home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Wayzata World Factbook 1996
/
The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso
/
mac
/
TEXT
/
HUMANrts
/
JAPAN.TXU
< prev
next >
Wrap
Text File
|
1996-01-05
|
5KB
|
109 lines
TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
People with Disabilities
Japan has no national law protecting the rights of the
disabled, including access and employment, but some prefectures
and cities have enacted their own legislation addressing the
issue. Despite growing awareness of the issue, access to
public transportation, "mainstream" public education, and other
facilities is often quite limited for the disabled in Japan.
Section 6 Worker Rights
a. The Right of Association
The right of workers to associate freely in unions is assured
by the Constitution. Approximately 24 percent of the active
work force belongs to unions. Unions are free of government
control and influence. The Japanese Trade Union Confederation
(RENGO), which represents 8 million Japanese workers and was
formed in 1989 through the merger of several confederations, is
Japan's largest labor organization. There is no requirement
for a single trade union structure, and there are no
restrictions on who may be a union official. Members of the
armed forces, police, and firefighters, however, are not
permitted to form unions or to strike. Most unions are
involved in political activity as well as labor relations but
are not controlled by political parties.
Unions are active in international bodies, most notably the
International Confederation of Free Trade Unions, and maintain
extensive international contacts. The right to strike,
implicit in the Constitution, is exercised. During 1993,
116,000 worker days were lost to strikes. Japanese laws
prohibit retribution against strikers and are effectively
enforced. Public employees do not have the right to strike,
although they do have recourse to mediation and arbitration.
The Government determines the pay of government employees based
on a recommendation by the independent National Personnel
Authority.
b. The Right to Organize and Bargain Collectively
The Constitution gives unions the right to organize, bargain,
and act collectively. These rights are exercised freely, and
collective bargaining is practiced widely. The annual "Spring
Wage Offensive," in which individual unions in each industry
conduct negotiations simultaneously with their firms, involves
nationwide participation. Japanese management usually consults
closely with its enterprise union. However, trade unions are
independent of management and aggressively pursue the interests
of their workers. Antiunion discrimination is prohibited by
law and adequate mechanisms exist for resolving such cases as
do exist. A high-profile example still pending concerns the
privatization of the national railway system in 1986. The East
Japan Railway Company and some of the other private successor
companies of the Japan National Railway refused to offer
employment to thousands of former employees who were union
members. Fourteen cases related to this matter have been filed
with the Central Labor Commission. Two have been decided in
favor of the workers but are under appeal by management, and
the other 12 were still pending at year's end.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Labor Standards Law prohibits the use of forced labor, and
there are no known cases of forced or compulsory labor.
d. Minimum Age for Employment of Children
Under the revised Labor Standards Law of 1987, minors under 15
years of age may not be employed as workers, and those under
the age of 18 years may not be employed in dangerous or harmful
work. The Labor Inspection Division of the Ministry of Labor
rigorously enforces child labor laws.
e. Acceptable Conditions of Work
The Minister of Labor or the Director of the Prefectural Labor
Standards Office administratively determines minimum wages,
based usually on the recommendation of the Tripartite Minimum
Wage Council. Minimum wage rates vary by industry and region.
In the Tokyo area, a steelworker's rate is $6.25 (620 yen) per
hour. The wage rates are sufficient to provide workers and
their families with a decent living. Amendments to the Labor
Standards Law provided for the phased reduction of maximum
working hours in most industries from the 44-hour, 6-day
workweek to 40 hours in 1994.
The Ministry of Labor effectively administers various laws and
regulations governing occupational health and safety, principal
among which is the Industrial Safety and Health Law of 1972.
Standards are set by the Ministry of Labor and issued after
consultation with the Standing Committee on Safety and Health
of the Tripartite Labor Standards Commission. Labor inspectors
have the authority to suspend unsafe operations immediately,
and the law provides that workers may voice concerns over
occupational safety and remove themselves from unsafe working
conditions without jeopardizing their continued employment.