Part Two: Report by Article
Article 11
Article 11. 1
1. Promotion of Measures to Secure Equal Employment Opportunities
(1) Implementation of the Equal Employment Opportunity Law
The revised Equal Employment Opportunity Law came into force in April 1999. In accordance with this law, discrimination against women at all the stages of employment management, from recruitment, hiring to retirement were prohibited. Equal treatment between men and women has steadily permeated into companies' employment management. Under the negative influence of the severe employment situation today, however, female students in the hiring process still face disadvantages. Also, it is observed that improvements in the actual situation has been delayed. For instance, the ratio of women who are in managerial positions is still low and has been at a standstill in recent years. There are also cases which show dismissals due to pregnancy and childbirth, as well as different treatment of women in comparison to men at retirement and in dismissals.
The Equal Employment Department of the Prefectural Labour Bureau that is the regional bureau of the Ministry of Health, Labour and Welfare receives over 20,000 consultations concerning the Equal Employment Opportunity Law per year from companies and female workers. Requests of assistance for individual dispute settlement made by female workers concerning gender-equal treatment have been increasing in recent years. Reflecting the severe employment situation, the requests related to forced retirement, dismissal and other ill treatment due to gender, pregnancy and childbirth have been increasing. The Equal Employment Department provides approximately 6,500 corrective guidance a year against those who violate the Equal Employment Opportunity Law and has been offering administrative guidance for proactive measures related to Positive Action to remove the de facto gaps that arise between male and female workers.
As for mediation, the Revision to the Equal Employment Opportunity Law enabled a petition from one of the parties concerned alone to commence the mediation process. This has resulted in an increase in mediation petitions.
(2) Raising Awareness for the Revised Equal Employment Opportunity Law
The Government has been conducting public relations activities to raise awareness for the Equal Employment Opportunity Law, especially during the "One Month Campaign on Equal Employment Opportunity between Men and Women," implemented every year in June toward the realization of company employment management in accordance with the Equal Employment Opportunity Law.
Especially during FY1999, the first year of the enforcement of the "Revised Equal Employment Opportunity Law," the Ministry actively held group briefings and so forth in order to raise awareness among small and medium-sized companies as well as micro companies where the law had not permeated significantly. Through cooperation with employer's associations, the Ministry also put emphasis on running public awareness campaigns for industries where legal penetration is thought to be low.
Furthermore, the Ministry requested newspaper publishing companies, classified advertising related corporations, and classified magazine-publishing corporations to cooperate in raising public awareness regarding the "Revised Equal Employment Opportunity Law" and in publishing classified advertisements in line with the said Law.
In December 1999, the Worker Dispatch Law was revised so that the employers to whom workers were dispatched would be put under the obligation to pay due diligence for the prevention of sexual harassment, and to implement measures regarding maternity health management. Together with the explanation on the "Revised Equal Employment Opportunity Law," the Ministry disseminated information on them.
(3) Formulation of Basic Policy
Through proactive administrative guidance, the Government has been working to secure the implementation of the Equal Employment Opportunity Law. The Government has also been actively taking measures to promote Positive Action taken by companies so as to realize the practical gender-equality.
a) Basic Policy on Measures for Equal Employment Opportunity
Based on Article 4 of the Equal Employment Opportunity Law, Basic Policy on measures for Equal Employment Opportunity was formulated in July 2000. Taking into account the changing working environment surrounding women workers and the progress made in related measures, this policy clarifies the issues concerning the work-life of women workers and presents a basic direction toward ensuring equal opportunity and treatment between men and women in employment.
b) Basic Policy on Measures for Equal Employment Opportunity for Seafarers
To ensure equal employment opportunity for seafarers, the "Basic Policy Regarding Equal Employment Opportunity Measures for Seafarers" was also formulated in February 2002.
(4) Support for the Realization of Equal Employment Opportunities
a) Administrative Guidance
Administrative Guidance has been actively implemented in accordance with the actual situation of the industries in terms of type and size, after grasping thoroughly the implementation of the Equal Employment Opportunity Law, and the situation of hiring, assignment and the promotion of both men and women. For treatment that violates the "Equal Employment Opportunity Law," correctional guidance is given. For companies that have huge gaps in hiring, assignment and promotion between men and women, advice for concrete measures such as clarifying standards for hiring and promotion as well as advice for analyzing and defining problems are also provided to improve the situation.
In FY1999, the first year of the implementation of the "Revised Equal Employment Opportunity Law," administrative guidance focused on recruitment and hiring was conducted to eliminate gender classified recruitment. As a result, in most cases recruitment has switched to a system in which gender is no longer a criterion.
In addition, as for the employment management system differentiated by career courses, the Government gives guidance to companies that have introduced the system based on the "Important Notice Concerning Employment Management Differentiated by Career Courses" established in June 2000 so that they would conduct employment management in line with the Notice, taking into account the systems' contents and situations of their actual operation.
Furthermore, concerning the employment problem for female students, situations of corporate recruitment and hiring, and the job-hunting activities of female students were looked into. For violations of the "Equal Employment Opportunity Law," correctional guidance is given. The Ministry produced the "Rulebook for Equal Recruitment of Males and Females" in FY 2001, and has been providing enlightening guidance to those in charge of personnel affairs and interviews in the companies to thoroughly secure the gender equal hiring rules that adhere to the Equal Employment Opportunity Law.
b) Positive Action
As described in Article 4
c) Measures to Prevent Sexual Harassment
As described in Article 2
d) Resolution of Individual Disputes
(i) Dispute Settlement Support Based Upon the Equal Employment Opportunity Law
To facilitate the settlements of disputes between women workers and business owners relating to the equal treatment, the Director-General, Prefectural Labour Bureau actively gives advice, guidance and recommendations. The Disputes Adjustment Commission (the Equal Opportunity Mediation Commission was reorganized through the enforcement of the "Law on Promoting the Resolution of Individual Labour Disputes" in October 2001) also proactively undertakes mediation of resolution of disputes.
As a reflection of the severe employment situation, there are many individual disputes between women workers and business owners related to retirement suggestions and dismissal. Especially, cases of forced retirement or dismissals due to pregnancy and childbirth have been increasing. Most of the cases for individual dispute settlement assistance have been solved by the assistance of the Director-General, Prefectural Labour Bureau.
As for mediation, led by the Amendment to the Equal Employment Opportunity Law, which stipulates that with a petition from one of the parties to the dispute mediation may start, the number of petitions for mediation has increased. The contents of mediation requests were placement, promotion and layoff. For FY2001, the cases of individual dispute settlement composed of 107 cases of assistance provided by the Directors of the Labour Department of Prefectural Offices and five cases of application filed to the mediation.
(ii) Dispute Resolution Assistance Based on Law on Promoting the Resolution of Individual Labour Disputes
To promote the prompt and appropriate resolution of disputes between individual workers and business owners concerning labour relations, "Law on Promoting the Resolution of Individual Labour Disputes" came into force on 1 October 2001.
As for individual disputes related to sexual harassment, etc., they will not fall into the scope of advice, guidance and recommendation by the Director-General, Prefectural Labour Bureau and mediation by the Disputes Adjustment Commission based upon the Equal Employment Opportunity Law. Instead, resolution of such disputes is sought through advice and guidance by the Director- General, Prefectural Labour Bureau or through conciliation by Disputes Adjustment Commission based upon "Law on Promoting the Resolution of Individual Labour Disputes."
e) Review on So-called Indirect Discrimination
Regarding so-called "indirect discrimination," a social consensus on its definition has not been established yet. The scope of problems vary from person to person. Therefore, discussion needs to be exhausted to form a consensus on what sort of cases constitute discrimination. The Ministry of Health, Labour and Welfare has been collecting information about measures, precedents and cases from other countries and will continue to review this matter. A forum for deliberation will be established in 2002.
2. Organization of Employment Conditions within the Diversifying Forms of Employment
Although the issue does not directly fall under this paragraph, because the majority of part-time workers and dispatch workers are held by female workers, the measures taken relating to these forms are reported as reference.
(1) Part-time Workers
In recent years, part-time labour has increased and become an indispensable part of Japan's economy. Amidst this situation, making part-time work a satisfactory form of employment is an important issue to promote the exertion of women's abilities.
To improve labour management of part-time workers, based on the "Law Concerning the Improvement of Employment Management, etc., of Part-time Workers" (hereinafter referred to as the "Part-Time Work Law"), the Ministry of Health, Labour and Welfare is advancing measures to raise thorough awareness of this said law and guidelines for employers. Subsidies for employers to support their efforts to follow this law are also provided. Practically, in relation to labour management of part-time workers, Article 3 of the Part-Time Work Law provides due consideration for the balance between part-time workers and regular employees. To this end, voluntary initiatives are promoted while the Ministry provides information to workers and employees concerning the concept of personnel management that considers the balance with regular employees.
As for the modalities of part-time labour policies for the future, from March 2001, a study group was established to review the issue. Also, as for the fair and balanced treatment, etc., of part-time workers befitting the ways they work, from the standpoint of advancing work sharing, government, workers and employers are considering the issue.
Previously, the Employment Insurance System was applied to part-time workers who met all the following three requirements: (i) those who have a chance of renewal of employment contract; (ii) those who have more than 20 hours per week of predetermined working hours; and (iii) those who are expected to earn more than ¥900,000 in a year. The Government has been making efforts to expand the application of the system by abolishing the third requirement from April 2000.
(2) Dispatch Worker
The number of dispatch workers in FY2000 was approximately 1.39 million. In 1999, women accounted for 69.7% of this population.
To ensure workers' proper employment opportunities, responding to the shift in the socio-economic situation in recent years and the needs to secure the diversity of choices for workers, various measures have been implemented based on the "Law for Securing the Proper Operation of Worker Dispatching Undertakings and the Improved Working Conditions for Dispatched Workers." Through the Amendment to this Law in 1999, as a prerequisite for liberalization of applicable types of work in principle, worker protection measures (measures that should be taken by the employers of dispatch workers, such as protection of personal information, notification of enrollment status of social insurance and labour insurance to the companies where the workers are dispatched) were enhanced, and the Ministry has been making efforts to further ensure appropriate working conditions for dispatch workers.
Previously, the Employment Insurance System had been applied to registered type dispatch workers meeting all the following four requirements: (i) those who have a chance of renewal of employment contract; (ii) those who have more than 20 hours per week of predetermined working hours; (iii) those whose predetermined working days for one month are more than 11 days; and (iv) those who are expected to earn more than ¥900,000 in a year. From April 2001, requirements (iii) and (iv) were abolished in an effort to expand the system's application.
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