Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Japan (Ratification: 2000)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy. Following its previous comments, the Committee notes the Government’s information that the “Headquarters for Youth Development” established in June 2003 aims to secure close cooperation among relevant administrative agencies with respect to the measures concerning the development of youth such as healthcare, welfare, education, labour and delinquencies, and to facilitate comprehensive and effective promotion of measures. The Committee also notes that the Government is facilitating the promotion of youth development measures based on the “National Youth Development Policy” prepared by the Headquarters for Youth Development.

Article 2, paragraph 1. Scope of application. Noting the provisions of section 9 of the Labour Standards Act, according to which a worker means anyone who is employed in an enterprise or place of business and receives wages therefrom, the Committee had requested the Government to provide information on the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention. The Committee notes the Government’s information that youth under 15 years of age are subject to compulsory education and it is almost unimaginable that a child of this age will engage in self-employed work. The Committee further notes the Government’s indication that with respect to sailors, self-employed workers shall not be excluded from the application of the Mariner’s Law.

Article 4. Exclusion of limited categories of employment or work from the scope of application of the Convention. Following its previous comments, the Committee notes the Government’s indication that employment in family undertakings and domestic workers are not subject to the Labour Standards Law, and hence the Government does not have much information on the extent of child labour in the above categories. The Committee also notes that the law restricting hazardous work does not apply to those employed in family undertakings. The reason evoked is that it is inappropriate to treat workers employed in a family undertaking in a similar way to other workers. The Committee recalls that, by virtue of Article 4, paragraph 2, of the Convention, a government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of such categories. The Committee also recalls that Article 4, paragraph 3, of the Convention, does not permit the exclusion of hazardous work from the scope of application of the Convention. Consequently, the Committee requests the Government to state in its next report the position of its law and practice in respect of children working in family undertakings or as domestic workers. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that children under 18, working in family undertakings or as domestic workers, do not carry out work that is likely to jeopardize their health, safety or morals.

Article 7. Light work. The Committee had previously requested the Government to provide information on the number of permits granted for admission to light work and the types of work authorized thereunder. The Committee notes the Government’s information that, in 2005, there were 806 applications for light work, out of which 787 cases were permitted.

Part V of the report form. The Committee notes the Government’s indication that in 2005, 21 cases of violations of section 56 (minimum age) of the Labour Standards Law were detected in the course of regular inspections in all types of industry, and none of the cases were sent to the prosecutor’s office. The maritime inspectors inspected 6,105 vessels in 2005, and no cases of violations with regard to the employment of children were detected.