Labor PolicyKeiichiro HAMAGUCHI

Chapter 4

Gender Policy

Section 1

Equal Opportunity for Men and Women

(1) Protection of women workers

• 1911 Factory Law set limit for women at 12 hours and banned night work.

• ILO Convention No.4 on Night Work of Women adopted in 1919.

• 1947 Labor Standards Law limited overtime by women (2 hours per day, 6 hours per week, 150 hours per year) and banned night work.

• 1978 Study Group on Labor Standards Law report advocated abolition of women protection because of discriminatory impact.

• Trade unions opposed removal of women protection.

• 1985 revised LSL maintained protection for industrial firms, modified (24 hours per month, 150 hours per year) for non-industrial firms.

• 1997 revised LSL abolished women protection except for maternity protection.

• 1990 ILO Convention No.171 on Night Work applied both sex and required health check.

• 2006 revised LSL will remove ban on underground work.

(2) Protection of maternity

• 1911 Factory Law banned work within 5 weeks after childbirth.

• 1923 revised FL extended it to 4 weeks before childbirth and 6 weeks after childbirth.

• 1926 revised FL banned dismissals during these periods.

• 1919 ILO Convention No.3• 1947 Labor Standards Law extended the periods

to 6 weeks before and after childbirth.

(3) Equal opportunity and treatment in employment

(a) Equal wages for men and women

• 1947 LSL banned wage discrimination based on sex (Article 4).

• Japan ratified ILO Convention No.100 on Equal Remuneration for Men and Women Workers for Work of Equal Value in 1967.

• This did not prevent any discriminatory treatment against women, as well as wage gap caused by discriminatory human resource management.

(b) 1985 Endeavor obligation law

• UN adopted Declaration on the Elimination of All Forms of Discrimination against Women in 1967.

• UN adopted Convention on the Elimination of All Forms of Discrimination against Women in 1979.

• 1978 Study Group on Labor Standards Law report advocated establishment of anti-discrimination legislation.

• Employers opposed introduction of equal opportunity and treatment.

• 1985 Equal Employment Opportunity Law required “endeavor to provide equal opportunity,” only banned discrimination in retirement and dismissal.

(c) 1997 Legal obligation law

• 1985 endeavor obligation law had a few legal effects but vast social impact on human resource management.

• 1997 revised EEOL banned any discrimination against women in recruitment, hiring, assignment and promotion.

• It allowed positive actions (setting quota to rectify unequal situation).

• It required employers to prevent sexual harassment.

(d) 2006 revision

• 2004 Study Group on Equal Employment Opportunity Policy report focused on indirect discrimination and discrimination based on pregnancy.

• Labor Policy Council discussed the issues.• 2006 revised EEOL ban indirect discrimination o

n specific areas (height requirement, transfer requirement and transfer experience, excluding part-time work).