Japan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Japan’s overall score is 72.5 out of100. The overall score for Japan is lower than the regionalaverage observed across East Asia (78). Within the East Asianregion, the highest score is observed for Mongolia (85).

Japan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1965 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1953.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§28 of the Constitution of Japan, 1947; §1-7 & 14 of the Labour Union Act, 1949; USDOS CRHRP 2023 (Japan)

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§7 & 14-17 of the Labour Union Act, 1949; §92 of the Labour Standards Act, 1947; USDOS CRHRP 2023 (Japan)

Does the law provide for the right to strike?

No

0

§ 5(8) & 8 of the Labour Union Act, 1949; §6- 7 & 37-39 of the Labour Relations Adjustment Act, 1946; CEACR C87 Obs. 2023; USDOS CRHRP 2023 (Japan)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§1, 98 & 110 of National Public Service Act 1947; ITUC Global Rights Index 2024 (Japan Profile)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §28 of the Constitution of Japan, 1947; §1-7 & 14 of the Labour Union Act, 1949; USDOS CRHRP 2023 (Japan)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law restricted the right of public-sector workers and employees of state-owned enterprises to form and join unions of their choice. Public-sector employees could participate in public-service employee unions, which could negotiate collectively with their employers on wages, hours, and other conditions of employment. The International Labor Organization continued to raise concerns that the law restricted some public-sector employees’ labor rights. Public-sector employees did not have the right to strike; trade union leaders who incited a strike in the public sector could be dismissed and fined or imprisoned."

Information

Source: §7 & 14-17 of the Labour Union Act, 1949; §92 of the Labour Standards Act, 1947; USDOS CRHRP 2023 (Japan)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Employees involved in providing essential services do not have the right to collective bargaining."

Information

Source: § 5(8) & 8 of the Labour Union Act, 1949; §6- 7 & 37-39 of the Labour Relations Adjustment Act, 1946; CEACR C87 Obs. 2023; USDOS CRHRP 2023 (Japan)

A : National Law

National Labour Legislation

"Article 5(1)Unless a labor union has submitted evidence to the Labour Relations Commission and proved that it is in compliance with Article 2 and paragraph (2) of this Article, the labor union is not qualified to participate in the procedures provided in this Act and will not be granted the remedies provided in this Act; provided, however, that nothing herein should be construed as to deny protections for individual workers pursuant to Article 7, item (i). (2)The constitution of a labor union must include the provisions listed in the following items: ............ (viii)that no strike is to be started without a majority decision made by direct secret vote either of the union members or of delegates elected by direct secret vote of the union members; ........."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3. Denial of basic labour rights to 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 once again by the Government on its overall approach, which remains to continue to hear opinions from employee organizations. The Government refers once again to the procedures of the National Personnel Authority (NPA) presented as a compensatory guarantee for public service employees whose basic labour rights are restricted. The Government indicates that the NPA held 180 official meetings with employees’ organizations in 2021 and 190 official meetings in 2022, making recommendations enabling working conditions of public service employees to be brought into line with the general conditions of society. The Government invokes the example of the use of the NPA recommendation system through fact-finding surveys nationwide for revision of the remuneration of public service employees, implemented since 1960. Therefore, the Government restates that these compensatory measures maintain appropriately the working conditions of public service employees. The Committee notes the Nippon Keidanren observations supporting the Government’s intention to continue to carefully review and consider measures for an autonomous labour-employer relations system, taking into account views from employees’ organizations. The Committee notes, however, 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 initiate consultation with the organizations concerned. Furthermore, JTUC–RENGO reiterates that the NPA recommendations are left to political decision, making it obvious that such a mechanism is defective as a compensatory measure. JTUC-RENGO regrets that on all occasions the Government merely and invariably repeats its statement made in 2013 in the House of Representatives that “an autonomous industrial relations system would have a wide range of issues and as citizens’ understanding has not been gained yet, it will be necessary to continue to consider this carefully.” JTUC–RENGO deplores the evident lack of intention on the part of the Government to reconsider the legal system regarding the basic labour rights of public service employees."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The International Labor Organization continued to raise concerns that the law restricts some public-sector employees’ labor rights. Public-sector employees do not have the right to strike; trade union leaders who incite a strike in the public sector may be dismissed and fined or imprisoned."

Information

Source: §1, 98 & 110 of National Public Service Act 1947; ITUC Global Rights Index 2024 (Japan Profile)

A : National Law

National Labour Legislation

"Article 98 Obligation to Obey Laws and ( Regulations and Orders of Superiors; Prohibition of Acts of Dispute, etc.) ( )1 Officials shall, in the performance of their duties, comply with laws and regulations and faithfully observe the orders of their superiors in the course of their duties. ( )2 Officials shall not strike or engage in delaying tactics or other acts of dispute against the public represented by the National Government as employer, or resort to delaying tactics which reduce the efficiency of government operations, nor shall any persons attempt, or conspire to effect, instigate or incite such illegal acts. ( )3 Any official who resorts to a strike or other acts violating the provision of the preceding paragraph may not, with the commencement of such acts, set up against the National Government with the rights to appointment or employment possessed by him/her under laws and regulations. "Article 110 ( )1 Any person who falls under any of the following items shall be punished by imprisonment with work for not more than three years or a fine of not more than one hundred thousand yen: ( )i Any person who has violated paragraph 6 of Article 2; ( ) ii Deleted; ( ) iii Any person who has been summoned as a witness pursuant to the provision of paragraph 2 of Article 17 and has made a false statement; ( ) iv Any person who has been summoned as a witness pursuant to the provision of paragraph 2 of Article 17 and has not responded without any justifiable reason, or one who, pursuant to the provision of the same paragraph, has been ordered to submit documents or copies thereof, and has not complied with such order without any justifiable reason; ( )v Any person who has been ordered to submit documents or copies thereof pursuant to the provision of paragraph 2 of Article 17 and has submitted documents with false entry or copies thereof; ( ) v-ii Any person who has refused, prevented or recused the investigation conducted pursuant to the provision of paragraph 3 of Article 17, or has not made a statement or has made a false statement to the questions except an ( official who is subject to the investigation set forth in paragraph 1 of the same Article ; ) ( ) vi Any person who has paid remuneration in violation of Article 18; ( ) vii Any person who has made an appointment in violation of paragraph 1 of Article 33; ( ) viii Any person who has violated the prohibition provided for in Article 39; - 44 - ( ) ix Any person who has committed a fraud in violation of Article 40; ( )x Any person who has impeded the taking of examination or appointment or provided information in violation of Article 41; ( ) xi Any person who has paid remuneration in violation of paragraph 1 of Article 63 or in violation of Article 66; ( ) xii Any person who has paid remuneration in violation of Article 68; ( ) xiii Any Commissioner who has intentionally failed to take appropriate measures in regard to payment of remuneration in violation of Article 70; ( ) xiv Any person who has paid salaries to a person suspended from duty in violation of paragraph 2 of Article 83; ( ) xv Any person who has intentionally prevented the presentation of a request for administrative action on working conditions in violation of Article 86; ( ) xvi Deleted; ( ) xvii Any person who has conspired to effect, instigated or incited an illegal act provided for in the first sentence of paragraph 2 of Article 98, or has attempted such act; ( ) xviii Any person who has failed to make a statement or testify in violation of paragraph 4 of Article 100; ( ) xix Any person who has violated the restrictions on political acts provided for in paragraph 1 of Article 102; ( ) xx Any person who has formed an organization in violation of paragraph 5 of Article 108-2. ( )2 Money or other benefit received by a person who falls under item 8 of the preceding paragraph shall be confiscated. When it is not possible to confiscate such amount, either in whole or in part, its value shall be collected.""

C : ITUC

ITUC Global Rights Index (country legal profile)

"Trade union leaders who incite strikes in the public sector can be dismissed and fined or imprisoned for up to three years under the provisions of the National Public Service Law and the Local Public Service Law. No public employee can strike. The Government has transformed public institutions into Independent Administrative Institutions (IAI), which it defines as 'organisationally independent of the Government'. Two types of IAI have been created: 'specific IAI', where employees are civil servants, and 'non-specific IAI', where employees are not considered civil servants. Although all IAI workers have the right to organise and engage in collective bargaining, the right to strike is guaranteed only to workers in non-specific IAIs."