from corporations and workers for advice concerning the Equal Employment Opportunity Law and provides individual administrative guidance on the basis of the Law to about 3,000 of the cases a year. The number of requests for advice concerning recruitment and hiring from women students and concerning forced retirement and dismissal is on the increase, apparently reflecting the faltering economy in recent years. | |||||||||||||||||||||||||||||||||||||||
| The number of requests for advice and counseling on sexual harassment in the workplace is also on the increase. Some of the cases involving harassment are vicious and serious. Suits involving sexual harassment have become conspicuous. | |||||||||||||||||||||||||||||||||||||||
| Restrictions of overtime work, holiday work and late-night work by women have been eased to a certain extent, except in cases of maternal protection under the Labour Standards Law, from the standpoint of promoting equal opportunity and treatment of men and women in the workplace. There is an increasing tendency to call for a total abolition of the restrictions on the employers' side, while women have also begun to call for a review of the restrictions. | |||||||||||||||||||||||||||||||||||||||
| (2) | Revision of the Equal Employment Opportunity Law, etc. | ||||||||||||||||||||||||||||||||||||||
| In view of the changes in social and economic environments made in the 10 years or so since the Law was implemented, and with the prospect of the rapidly approaching era of the aging society with less number of children, the Government submitted a bill to revise the Equal Employment Opportunity Law, the Labour Standards Law and the Child Care and Family Care Leave Law to the 140th session of the Diet in February 1997. The bill was designed to strengthen the Equal Employment Opportunity Law, and dismantle the restrictions on overtime work, holiday work and late-night work by women laid down by the Labour Standards Law in order to make the equal treatment of men and women in employment more effective and give women wider choices of work and chances to exert their potential. The revision was adopted by the Diet on June 11, 1997 and promulgated on June 18, the same year. | |||||||||||||||||||||||||||||||||||||||
| The revised law is scheduled to come into force on April 1, 1999, but the portion of the law concerning the improvement of maternal protection (mandating health control measures for pregnant women and extending the maternity leave period in the case of multiple pregnancy) was implemented on April 1, 1998. | |||||||||||||||||||||||||||||||||||||||
| The main points of the revision are as follows:
1) Strengthening the Equal Employment Opportunity Law
2) Revision of Labour Standards Law
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| (3) | Establishment of measures to restrict late-night work by employees taking care of children or other family members (revision of The Child Care and Family Care Leave Law) | ||||||||||||||||||||||||||||||||||||||
| As a result of the removal of restrictions on late-night work by women under the revised Labour Standards Law, there may be a case when both parents work late-night shift or when no one is available for child care or family care late at night. In order to avoid such a case, the revised law prohibits employers from assigning a certain category of employees taking care of their family members to a late-night shift upon request from such employees, except when doing so obstructs the normal operation of business. | |||||||||||||||||||||||||||||||||||||||
| (3) | Actions to ensure equal employment opportunity | ||||||||||||||||||||||||||||||||||||||
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1) Activities to raise the level of awareness of the revised Law The Ministry of Labour has been conducting activities to raise the level of awareness in order to promote an understanding of the purpose of the Equal Employment Opportunity Law and to ensure equal treatment of men and women. With the revised law scheduled to come into force in 1999, the Ministry of Labour will continue to conduct awareness-raising activities on various occasions, including during the Equal Employment Opportunity Month in June, to make the revised law well known to employers and employees and realize the smooth operation of personnel management in line with the revised law. 2) Administrative guidance and assistance to settle individual dispute The Prefectural Women's and Young WorkersfOffice has been providing administrative guidance to employers by visiting their offices under visiting plan to promote the compliance with the Equal Employment Opportunity Law. The Ministry of Labour is also promoting speedy and smooth settlement of individual disputes between women workers and employers over the handling of equal employment opportunity through appropriate advice, guidance and recommendation by the Director of the Prefectural Women's and Young Workers' Office or through the smooth operation of the Equal Employment Opportunity Mediation Commission. 3) Promotion of positive action by corporations for full utilization of women workers' abilities and skills The Ministry of Labour has worked out guidelines and a worksheet to promote positive actions by corporations and hold seminars targetting business leaders to realize equal employment opportunities not only in systems but also in practice (See Article 4). The Ministry of Labour intends to have positive actions by corporations deeply rooted in society as a developed version of the Voluntary Checkup Promotion Campaign (explained in the second periodic report) which have been conducted since FY 1988 that was designed to make the purpose of the Law fully known to every corporation and encourage corporations to voluntarily improve their personnel management. 4) Actions to remove the glass ceiling Since the Equal Employment Opportunity Law came into force, there has been an improvement in the personnel management for women, in women workers' awareness, and in general understanding of equality between men and women in the workplace. However, women's participation in decision making at individual corporations and labour and management organizations remains feeble and this is believed to be one of the reasons for little awareness on the part of corporations and organizations to utilize women. The Ministry of Labour conducted"International Exchange Program to Remove the Glass Ceiling" for three years starting in FY 1995, a program designed to promote an understanding of the parties concerned with regard to the appointment of woman managers and involvement of women in decision making at labour and management organizations through interchanges between representatives of the Japanese Government, labour and management, and their counterparts in other advanced countries. 5) Administrative guidance for appropriate operation of the multiple truck personnel management system Under the multiple truck personnel management system, several trucks are set up according to, for example, whether the job is planning-type or routine-type or whether the job is subject to transfer requiring a change of abode, and personnel management such as assignment, promotion, education/training is carried out according to the truck. In view of the fact that some corporations implemented different management for men and women under the name of multiple truck personnel management, the Ministry of Labour announced "Desirable Ways to Implement a multiple truck Personnel Management" in 1991 to ensure clear definition of each truck and operation method, implementation of fair recruitment and employment screening, openness of the trucks for both men and women, establishment of a system allowing employees to switch trucks, and fair personnel management for men and women. (The Ministry of Labour provides administrative guidance so that employment management is conducted in line with the above announcement.) |
10.Article 11, 1 (c)
| (1) | Promotion of development of women's professional potential |
| In order for women to be specialists, obtain managerial positions, or make inroads into other fields amid a change in the economic and industrial structure and rapid progress in the field of communications and other technical innovations brought about by the internationalization of the Japanese society, it is essential that each woman develops her potential. This has made it all the more important to promote professional potential development for women. And doing so, it is important to support women's positive approach to take interest in their own potential and help them develop their potential. | |
| To that end, the Ministry of Labour 1) has implemented a Business Career System (professional potential acquiring system) to support a step-by-step, systematic development of the professional potential of white-collar workers, and 2) is promoting the improvement of measures, including subsidies, to support employers who establish a work environment, including working hours, to enable workers, regardless of their sex, to voluntarily develop their potential. | |
| (2) | Promotion of operation to support women's participation in society |
| The Government is now constructing a center designed to support women's participation in society mainly through providing support training to utilize their potential, advice and various information. The Center is scheduled to open in FY 1999. |
10.Article 11, 1 (d)
| (1) | Action to remove wage gap between men and women |
| Article 4 of the Labour Standards Law prohibits wage discrimination based on sex. As to the gap in average wages between men and women workers (excluding part-time workers), though it has been narrowing, the average wage actually paid to women workers was 63.1% of that paid to men workers in 1997. This gap, as was earlier described, stems largely from the difference in duty (type and rank of job), length of service and educational background, and so on. | |
| The difference in the field of work between men and women workers is partly attributable to the fact that women were not necessarily given as equal an opportunity as men. The Ministry of Labour, therefore, has been endeavoring to realize the equal treatment of men and women and the steady expansion of women's field of work by prohibiting discrimination against women in recruitment/hiring and assignment and promotion, by prohibiting the practice of employment of"women only" or with "preferential treatment of women" that tended to fix women's job field and separate the duties of men and women, by revising the Equal Employment Opportunity Law, including the establishment of positive action provisions in the Law to diminish gaps between men and women workers, and by abolishing restrictions on overtime work, holiday work or late-night work by women. | |
| As for measures to dissolve the difference in the length of service between men and women workers, the Ministry of Labour is promoting measures, including a child care and family care leave system, to harmonize Working Life with Family Life and to shorten working hours so that both men and women can continue work while caring for children and other family members and playing a role as a member of a family. | |
| The Ministry of Labour is also promoting awareness-raising activities to get rid of the fixed ideas on the abilities of men and women and gender roles that lie behind the gaps between men and women. | |
| As to the Labour Standards Law, the Ministry of Labour has been providing guidance to ensure proper implementation of the Law. | |
| (2) | Unpaid work |
| In May 1997 and May 1998, the Economic Planning Agency published its estimate of monetary value of housework, social activities and other unpaid work. | |
| It shows that the monetary value (in terms of opportunity cost*) of unpaid work in 1996, as of the latest figure totaled 116 trillion yen, accounting for 23% of gross domestic product. Of them, unpaid work done by women was estimated at 98 trillion yen, or 85% of the total. | |
| Per-day hours spent for unpaid work by a woman was 3 hours and 50 minutes and hours spent for paid work was 2 hours and 48 minutes. Comparable figures for a man was 31 minutes and 5 hours and 36 minutes, respectively. Women spend 7.4 times as much as men for unpaid work. Men's paid work hour is long but their unpaid work hour is extremely short. | |
| Per-head value of unpaid work was 1.8 million yen a year for a woman and this was 5 times as much as that for a man (350,000 yen). The gap in monetary value between men and women is narrower than the gap in working hours due to the disparity in the average wages for men and women used in calculating opportunity costs. | |
| *Opportunity cost is obtained by evaluating lost profits incurred by a person who gives up providing his/her labor on the market in order to engage in unpaid work. |
10.Article 11 2(c)
| (1) | Establishment of systems for child care and family care leave | ||||||||||||||||||||||
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1) Revision of Child Care Leave Law "A bill to revise part of the laws concerning Child Care Leave" designed to establish a family care leave scheme was enacted on June 5, 1995 and promulgated on June 9, the same year. As a result, the Child Care Leave Law was renamed the Child Care and Family Care Leave Law which is designed to support workers who are caring for family members to fulfill their responsibility in work as well as in the family. The outline of the law is as follows.
2) Establishment of child care leave benefit Since April 1995, a child care leave benefit system has been in force under which an employee who takes child care leave will be paid 20% of the employee's wage before taking such a leave as the basic child care leave benefit if the employee meets the requirements set forth in the Employment Insurance Law. If an employee eligible for the basic benefit is employed after child care leave by the same employer for more than six months, the employee will be paid a return-to-work benefit in the amount of 5% of the wage before the leave multiplied by the number of leave months. 3) Establishment of family care leave benefit (slated for implementation from April 1999) It is planned that starting in April 1999 an employee who takes family care leave will be paid in principle 25% of the employee's wage before the family care leave as a family care leave benefit if the employee meets the requirements set forth in the Employment Insurance Law. 4)Promotion of early introduction of family care leave scheme The Government is promoting early introduction of a family care leave system and other measures including shortening of working hours for family care by offering consultation and guidance to employers and employees and by providing subsidies. 5) Putting child care leave system firmly in enterprises According to the "Basic Survey on Women Workers' Employment Management" implemented by the Ministry of Labour in FY1996, the ratio for child-bearer to take child care leave in the workplace with provision of child care leave scheme was 44.5 percent for women, and 0.16 percent for men with child-bearer as their spouses, and the ratio of taking the leave for women was 99.2 percent, and 0.8 percent for men. The Government promotes child care leave and the measures to shorten the working hours for child care through counseling and giving guidance to the employer and women and men employees or by providing child care allowance. | |||||||||||||||||||||||
| (2) | Support for child care | ||||||||||||||||||||||
1) Building and reconstruction of day-care centers Under the Child Welfare Law, the Government provides subsidies to those who build, expand, or reconstruct and operate day-care centers. Under the Child Allowance Law, the Government also provides subsidies to those employers who set up and operate day-care facilities in their business establishments. As a result, there are now roughly enough numbers of day-care facilities in Japan, although in some areas of the country, the number of children on the waiting list far exceeds the number of children enrolled. 2) Nursing measures that meet nursing demand The Government adopted in 1994 "Basic Ideas to Promote Measures Urgently Needed for Nursing" (five-year emergency measures for nursing) to meet diversifying demands for nursing brought about as a result of an increase in the number of working women, and to promote compatibility of work and child care. In 1995, the Government began to promote baby nursing (nursing of zero-aged babies) and extended nursing (nursing after 6 p.m.). 3) Review of nursery policies The Child Welfare Law was revised in 1997 to re-examine nursery policies and other measures with a view to create an environment conducive to nursing and to assist sound growth and independence of children of fatherless families. With a rise in the number of dual-income families, it is now common for such families to use day-care centers. Diversifying work styles, meanwhile, demand diversified child care such as the nursing of infants, extension of nursing hours and temporary nursing (providing emergency or short-time nursing). It is therefore necessary to establish a system that can provide high-quality nursing services to meet flexibly the diversifying demand. Nursing fees are set in accordance with children's age after taking into account the impacts on family budgets of collecting fees on the basis of nursing costs. Previously, nursing fees were set on the basis of income taxes paid by the guardian of children in the preceding year etc. | |||||||||||||||||||||||
| (3) | Support to harmonize Working Life with Family Life | ||||||||||||||||||||||
| In order to promote compatibility of work and family, the Government has implemented following measures;
1) Measures to enable taking child care and family care leave and to return to work The employees who take child care leave will be paid a benefit worth 25% of their wages before the leave. (As to the creation of child care leave benefits, see 10. Article 11 2. (c) 2).) In addition, the Government has changed the "Subsidies for the Implementation of Programs to Facilitate the Return to Work after Child Care Leave," which was reported in the third periodic report, into "Subsidies for the Implementation of Programs to Facilitate the Return to Work after Child Care and Family Care Leave," in line with the legislation of family care leave, to make it easy for workers to take child care or family care leave and to return to work. 2) Measures to enable workers caring for children or other family members to continue work In addition to making use of the subsidy for company nurseries, which was reported in the third periodic report, the Government began to provide subsidies in October 1995 to those employers who extend financial assistance to employees receiving child care or family care services with a view to maintaining such workers' continued employment. The Ministry of Labour expanded the "2020 Telephone Service," a project to assist employment of working women through providing information and advice on available child care and family care services on the telephone, into 25 areas as of 1997. In 1995, the Ministry of Labour began holding seminars targetting to workers who may have to take care of children or other family members while continuing work in order for such workers to acquire useful knowledge and be prepared to make child care or family care compatible with work. In FY 1994, it began "Family Support Center" projects to organize local membership clubs composed of those who extend child care assistance and those who want to receive such services in order to meet irregular or fluctuating demand for child care that the existing day-care centers cannot cope with such as a sudden need to work overtime and illness of children. 3) Measures to help find re-employment for workers who retired for child care or family care The Government continues to promote introduction of a re-employment system by providing subsidies to employers who re-employ workers who retired work for reasons of pregnancy, childbirth, child care or family care. The Government holds seminars, provides information and extends assistance for self-promotion to those workers who retired to take care of children or other family members so that they can resume work smoothly. In addition, the Government helps women to find re-employment by offering detailed advice and information on jobs available at women's public employment security offices (Lady's Hello Work). |
10. Article 11 2 (d)
| (1) | Protection of mothers |
| The Government strives to ensure that the provisions on the protection of mothers of the Labor Standard Law are observed in order to maintain the health of working women during their pregnancy and after childbirth. The Equal Employment Opportunity Law stipulates measures that the employers have to take, including securing necessary time for working women to receive health guidance and undergo health check in accordance with the Mother and Child Health Law and making it possible for working women to follow instructions given by doctors. | |
| The provision has been only the duty of employers to try but the revision of the Equal Employment Opportunity Law in June 1997 has made it mandatory. The revision of the Labour Standard Law has extended a maternity leave before childbirth from 10 weeks to 14 weeks in the case of multiple pregnancy (in force since April 1, 1998). |