Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee takes note of the detailed information and the statistical data supplied by the Government in its report received in October 2005, in response to its previous direct request. It also acknowledges the reception of the translated relevant legislative texts applying the Convention, provided by the Government. It asks the Government to provide additional information on the following points.

2. Promotion of equality of opportunity and treatment in access to employment. The Government recalls that section 3 of the Employment Security Law prohibits discrimination in employment placement. It also indicates that guidance and advice in this respect are provided to private employment agencies. The Committee asks the Government to indicate if measures to ensure that private employment agencies do not discriminate in access to employment have also been envisaged (Article 5, paragraph 1, of the Convention).

3. Special services or targeted programmes for the most disadvantaged workers. The Committee takes note of the Government’s indication that the information on the implementation of special services or targeted programmes designed to assist the most disadvantaged jobseekers in their jobseeking activities by private agencies is not yet available. It asks the Government to keep it informed of any developments in this regard (Article 5, paragraph 2).

4. Authorization of exceptions to the rule that private employment agencies shall not charge workers for the services provided. The Government recalls that a system of collecting fees from applicants in the fields of housekeeping, cooks and waiters is being maintained as a transitional measure until such time as the general conditions improve. The Government further indicates that fees can also be charged by private employment agencies to technologists, administrative executives and experienced technicians with an annual income exceeding 7 million yen, for the services provided. As requested by Article 7, paragraph 3, the Committee asks the Government to continue providing information on such exceptions and give the reasons therefore.

5. Machinery and procedures for the investigation of complaints. The Committee notes that there were 33 complaints in relation to the services provided by private employment agencies. It asks the Government to continue providing information on the number of complaints received, and the nature of the information reported, concerning the activities of private employment agencies (Article 10).

[The Government is asked to reply in detail to the present comments in 2008.]