Japan

Article 3. Public service employees. The Committee recalls its long-standing comments on the need to ensure basic labour rights for public service employees, in particular that they enjoy the right to industrial action without risk of sanctions, with the only exception being public servants exercising authority in the name of the State and workers employed in essential services in the strict sense of the term. The Committee notes the general information provided by the Government on its overall approach, which remains to continue to hear opinions from employee organizations. The Committee further notes the information on the reduction of the number of national public service employees, as a result of the creation of Incorporated Administrative Agencies and the privatization of public departments or divisions. According to the Government, the number of employees in Governmental Administrative Agencies has diminished from 807,000 in March 2003 to 302,000 in March 2021. The Government thus considers that presently the restrictions on the basic labour rights for national public service employees, whose number is decreasing, is considerably limited.
The Committee recalls that the Government has been referring over the years to the procedures of the National Personnel Authority (NPA) as a compensatory guarantee for public service employees whose basic labour rights are restricted. Previously, the Committee had noted the persistent divergent views on the adequate nature of the NPA as a compensatory measure, and had requested the Government to consider, in consultation with the social partners, the most appropriate mechanism that would ensure impartial and speedy conciliation and arbitration. In its report, the Government indicates that the NPA held 185 official meetings with employees’ organizations in 2020, making recommendations enabling working conditions of public service employees to be brought in line with the general conditions of society. The Government invokes the example of the use of the NPA recommendation system for revision of the remuneration of public service employees, implemented since 1960. Thus, the Government restates that these compensatory measures maintain appropriately the working conditions of public service employees.
The Committee notes, on the other hand, the observations from the JTUC–RENGO regretting that the Government’s position on the autonomous labour–employer relations system has not evolved and the Government’s failure to take action as requested by the ILO supervisory bodies. JTUC–RENGO, recalling the obligation of the Government under Section 12 of the Basic Act on the National Civil Service Reform (2008), regrets that the Government gives the same response it has been repeating for many years, that “there are wide-ranging issues regarding autonomous labour–employer relations systems, so while exchanging views with employees organizations, it is necessary to continue to consider this carefully”. Furthermore, JTUC–RENGO reiterates that the NPA recommendations are left to political decision, making it obvious that such mechanism is defective as a compensatory measure. JTUC–RENGO denounces the statement from the Government that the privatization of national administrative agencies had left fewer public service employees without their basic labour rights as an attempt to seek acceptance of these restrictions. The Committee notes that JTUC–RENGO deplores the evident lack of intention on the part of the Government to reconsider the legal system with regard to the basic labour rights of public service employees, and once again requests that the ILO supervisory bodies call into question the Government’s attitude and investigate these matters.
The Committee, noting that the report fails to provide any additional information on the matter, is therefore bound to urge once again that the Government indicate tangible measures taken or envisaged to ensure that public service employees, who are not exercising authority in the name of the State, enjoy fully their basic labour rights, in particular the right to industrial action. In view of persistent divergent views, the Committee also urges the Government to resume consultations with the social partners concerned for the review of the current system with a view to ensuring effective, impartial and speedy conciliation and arbitration procedures, in which the parties have confidence and can participate at all stages, and in which the awards, once made, will be fully and promptly implemented. It requests the Government to provide information on steps taken in this regard. It also requests the Government to continue providing information on the functioning of the NPA recommendation system.