Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Japan (Ratification: 2013)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for Japan on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(i) and 4 of the Convention. Definitions and scope of application. Ships. In reply to the Committee’s previous request, the Government indicates that “ships that navigate only in coasting areas or smooth water areas and only between domestic ports”, referred to under article 75, paragraph 2 of the Seafarers Act (regarding holiday with pay) are those engaged in coastal transportation of passengers and/or cargo between domestic ports navigating in the areas defined under the Ordinance for Enforcement of the Ship Safety Act. According to this Act, “smooth water area” shall mean lakes, rivers, areas in harbors and "coasting area” shall mean the areas within 20 nautical miles from the coasts listed respectively under paragraphs 6 and 7 of article 1 of the above-mentioned Act. The Government states that, as of 2023, the number of ships that navigate only in coasting areas are approximately 5,000 and those that navigate only in smooth water areas are approximately 1,000. It adds that the Seafarers Act applies to ships other than those excluded in article 1, paragraph 2, and applies to ships engaged in both domestic voyages and international voyages. While noting this information, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including ships engaged in domestic voyages. Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee notes that, in response to its previous comment, the Government indicates that the application of the national regulations to “ships of less than 20 gross tonnage and ships for which owners only employ relatives residing with such owners” is under consideration with social partners. Recalling that the Convention does not allow any exclusions on the basis of tonnage or the fact that only relatives of the owner work in a ship if they navigate within areas covered by the Convention, the Committee requests the Government to take the necessary measures to ensure that any national determination regarding the definition of ship complies with the requirements of the Convention.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. In reply to its previous comment, the Committee notes that the Government has submitted detailed information indicating, for each requirement of Standard A3.1, the relevant applicable national provision applicable to ships of less than 200 gross tonnage not engaged in international voyages, specifying whether it implements the Convention, whether it provides a lower Standard or whether it exempts these ships. The Committee takes note of this information, which addresses its previous request.

Article III. Fundamental Rights and Principles. Referring to its previous comments, the Committee notes the Government’s indication that the principle of elimination of discrimination in respect of employment and occupation is provided for under article 4 of the Seafarers Employment Security Act (Act No. 130 of 1948) regarding equal treatment. This article prohibits discrimination during the recruitment process and vocational training by reason of “race, nationality, creed, sex, social status, family origin, previous profession, membership of a labour union, etc”. The Committee takes note of this information.

Article VI, paragraphs 3 and 4. Substantial Equivalence. Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical doctor on board. The Committee notes that, in response to its previous request related to a substantially equivalent measure on this issue reflected in the DMLC Part I, the Government states that “ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three daysʼ duration”, to which Standard A4.1, paragraph 4(b) refers, relate in practice to ships of several ten thousand tons in Japan. In the case of ships other than passenger ships, according to the Ship Safety Act, the maximum number of passengers allowed on board is 12. In addition, the number of seafarers who are engaged in the operation of ships of less than 3000 gross tonnage which navigate beyond major coasting area is approximately 15. On this basis, the Government considered that article 82 of the Seafarers Act which limits the requirement of Standard A4.1, paragraph 4(b) to a vessel “of not less than 3000 gross tonnage” is “substantially equivalent” to the requirement of the Convention since there are no ships “carrying 100 or more persons and ordinarily engaged on international voyages of more than three daysʼ duration” that are less than 3000 gross tonnage. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s reply to its previous comment indicating that the review of the national provisions regarding the prohibition of the employment, engagement or work on board a ship of any person under the age of 16 for ships that employ only members belonging to the same household (article 85 of the Seafarers Act) is under consideration and should be agreed upon by social partners through thorough discussion. The Committee requests the Government to adopt the necessary measures without delay to ensure that no person under the age of 16 is allowed to be employed or engaged or work on a ship covered by the Convention, without exception, as required by Regulation 1.1 and Standard A1.1, paragraph 1.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that the Government indicates, in reply to its previous comment, that the reconsideration of the national regulations and more specifically article 86 of the Seafarers Act, which exempts seafarers under the age of 18 working on board ships that employ only members of the same household as the shipowner to engage in night work, is under review and should be agreed upon by social partners through discussion. The Committee therefore requests the Government to take the necessary measures without delay to ensure conformity with Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in reply to its previous comment, the Government’s indicates that the list of hazardous work established under article 28 of the Regulations for Labour Safety and Health of Seafarers was amended after consulting with shipowners’ and seafarers’ organizations in the Seafarer Central Labour Committee in 1983. The amendment to the above-mentioned Regulations added the following works under article 28: operation of forklifts, detection of oxygen depletion, electric work, gas welding of metal, and production of high-pressure gas for freezing. The Committee takes note of this information.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical Certificate. Right to have a further examination. In reply to the Committee’s previous request, the Government states that it is possible for a seafarer to have a further examination from a doctor designated by the Minister of Land, Infrastructure, Transport and Tourism other than a doctor who conducted the previous examination. The Government adds that this applies to all seafarers, including those who have been refused a certificate or have had a limitation imposed on their ability to work. The Committee takes note of this information.

Regulation 1.4 and the Code. Recruitment and placement. Further to its previous comment, the Committee notes that the Government refers to a number of provisions of the Seafarers Employment Security Act implementing the various requirements of Standard A1.4, paragraph 5. The Committee observes, however, that these provisions do not seem to: (i) specify the responsibility of seafarer recruitment and placement services, in addition to the responsibility of the shipowner to make arrangements for repatriation, to ensure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port (Standard A1.4, paragraph 5(c)(iv); (ii) indicate how seafarer recruitment and placement services examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint (Standard A1.4, paragraph 5(a)(v)); and (iii) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system (Standard A1.4, paragraph 5(a)(vi)). The Committee observes in this regard that the establishment of a compulsory insurance scheme to which the Government refers is limited to compensation of seafarers in case of unemployment. The Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Standard A1.4, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 4. Content of the seafarers’ employment agreement. The Committee notes that, in response to its previous request, the Government indicates that the period of agreement, referred to under article 16, paragraph (i) of the Ordinance for Enforcement of the Seafarers Act as a matter to be included in all seafarers’ employment agreements (hereafter SEA), includes defining the expiry of the employment contract, whether the agreement has been made for a definite period or a specific voyage, therefore giving effect to the requirement of Standard A2.1, paragraph 4(g)(ii) and (iii). The Committee notes that the example of the SEA communicated by the Government is made for an indefinite period and prescribes the conditions entitling either party to terminate it, as well as the required notice period as provided for by Standard A2.1, paragraph 4(g)(i). The Committee takes note of this information.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes that the "Guidelines on measures to be taken in case of damage from acts of piracy in relation with the amendments of the Maritime Labour Convention, 2006” were published by the Ministry of Land, Infrastructure, Transport and Tourism on 26 December 2020 to ensure that the shipowner establishes a new item “measures in case the seafarer is affected by acts of piracy” in SEAs providing that the agreement continues to have effect until the seafarer is released from the pirates and duly repatriated or or until they die in captivity, including cases where a person is declared missing and deemed to have died. The Committee observes that these Guidelines provide that the shipowner may not cancel the employment agreement if the grounds for cancelation occur due to piracy. The Committee takes note of this information.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. In reply to its previous comment, the Committee notes the Government’s indication that article 60, paragraph (2) and article 61 of the Seafarers Act stipulate that the number of legal holidays to be given by shipowners to seafarers shall average at least one day a week. In addition, article 75 of the same Act provides that the shipowner shall grant annual paid leave, the number of days of which shall be 15 days for six months of continuous work and five days shall be added to this for every additional three months of continuous work (25 days per year) to seafarers. Therefore, the Government considers that the combination of the weekly day of rest and annual leave, provided for by the above-mentioned provisions, meet the requirements of Standard A2.4, paragraph 2, and are substantially equivalent. The Committee draws the Government’s attention, once again, that Standard A2.4, paragraph 2 provides that annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment and that the weekly day of rest provided for under Standard A2.3, paragraph 3, should not be counted as part of annual leave with pay. The Committee requests the Government to take the necessary measures to put its legislation in conformity with the requirements of Standard A2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. Referring to its previous comment, the Committee notes that the Government states that in Japan, seafarers are granted 104.5 days of rest per year based on article 60, paragraph 2 and article 61 of the Seafarers Act which provide that the shipowner shall give two days of rest per week throughout a year. Article 62 of the Seafarers Act and article 42-11 of the Ordinance for Enforcement of the same Act provide that the shipowner may require seafarers to work on days of rest up to one third of days of rest if certain requirements are met. The Government indicates that, according to these provisions, the maximum duration of service obtained from the deduction of days of rest is approximately 10 months (295.3 days) even if the seafarer has worked on days up to one third of days of rest. Therefore, the Government considers that the national legislation, despite not prescribing a maximum duration of service period on board, automatically meets the 12 months maximum duration of service period on board before which a seafarer is entitled to repatriation. The Committee draws the Government’s attention to the fact that the days of rest per week granted under Standard A2.3, paragraph 3, do not count as annual leave and are to be taken on a weekly basis. It observes that these days of rest per week are not to be accumulated and therefore do not count towards the total number of days of annual leave to be deducted from a year of service. The Committee requests the Government to adopt appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing the maximum continuous period of service on a ship without leave limited, in principle, to 11 monthsin conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication, in reply to its previous comment, that in case of termination of the employment agreement, due to reasons of a serious default of duty by the seafarers as provided for under article 40 item (ii) through item (iv), and item (v) of the Seafarers Act (limited to the case where the seafarer has sustained an injury or illness outside the course of his/her duties that is attributable to the seafarer’s wilful intent or gross negligence), sufficient guarantees to prevent the shipowner from determining a serious default of duty of seafarers arbitrarily are provided for under articles 37 and 38. Article 37 provides that the shipowner shall notify the Minister of Land, Infrastructure, Transport and Tourism in the event of termination and article 38 provides that the Minister of Land, Infrastructure, Transport and Tourism shall examine that the employment agreements do not violate the provisions of laws and regulations, and that there is no lack of consensus among the concerned parties. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In reply to the Committee’s previous comment, the Government specifies that the Government ensures the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment through article 100-3 of the Seafarers Act, which requires that an agreement for insurance or other means shall be taken to secure the amount of money required for ensuring repatriation (including expenses for an alternative means to said repatriation) under paragraphs (1) or (2) of Article 47. The Government indicates that the circumstances under which a seafarer is considered abandoned are specified under article 47, paragraph 1. While noting this information, the Committee observes that the circumstances listed under article 47 do not seem to cover those where a seafarer shall be deemed to have been abandoned in accordance with Standard A2.5.2, paragraph 2, in violation of the requirements of this Convention or the terms of the seafarers’ employment agreement due to the shipowner: (a) failing to cover the cost of the seafarer’s repatriation; or (b) leaving the seafarer without the necessary maintenance and support; or (c) having otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months. Furthermore, the Committee observes that, while article 100-3 provides that the financial security system shall secure the amount of money required for ensuring repatriation (including expenses for an alternative means to said repatriation), there is no indication as to whether the assistance provided by the financial security system shall cover: outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or the national law of the flag State, limited to four months of any such outstanding wages and four months of any such outstanding entitlements; all expenses reasonably incurred by the seafarer, including the cost of repatriation; and the essential needs of the seafarer including such items as: adequate food, clothing where necessary, accommodation, drinking water supplies, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home (Standard A2.5.2, paragraph 9). The Committee requests the Government to adopt the necessary measures to comply with the requirements of Standard A2.5.2.

Regulation 2.7 and the Code. Manning Levels. Referring to its previous comments, the Committee notes the Government has supplied examples of minimum safety manning certificates which include a ship’s cook in the manning of the ships concerned. It also notes the Government’s indication that regarding mechanisms to investigate and resolve any complaints or disputes of the minimum safety manning levels, the Ministry of Land, Infrastructure, Transport and Tourism has established a department to receive inquiries and complaints regarding its administration. The Committee takes note of this information, which addresses its previous request.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. In reply to the Committee’s previous comment, the Government indicates that in accordance with article 63 of the Employment Insurance Act, training is provided to seafarers as a necessary programme to promote the development and improvement of skills throughout their working career. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee notes the Government’s indication, in reply to its previous comment, that ships of less than 200 gross tonnage not engaged in international voyages are exempted from Standard A3.1, paragraph 9(f)(j)(k)(l), paragraph 11(d), and paragraph 13. The Government indicates that regarding the requirements of paragraph 9(h) and (i), lower standards have been adopted than those for ships to which the Convention applies and that these exemptions were decided at the Seafarers Subcommittee of the Maritime Committee of the Transport Policy Council of the Ministry of Land, Infrastructure, Transport and Tourism on 30 July 2010, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee takes note of this information, which addresses its previous request.

Regulation 3.2 and Standard A3.2, paragraphs 2 (c), 3 and 4. Food and catering. Training. In reply to its previous comment, the Committee notes that the Government has submitted copies of circular notices Kokukaiun No. 156 and No. 158, February 28, 2013, which establish the requirements for being recruited as a ship’s cook. The Committee takes note of this information, which addresses its previous request.

Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. The Committee notes the Government’s indication, in reply to its previous comment, that Seafarers’ Welfare Association of Japan is a judicial foundation managing four shore-based welfare facilities in Japan. It organizes its council twice a year, in which the Government, Seafarer representatives and Shipowner representatives participate, and examines the future management plan of the facilities and services. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Following its previous comments on how the Government ensures that accommodation and on-board recreational facilities are among the matters that shall be inspected in order for a Ship Inspection Certificate or Temporary Navigation Permit to be issued, the Committee observes that the checklist for inspection on seafarers working conditions submitted by the Government includes accommodation and recreational facilities. The Committee takes note of this information, which addresses its previous request. The Committee further observes that the example of Declaration of Maritime Labour Compliance (hereafter DMLC), Part II, submitted by the Government does not contain any information on the measures adopted by the shipowner to implement the national requirements and therefore does not appear to fulfil the purpose for which it is required under the Convention. The Committee requests the Government to ensure that, in all cases, the DMLC, Part II, approved by the competent authority provides specific information on the ways in which the national requirements are to be implemented on board.