6. Women and the economy

(1) Ensuring equal opportunity and equal treatment in employment

1)

Amendment to the Equal Employment Opportunity Law
In view of the actual situation of enforcement of the Law as well as the changes in social and economic environments that Japan has undergone during the last 10 years or so since the Law was implemented, and with due consideration given to the future prospect of a rapidly aging of society accompanied by declining birth rates, on June 18, l997, the Government revised the Equal Employment Opportunity Law, the Labour Standards Law and the Child Care and Family Care Leave Law.
The revisions were designed to strengthen the Equal Employment Opportunity Law and remove the restrictions on overtime work, holiday work and night work by women laid down by the Labour Standards Law, in order to strengthen the effectiveness of measures to ensure equal treatment of men and women in employment and give women wider choices of work and chance to exert their potential.
The main points of revision are as follows:

a)

Strengthening the Equal Employment Opportunity Law

(i)

Prohibition of discrimination against women in recruitment, hiring, assignment, and promotion

The revised law prohibits employers from discriminating against women in recruitment, hiring, assignment and promotion, while the previous law stipulated that it is the duty of the employers to endeavour to treat men and women equally in such fields. The law also prohibits employers from discriminating against women in all training programs, while the previous law prohibited discrimination only in part of such programs. As a result, discrimination against women is prohibited in all stages of employment from recruitment and hiring to mandatory retirement age, retirement and dismissal.
Whereas the previous law did not contain any restrictions on the measures for " women only" or "preferential treatment of women", the revised law prohibits such measures on the grounds that it " discriminates against women", unless such measures are designed to improve equal employment opportunity in the workplace for men and women.

(ii)

Strengthening measures to ensure the effectiveness of law

* Publication of company names not obey administrative guidance

The Minister of Labour or the Director of prefectural Women's and Young Workers' Office shall provide administrative guidance in the form of advice, guidance or recommendation to employers who violate regulations prohibiting discrimination against women and publish company names not obeying the recommendation of the Minister of Labor.

* Improvement of the mediation systema

Under the previous law, an application for mediation filed by one party could not be initiated without the consent of the other party. The revised law makes it possible to initiate mediation on application from only one party.

(iii)

Establishment of regulation to promote positive action

The Government shall provide advice and other assistance to employers engaged in positive actions, such as the establishment of the organization in charge of positive action, analysis of current situations, and drawing and implementation of plans, to remove the gap between men and women workers created by the traditional practice and stereotyped role concepts deeply rooted in workplace and society, and to promote full utilization of women's abilities and skills.

(iv)

Establishment of regulations to prevent sexual harassment in the workplace

The revised law calls on employers to take into consideration in personnel management to prevent both quid pro quo and environmental sexual harassment in the workplace.

(v)

Mandatory maternal health care

Under the revised law, employers are mandated to take measures to control the health of women workers during pregnancy or after child birth (ensuring a time for such women to undergo health guidance or a medical examinations, lessening the work-load to enable them to observe health advice, and implementing other necessary measures) which was stipulated that employers should endeavor to take.

b)

Revision of Labour Standards Law

(i)

Abolition of restrictions on overtime work, holiday work, or night work by women

The revised law has abolished restrictions on overtime work, holiday work or night work by women aged 18 years or above.

(ii)

Extension of maternity leave period in case of multiple pregnancy

So far, maternity leave has given six weeks before childbirth and eight weeks after childbirth in the case of a normal pregnancy and 10 weeks before childbirth and eight weeks after childbirth in case of multiple pregnancy.
The revised law has extended the period of leave before childbirth in the case of multiple pregnancy to 14 weeks from 10 weeks.

c)

Establishment of measures to restrict night work by employees taking care of children or other family members (revision of The Child Care and Family Care Leave Law)

As a result of the removal of restriction on night work by women under the revised Labour Standards Law, there may be a case when both parents work night shifts or when no one is available for child care or family care late at night. In order to avoid such a situation, the revised law prohibits employers from assigning a certain category of employees taking care of their family members to a night shift upon request from such employees, except when doing so obstructs the normal operation of business.

(2) Ratifying the ILO 156 Convention ( A convention regarding the equal opportunity and treatment of women and men with family responsibilities)

 

Japan ratified the ILO 156 Convention on June l995, and it has become effective as of June l996.

(3) Establishing an environment that allows workers to continue working while taking care of children or family members.

1)

Enhancing the conditions for workers taking care of children and other family members.

a)

Revision of the Child Care Leave Law
"A bill to revise part of the laws concerning Child Care leave" designed to establish a family care leave scheme was promulgated on June 9, l995.
As a result, the Child Care Leave Law was renamed the Child Care and Family Care Leave Law which is designed to support workers who are caring for children or family members to fulfill their responsibility in work as well as in the family.
The outline of the law is as follows:
* Establishment of the rights for family care leave scheme
* Shortening of working hours
* Support for workers taking care of children or family members
* Enforcement date
The right to take family care leave and the shortening of working hours concerning the child and family care was put into force on April 1,l999.

b)

Establishment of the child care leave benefits and family care leave benefits
Since April l995, a child care leave benefit system has been in force under which an employee who takes child care leave will be paid 20% of the employee's wage before taking such a leave as the basic child care leave benefit if the employee meets the requirements set forth in the Employment Insurance Law. If an employee eligible for the basic benefit is employed after child care leave by the same employer for more than six months, the employee will be paid a return- to -work benefit in the amount of 5% of the wage before the leave multiplied by the number of leave months.
Starting from April l999, an employee who takes family care leave will be paid in principle 25% of the employee's wage before the family care leave as a family care leave benefits if the employee meets the requirements set forth in the Employment Insurance Law.

(4) Enhancing measures to support child care taking into account diverse life styles

1)

Enhancing child care services

a)

Enhancing child care measures that meet demand
In l994, the Government adopted the "Basic ideas to promote measures urgently needed for child care" ( five-year emergency measures for childcare) to meet diversifying demands for child care brought about as a result of an increase in the number of working women, and to support women's needs to balance out work and child care.
In l995, the Government began to promote child care services for infants ( children younger than 1 year old) and the extension of child care service even after 6 p.m.
In l997 the Child Welfare Law was revised to re-examine child care policies and other measures with a view to creating an environment conducive to child care and to assist the sound growth and independence of the next generation of children.
( nursing of infants, extension of child care service hours, temporary nursing to establish a system that can provide high-quality child care services to meet flexibly the diversifying demand), and the strengthening of facilities that support the independent growth of children and the self-supporting of fatherless families.
Child care service fees are set on the basis of child care costs after taking into account the impact on family budgets.
Previously, nursing fees were set according to the individual's ability to pay.

(5) Promoting measures for part-time work

Based on the Part-Time Work Law, measures have been implemented to secure appropriate work conditions and to improve employment management for part-time workers. In February l999, the guideline based on the Part-Time Work Law was revised to further clarify the measures that should be adopted by employers for part- time workers.

(6) Building partnerships in rural communities

1)

Improving the economic status of women, working conditions and environment

a)

Improving the economic status of women in rural communities
Recognizing that women engaging in agriculture, forestry and fishing should receive compensation and wages if their contributions are to be fairly evaluated and their economic status advanced, the Japanese government is promoting the wide implementation of the Family Management Agreement.
The Family Management Agreement stipulates that wages, holidays , division of labor, and other labor conditions of family members that contribute to agricultural activities should after mutual consultation.
Whereas in the past only registered owners of agriculture property were eligible to join the Farmer Annuity, the Farmers Pension Fund Law was revised in April 4, l996 to allow women who are not registered owners of agriculture property, who are a party to the Family Management Agreement, and participate in the management of agriculture business to join in the pension system.
This amendment not only allows women to receive pension, but it also qualifies women as a member of an agriculture business, and thus promotes the status of women.

(7) Support for women entrepreneurs

In FY l996, the Ministry of Labor conducted a study to examine measures to systematically provide assistance to those women who wish to be entrepreneurs in the future by grasping the needs of women planning to be entrepreneurs and problems confronted by women entrepreneurs.
Based on the outcome of the study, in FY l997 a manual for women entrepreneurs was compiled and measures to assist women entrepreneurs promoted.
The Ministry of Agriculture, Forestry and Fishery has implemented projects to actively assist women entrepreneurs engaged in agriculture product processing between l994 and l998 in order to facilitate the stable operation of agriculture activities by women groups.
Also information related to managing agriculture business is being provided.
In order to support the activities of groups of women and the elderly engaged in agriculture and coastal fishing activities, non-interest-bearing loans for improving agricultural land and for improving coastal fishing activities are extended.
Furthermore, the government is planning to launch a new system in l999 to support middle-aged men and women, and women entrepreneurs who wish to start up venture companies.

(8) Quantifying unpaid work

To objectively ascertain the conditions of women, the Japanese government is collecting, organizing and providing statistical information.
As part of that effort,studies and research on policies to promote a quantitative understanding of unpaid work are conducted since the bulk of unpaid work is performed by women.
In 1997 and 1998 the Economic Planning Agency released estimates regarding the monetary valuation of unpaid work such as housework from the result of four surveys conducted between 1981 and 1996 every five years, and illustrated the fact that a disproportionately high rate of unpaid work was done by women.
In 1998, the Management and Coordination Agency launched a study group concerning statistics on unpaid labor, and is promoting further research into this issue.
In the same year, the Economic Planning Agency compiled l998 PLI(People's Life Indicators).
It has sought to compile indicators on "how easy (or difficult) it is for women to work"